BIKER NEWS: Waco: New Motion Seeks Removal Of Biker Shooting Gag Order | Outlaws Bikers News

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BIKER NEWS: Waco: New Motion Seeks Removal Of Biker Shooting Gag Order

BN- WACO (September 14, 2015) A Dallas lawyer who is representing a Hewitt man in connection with the Twin Peaks biker gang shootings has...



BN- WACO (September 14, 2015) A Dallas lawyer who is representing a Hewitt man in connection with the Twin Peaks biker gang shootings has filed a brief with the Texas Court of Criminal Appeals seeking the nullification of a gag order in the case.

F. Clinton Broden, who represents Matthew Alan Clendennen, a Hewitt businessman who was arrested on the day of the shootings that left nine dead and 20 injured, is asking the court to reverse its decision to stay the issue and order the gag rule lifted.

Broden cites several issues in his brief, including that the 54th District Court did not have the proper jurisdiction to issue the gag order in the first place.

Broden also says the gag order does not list specific issues and is too broad and not workable, according to his petition.

The brief was filed in the state court in Austin on Monday, a news release from Broden's office says.

In general, the brief asks the Texas Court of Criminal Appeals to set aside its order of August 13 that stayed the decision on the gag order and required both sides to submit briefs on three questions.

Broden contends that Judge Matt Johnson, in 54th District Court, issued the gag order, which Broden says was crafted by McLennan County District Attorney Abel Reyna just minutes before a bond reduction hearing in Johnson's court.

But in his brief Broden claims Johnson didn't have proper jurisdiction because there had been no indictment issued against Clendennen and Johnson stepped outside his jurisdictional boundary when he considered an issue outside the bond reduction question.

Broden appealed the issue to the 10th Court of Appeals, in Waco, asking that court to order Johnson to lift the gag order, which Broden says denies his client the Constitutionally guaranteed right to free speech.

The 10th Court did so but on appeal by the state to the Court of Appeals, those justices stayed the order and required the briefs on the issue.

It was not known Monday if Reyna had filed his brief on the issue and a telephone call to his office had not been returned by mid afternoon Monday.

"Every delay in lifting the gag order continues to deprive Mr. Clendennen of his free speech rights under Article 1, Section 8 of the Texas Constitution and the First Amendment to the United States Constitution and plays directly into the state's strategy of filling the public's mind with pictures of 'outlaw biker gangs' and misinformation, then demanding Mr. Clendennen's silence," Broden wrote in his brief.

In closing, Broden wrote: "The district court was not vested with the authority to enter a wholesale gag order completely unrelated to the bond conditions that were the only proper subject matter of its writ jurisdiction."

It was not clear Monday when the state court might reach a decision on the issue.

More: http://www.kwtx.com/ourtown/home/headlines/Waco--Lawyer-Files-New-Motion-Seeking-Removal-Of-Biker-Shooting-Gag-Order-327497461.html

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Outlaws Bikers News : BIKER NEWS: Waco: New Motion Seeks Removal Of Biker Shooting Gag Order
BIKER NEWS: Waco: New Motion Seeks Removal Of Biker Shooting Gag Order
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