The city of Waco is seeking to quash a subpoena issued to the former Waco Twin Peaks franchise holder for video of the May 17 shootout that left nine bikers dead and 20 wounded.

Dallas attorney Clint Broden, who represents Matthew Alan Clendennen, a member of the Scimitars Motorcycle Club, obtained a subpoena after speaking with Patrick Keating, a Dallas attorney who represents the Twin Peaks franchisee.

Broden said he sought the video to help him prepare for an Aug. 10 examining trial set in Clendennen’s case in McLennan County Justice of the Peace W.H. “Pete” Peterson’s court.

The subpoena for the video was issued Monday. On Thursday, Assistant City Attorney Judith Benton filed a motion asking 54th State District Judge Matt Johnson to throw out the subpoena, saying Broden was trying to “circumvent the criminal discovery rules by seeking records in a criminal case from a nonparty.”

“It is troubling that the city of Waco would go to such lengths to suppress this video,” Broden said in a release Thursday. “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.”

Broden said Keating previously had agreed to accept service of the subpoena on behalf of his client and to produce the video in compliance with the subpoena by 9 a.m. Friday.

“It is important to note that this video is the sole property of the Waco Twin Peaks franchisee and does not belong to the city of Waco, the Waco police nor McLennan County,” Broden said.

Benton said Thursday she was contacted by Twin Peaks representatives about the subpoena, prompting her motion to quash.

Her motion claims Broden’s subpoena is contrary to the rules of discovery governing criminal cases.

“On its face, the subpoena at issue exceeds the scope of any legitimate purpose and is an obvious attempt to conduct pretrial discovery. Therefore, it should be quashed,” the motion says.

Broden says in a response to the city’s motion that the video would support Clendennen’s defense that he did not “participate in nor encourage any violence” at Twin Peaks.

“The video would therefore support Mr. Clendennen’s argument that there is no probable cause in his case and that he should not be held on restrictive bond conditions,” Broden’s motion argues.

No date had been set for a hearing on the motion to quash by the end of the day Thursday, though Broden said in an email that he and Keating planned to be in 54th State District Court on Friday morning.

The Tribune-Herald has filed a Public Information Act request seeking to obtain the video. The city of Waco has opposed that request, arguing that it is not subject to disclosure at this time because of the ongoing investigation.

The matter has been sent to the Texas Attorney General’s Office for a ruling.

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