Judge Matt Johnson recused himself Monday from the Twin Peaks case he presided over after a motion was filed Thursday by Clint Broden, who represents Matthew Clendennen.
See the full recusal motion below:
Broden contended District Attorney Abel Reyna had a financial stake in the outcome of Clendennen's case.
Thursday's motion also questioned the credibility of Reyna, citing testimony Reyna gave that conflicts with that of two other people who testified in the first hearing to recuse Reyna on August 18. It pointed out that Reyna and Judge Johnson "previously practiced" law together under the firm name Reyna & Johnson.
Documents included in the motion showed Reyna & Johnson Llp was founded in 2002 in Waco.
Broden cited the Texas Rules of Civil Procedure in the motion which state in part, a "judge must recuse in any proceeding in which the judge or a lawyer with whom the judge previously practiced law has been a material witness concerning the proceeding."
Reyna testified in the August 18th hearing, which Broden argues would make Reyna a material witness, thus disqualifying Judge Johnson from hearing the motion.
Broden also claimed in the Thursday motion Judge Johnson nor Reyna told Clendennen or his counsel about their previous partnership.
Nine bikers were killed in the May 17, 2015 shootout at the Twin Peaks restaurant in Waco. More than 100 bikers have since been indicted, most of them facing a charge of engaging in organized crime with an underlying offense of murder.