Waco

Judge Rules Police Can't Block Defense Lawyer from Seeing Waco Motorcycle Club Massacre Video Footage

But evidence of what really happened in that shootout will still be kept secret from the public

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Great news of an at least partial crack in the wall of obfuscation the Waco police have built around what actually happened that day last month when nine people were killed and 18 wounded by gunfire at a political meeting of biker clubs at the Twin Peaks restaurant.

I reported last week that the police tried to quash a subpoena (sent to someone else!) that would have called forth restaurant videos to help Matthew Clendennen in his defense against criminal charges and in his lawsuit essentially for false imprisonment, as he was one of 177 people arrested willy-nilly on a blanket charge of "engaging in organized criminal activity."

Today local TV KCEN reports:

The Twin Peaks surveillance video will not be shared to the public. Judge Matt Johnson said Tuesday morning that he will allow the defense to view video but a protective order will be placed on it. Johnson went on to say that the video cannot be viewed by the public in any way, shape or form.

The city of Waco was in court on Tuesday morning to fight the release of the surveillance video. 

During the hearing, it was argued that the video should not be released due to the potential interference during the Waco Police Department's investigation. 

Matthew Clendennen's Attorney Clint Broden argued that he needed the video for his case. 

Judge Johnson entered a gag order in the case, which will limit only the defense and state attorneys from discussing the case in the media. 

More from local TV KXXV, including that Broden plans to appeal the gag order regarding the video.

Those hoping for justice in this case clearly need to pray for leaks. That the police in this case are trying to hide possible evidence of their own misconduct is a presumption that only they can dispel, and they don't seem eager to do so for some reason. My detailed account on all the strange things about the incident and the way the police have dealt with it.

NEXT: DOJ to Announce It Has Eyes, Could See Disastrous Police Response to Ferguson Shooting

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  1. Gosh, the police are trying to hide anything that looks like evidence from the public, and then wonder why they look completely mendacious? How could this be?!?

    1. Because in the Police Academy, they rigorously test for intelligence, and only the bottom 1% are allowed to advance to administration.

    2. You don’t need no stinking video.

  2. Johnson went on to say that the video cannot be viewed by the public in any way, shape or form.

    Why?

    …the video should not be released due to the potential interference during the Waco Police Department’s investigation.

    How?

    1. Why?

      Best guess: It proves the arrests were unjustifiable by any reasonable standard of law.

      How?

      Best guess: Since reasonable standard of law has nothing to do with law enforcement and prosecutor priorities, they’re concerned the general; public might cotton on to the extent of the problem and act accordingly.

    2. This is just begging for crowdsourcing. Thousands of eyes will find all sorts of stuff that the “experts” miss, intentionally or otherwise.

  3. Despite this, I still get Facebook comments from people obsessed with the idea that the bikers in this case were treated easy because they were white. Rather, they were rounded up and put on ridiculous bail just like the mass arrests in Baltimore, except the people in Baltimore got released thanks partially to more media attention.

    1. So wait….the people arrested in Baltimore were BETTER off than the whites arrested in Waco?

      But how could this be, since we know that whites are always given advantages and treated better than minorities in every situation by everyone?

      1. Anyone in Baltimore held on $1 million bond? There you go.

  4. I repeat, the very concept of a “gag order” is un-American.

    How a trial judge has the authority to declare that video will not be released to the public is beyond me. The trial judge’s authority ought to be limited to what does and doesn’t get admitted as evidence to the trial.

    1. A judge’s authority is limited largely by the willingness of higher ranking judges to overturn him. See how that works?

      1. A judge’s authority is limited largely by the willingness of higher ranking judges to overturn him. See how that works?

        Or, alternatively, the willingness of the public to tolerate the judge.
        (I seem to recall Revolutionary War era judges being tarred, feathered, and run out of town.)

        1. Did they gag them first?

          1. *This is just a gag. I would never suggest anyone ever be gagged. As a matter of fact, the whole gag thing makes me want to gag.

    2. You know who else tried to impose a gag order?

      1. Ron Jeremy?

  5. Good. But the protective order is unjustified and should be overturned.

  6. What is that thing the law-n-order folks keep saying?

    Oh, yeah.

    “If you don’t have anything to hide…”

    1. Blue Privilege.

  7. Judge issued gag order in suit…today they asked to withdraw it. Looks like they will be able to say anything they want in a few hours!!!

  8. The police are here to preserve disorder.

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