A Twin Peaks biker filed a Petition for Writ of Mandamus Monday morning asking that the Tenth Court of Appeals review the District Court’s refusal to disqualify District Attorney Abel Reyna from future cases involving the bikers arrested in the May 2015 Twin Peaks shootout.
According to the Clint Broden, attorney for Matthew Clendennen stated he “acknowledged the mandamus is an extraordinary remedy. “
Broden released the following explanation:
“We believe that the testimony from the hearing on this matter clearly indicated that Mr. Reyna needs to hand this case over to an independent prosecutor. First, it was clear from the hearing that Mr. Reyna orchestrated the wholesale arrest of the motorcyclists even when all three of the Waco Assistant Police Chiefs on the scene that day correctly determined most of the motorcyclists to be mere witnesses. Second, despite Mr. Reyna’s testimony under oath that he had extensive discussions with Waco Police Detective Manual Chavez about the preparation of the fill-in-the-blank arrest warrant affidavits fo the 177 motorcyclists, Detective Chavez testified under oath that he never even saw Mr. Reyna that night. In other words, both gave testimony under oath that completely contradicted one another. Third, the civil rights lawsuits against Mr. Reyna create a situation where he must see these frivolous persecutions through in order to embolden his position in the civil rights cases pending against him in Federal Court.” Finally, although Mr. Reyna testified under oath that he expected McLennan County taxpayers to indemnify him for any judgments in the civil rights cases filed against him, it was later determined that McLennan County Commissioners have made not such agreement with him."
Broden stated what Clendennen wants is simply to be afforded his due process rights under the U.S. Constitution and Texas Constitution and have his case prosecuted by an unbiased prosecutor who did not talk reluctant police into arresting him.
“Mr. Clendennen deserves that,” Broden stated. “The McLennan County taxpayers deserved that, and the criminal justice system as a whole deserves that.”
In August 2016, Defense attorneys for two of the nearly 200 bikers arrested in connection to the Twin Peaks shooting previously argued two motions.
They claimed District Attorney Abel Reyna’s office meddled too much in the police investigation and they also argued Reyna has a financial stake in the outcome because he is being sued by some of the bikers. However, the judge denied the motions after reviewing all the evidence and arguments.