A Twin Peaks shootout defense attorney claims a 2013 email from an FBI agent to local authorities proves McLennan County District Attorney Abel Reyna lied when he claimed last week he is not now, nor has ever been, under federal investigation.
Waco attorney Robert Callahan, who is representing biker William Chance Aikin, of Talco, released an email from FBI agent Dan Brust to Waco police detective Sherry Kingrey and two other local investigators sent in February 2013. In the email, Brust asks all three investigators about unspecified information regarding “the potential corruption,” and possible information confidential informants may have.
“It makes it clear that there was an investigation into public corruption by the FBI in 2013,” Callahan stated in an email. “One of the recipients of this email, former Waco PD officer Sherry Kingrey, has agreed to speak to the press and confirm that she is aware of the investigation against Reyna and that this email is addressing that investigation.”
Kingrey, who retired from Waco Police Department in March, verified that she had visited with Brust about information she had received, but declined via text message to elaborate on the information Monday. She said she forwarded “unverified information” to federal authorities.
The email release comes after Dallas attorney Clint Broden filed a motion Friday in the case of his client, Matthew Clendennen, of Hewitt, alleging Reyna is under federal investigation for selective prosecution for political gain. Callahan said Reyna’s office should not be prosecuting criminal trials if his office is under federal investigation.
Federal authorities on Friday would neither confirm nor deny if Reyna is the subject of a federal investigation.
Last week, Broden claimed he obtained “very credible information” indicating Reyna has been and continues to be under federal investigation.
In response to Broden’s claims, Reyna made a public online social media post Saturday afternoon, saying the federal investigation allegations are “ridiculous and untruthful.” He declined to make a statement to the Tribune-Herald last week and Monday. First Assistant District Attorney Michael Jarrett also declined to comment.
“Mr. Broden’s most recent ridiculous and untruthful allegation regarding a make-believe federal investigation, is proof that this saying is true,” Reyna said, in part, on the social media post. “It’s unfortunate that the same whisper campaign, carried out by the same individuals during my last re-election bid in 2014, has found a new ‘mouthpiece’ in Mr. Broden two weeks before his client is set for trial.
“The claim that I am aware of some federal investigation or that prosecutors in this office have been interviewed by the FBI is patently, 100 percent false.”
Callahan said Reyna’s statement to local media and Facebook post prompted him to release the email from Brust. He said the information verified that federal authorities were speaking with officials about Reyna’s alleged misconduct.
In connection to the alleged FBI probe into Reyna’s potential corruption, Broden issued subpoenas and “subpoenas duces tecum,” requiring a person named in the subpoena to produce certain books, papers, or other tangible things for the court. The subpoenas were issued for a Thursday hearing in Clendennen’s case, but the state has filed a motion for a continuance until after the trial of Jacob Carrizal is finished. Carrizal, the first biker to be prosecuted in the Twin Peaks shootout, is currently on trial in 54th State District Court. Reyna, Jarrett and Assistant District Attorney Amanda Dillon are prosecuting Carrizal.
Broden requested all documents, including emails, notes or any document produced in preparation with meetings with federal authorities in relation to any ongoing criminal investigation into Reyna. Those subpoenas included assistant district attorneys Jarrett, Dillon, Joseph Layman, former first assistant Greg Davis, Reyna’s former administrative assistant Julissa West, FBI agent Fred Rhea, Brust, and Kingrey.
Broden’s request for materials from Jarrett also included “any and all documents reflecting the purchase or maintenance of a ‘covert’ mobile telephone for the purpose of communicating with federal prosecutors and/or FBI investigators in relation to the federal criminal investigation regarding McLennan County District Attorney Abelino Reyna.”
Callahan said he will file similar motions to disqualify Reyna and assistant district attorneys. Broden’s motion also stated that assistant district attorneys have visited with federal investigators.
“I am going to be seeking the same type of relief,” Callahan said. “The district attorney’s office has no business prosecuting these cases.”