Dallas attorney Clint Broden believes McLennan County District Attorney Abel Reyna has violated a gag order issued Monday and should be held in contempt of court, according to a motion Broden filed Tuesday.
Broden represents Matthew Clendennen, of Hewitt, the second defendant scheduled to go to trial in the 2015 Twin Peaks biker shootout.
Broden filed a motion Tuesday asking the court to show why Reyna should not be held in contempt for violating a gag order Senior Judge Doug Shaver, of Houston, issued Monday, barring communication with media outlets regarding Clendennen’s case, which is scheduled to go to trial Nov. 6. The filing states Shaver issued an oral gag order at about noon Monday.
In the filing, Broden says Reyna continues to violate the court’s order by making comments to members of the media and keeping a Facebook post up responding to Broden’s previous claim that Reyna is under FBI investigation.
“It makes a mockery of the ‘gag order,’ an order requested by Reyna’s office, for Reyna to simply post statements to his Facebook page and give the press access to the page so contents of the statement can then be reported in the press,” Broden states in the motion.
Broden also alleges Reyna violated the gag order in comments to local TV stations after 5 p.m. Monday, when Reyna had left the trial of Jacob Carrizal for the day. Carrizal’s trial, the first in the Twin Peaks shootout, is ongoing.
Clendennen, a former member of the Scimitars group, is one of 154 men indicted in the May 17, 2015, shootout that left nine dead and more than a dozen injured. He is scheduled to go to trial Nov. 6, although prosecutors have requested a continuance.
Broden is fighting against the delay, saying his client’s right to a speedy trial has already been violated.
In a second motion filed Tuesday, Broden requests the court impose sanctions against Reyna’s first assistant, Michael Jarrett. The filing states Jarrett was ordered to produce a “realistic” witness list to the defense at least 20 days before trial, but Broden states he was not given any kind of witness list on or before Sept. 17.