An attorney for a man charged in connection to the Twin Peaks biker shootout made a third attempt Thursday to prevent the McLennan County District Attorney's office from trying his client's case.
Clint Broden filed a "motion to reopen a motion to disqualify McLennan County District Attorney's Office and appoint an attorney pro tem."
The motion also requests the "recusal of the honorable Matt Johnson in relation to the motion."
Broden, who represents Matthew Clendennen, contends District Attorney Abel Reyna has a financial stake in the outcome of Clendennen's case.
The motion also questions 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.
Judge Matt Johnson denied the initial motion to recuse Reyna which was upheld by the Tenth Court of Appeals.
The motion filed Thursday to recuse Reyna also asks that Judge Johnson not hear the case.
It points out that Reyna and Judge Johnson "previously practiced" law together under the firm name Reyna & Johnson.
Documents included in the motion show Reyna & Johnson Llp was founded in 2002 in Waco.
Broden cites 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 claims in the 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.
Reyna issued the following statement:
I have read Mr. Broden's motion and request. Based on the facts and the law, I'm not worried about it.