Broden and Clendennen

Dallas attorney Clint Broden (left) looks to his client, Twin Peaks shootout defendant Matthew Clendennen, at a hearing in the McLennan County Courthouse earlier this year.

Staff photo — Rod Aydelotte, file

Alleging McLennan County District Attorney Abel Reyna “cannot handle the truth,” Dallas lawyer Clint Broden argued Saturday that a hearing and testimony from several prosecutors should go ahead Monday as scheduled.

In a filing late Friday, Reyna and prosecutors Michael Jarrett, Amanda Dillon, Sterling Harmon and Heather Nering argue the pretrial hearing in the case of Twin Peaks defendant Matthew Clendennen is an attempt to conduct depositions and that it falls outside the limited discovery allowed in criminal cases.

Reyna recused himself from Clendennen’s case last month after he was served with a subpoena to testify. In his request to be recused, Reyna stated his decision came because he had previously testified in a pretrial hearing for Clendennen, not because of the new subpoena.

Clendennen, of Hewitt, is charged with engaging in organized criminal activity in the May 17, 2015, shootout at the former Twin Peaks restaurant that left nine dead.

Broden’s motion Saturday states allegations that Reyna has made several prosecutorial decisions based on political motivations are relevant to Clendennen’s case.

“Any evidence that would support Mr. Clendennen’s belief that Reyna acted with political opportunism” is relevant to his case, according to the motion.

Broden declined comment Saturday, citing a gag order in Clendennen’s case. Reyna did not return a voicemail Saturday.

“The apparent purpose of the subpoenaed testimony is to explore in a public forum alleged previous ‘bad acts’ of the district attorney having no connection to the criminal case at hand,” Reyna’s motion states.

Broden previously filed a sworn affidavit from Reyna’s former first assistant, Greg Davis, in which Davis states Reyna had valid criminal cases dismissed for political gain. In the affidavit, Davis also states he met with an FBI agent in August 2014 and believes the FBI has an investigation of Reyna open.

Senior Judge Doug Shaver, of Houston, was appointed to oversee Clendennen’s case after 54th State District Judge Matt Johnson recused himself. Three Houston-area private attorneys have been appointed to prosecute the case.

It remains unclear when Clendennen could go to trial. The first trial resulting from the Twin Peaks shootout ended in a mistrial Nov. 10 after the jury was unable to return a verdict on any of the three counts against Jacob Carrizal.

Phillip has covered higher education for the Tribune-Herald since November 2015.

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