F. Clinton Broden, who represents Matthew Alan Clendennen, sent a press release late Thursday stating that the City of Waco moved to quash or block the subpoena. According to the release, the subpoena was served on Patrick Keating, an attorney with Haynes & Boone in Dallas and the attorney for the Waco Twin Peaks franchisee. Mr. Keating had previously agreed to accept service of the subpoena on behalf of his client and to produce the video in compliance with the subpoena by 9:00 am on June 26, 2015.
The City of Waco moved to quash the subpoena Thursday afternoon, the reason given in the motion, in part, was "release of the information would interfere with the investigation."
According to Broden's press release, the only party that can move to quash a subpoena is the party to whom the subpoena is issued, in this case the Waco Twin Peaks franchisee.
“It is troubling that the City of Waco would go to such lengths to suppress this video,” said Broden. “The Waco Police have repeatedly given the public contradictory information about the events at Twin Peaks and have said that the video will support its current version of the facts, yet they have now taken this extraordinary measure to interfere with the subpoena process,” he added.
Broden said if, and when he gets the video, he will make it public.
Broden said they needed the video to show there was no probable cause to arrest his client for the shooting, and they're hoping to loosen Clendennen's bond conditions at a hearing August 10th. He said lawyers for Twin Peaks said the video corroborates Clendennen's story that he had nothing to do with the incident.
Broden said he would be at the courthouse in downtown Waco Friday morning, along with lawyers for Twin Peaks, to either get a copy of their video as promised, or to have hearing on the City of Waco's motion to quash the subpoena for the footage.
KCEN tried reaching the City of Waco's attorney Thursday evening, but it was after hours.
Waco Police issued a separate press release Thursday stating they would not be releasing any additional details about what happened in the months leading up to the shootings between the two biker gangs, the Bandidos and Cossacks, allegedly involved in the shootings.
The press release also stated that Waco Police detectives have been completing search warrants for the cell phones that were confiscated in the incident.