An attorney representing one of the defendants in the Twin Peaks biker trial will file a motion Thursday at the McLennan County courthouse.

Cody Ledbetter, who was at the Twin Peaks restaurant during the shootout is being represented by Paul Looney.

Nine people died, 23 injured and 177 people were arrested after the May 17, 2015 incident. Out of the 177 people, 154 were indicted.

According to a press release from Looney & Conrad, P.C., the filing of the motion is based on illegal and outrageous government conduct.

Looney said his client had photos and/or videos of himself and his wife engaging in consensual sexual activity on his phone that were meant for only the two of them to view. When Ledbetter was arrested, the images were copied by law enforcement after a search of his phone. Looney stated in the release the search was outside the scope of any warrant or other authorization as the images had no value as evidence.

The images were copied more than 150 items and distrusted to counsel and staff for each of the “Twin Peaks Defendants.” Looney said it is a violation of Sec. 21.16(b) of the Texas Penal Code.

“The District Attorney and his assistants have committed numerous crimes against Mr. Ledbetter and his wife by knowingly revealing these intimate images on his telephone without any legal excuse,” he said.

Lonney’s partner, Clay S. Conrad said the state has a duty to disclose relevant information, but they also have a duty to not disclose private sexual images having absolutely nothing to do with the current case.

“They are not protected by immunity; they are not protected by discovery rules and they are not protected by common sense,” Looney said. “those actions were and still are simply criminal. The District Attorneys’ office in McLennan County can no longer be responsible for the prosecution Cody Ledbetter; a special prosecutor must be appointed.”

Looney said there is no argument that a person can criminally victimize another person and continue to serve as prosecutor against that person.

“McLennan County citizens have a right to be disgusted with the behavior of their prosecutors,” he said.

The first trial is set for Monday October 9.

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