***Updated 9/21/17 to reflect mistake written by me regarding Michale/Sandra Lynch (see below).
Thanks to Hurricane Irma, I was without power for a week. When I log back into my computer and research the Waco Twin Peaks Shooting, I see a lot has happened while I was gone. Here is a quick summary.
Speedy Trial Motions/Recorded Conversations & Violations of Attorney-Client Privilege
- Matthew Clendennen, a member of the Scimitars MC, filed two important motions. The first one seeks to disqualify the District Attorney’s Office from prosecuting this case. Why? His attorney Clint Broden, is arguing the DA heard privileged communications. This became known through Discovery. Recorded phone calls at the jail were handed over to the D.A. Of course, the D.A.’s office denies hearing the tapes.
- A motion to dismiss for speedy trial was also filed but denied by Judge Matt Johnson. The prosecutors argued that delays were caused by the multiple appeals filed by Clendennen.
Good Bye Jurors
- 145 potential jurors were dismissed since they visited the court house three times previously and jury selection failed to take place. Judge Matt Johnson dismissed the jurors.
- The decision is a result of Carrizal’s case, the chapter president of the Bandidos M.C. In a bold move, the day jury selection was to begin, his attorney filed a motion for recusal. Judge Strother was ultimately recused from this case as well, which is to say a huge professional embarrassment since this is now four cases he has been recused from.
- Carrizal has since received a new trial date of October 9 and still seems to be the first one scheduled for trial.
Discovery/Evidence Issues in Carrizal’s Case
In a prior blog, I mentioned one issue was a bullet that could not be tied to a firearm. If that were the only thing.
- During the mass arrests, those present, including club members, were using their cell phones to take photos. There were 346 cell phones that were confiscated and evidence concerning 211 cell phones was provided. Another 42 cell phones were disposed of (whatever that means) or returned to its owners, but that still leaves 93 cell phones unaccounted for.
- Also, some cell phones had no records or photos on them, as if the phones were wiped clean. It would be interesting if an expert testifies to exactly that.
One Hand Has No Idea What the Other is Doing
Waco PD chose to keep the Texas Alcoholic Beverage Commission out of the loop. The question is why?
- Before the infamous massacre, Waco Police Department gang detective Jeff Rogers, sent an email warning of a potential for violence at the next gathering of the Confederation of Clubs and Independents.
- Two months earlier, the Texas Department of Public Safety warned of growing tensions between the Cossacks and Bandidos citing an incident in Lorena, Texas where ten members of the Cossacks attacked a Bandidos member with chains, a baton and a metal pipe. That same day in Palo Pinto County, Bandidos allegedly attacked a member of the Cossacks with a hammer.
- Michael Lynch, a member of Los Pirados, knew police officer Walt Strickland because as a plumber, he had done work on his home. Lynch texted Strickland of a “bad situation” about to occur at Twin Peaks Restaurant. Strickland apparently told the Waco police department who was told police were unaware of any problems. But, they had actually been performing surveillance long in advance.
- Sandra Lynch, Michael’s wife, confirmed the messages were sent by her husband. She was selling merchandise at Twin Peaks and actually approached members of the Cossacks, but she states that they spit on her, kicked her, and called her a c++++!
- ***Correction below-
- Michael and Sandra Lynch were arrested, however, it is unknown at this time whether the DA’s office will proceed with an indictment. Hopefully not, as like many, they are victims of the wide net cast by the D.A.’s office.
- **original statement incorrect in stating charges were dropped.
The Texas Alcoholic Beverage Commission
- Since it has become CYA time, the Texas Alcoholic Beverage Commission which is a law enforcement entity and who is apparently distancing themselves from Waco PD, in its internal notes stated that while they have worked with Waco Police Department before, this time they were kept out of the loop.
- Waco PD was working with the Texas Department of Public Safety, along with SWAT and undercover agents. Records even show contingency plans were in effect which included barricading mass suspects, hostage situations, and injuries of police officers and treatment at a nearby hospital.
Show Me the Money
Lawsuits have been filed against Twin Peaks, blaming management for lack of security protocals and the documents from the TABC seem to support that belief.
- Twin Peaks regularly hosted bike nights and the manager of Twin Peaks, Jinten Patel, admitted in an interview with the TABC that there was a “likelihood of violence at the location” but apparently, he was concerned with extra security measures and how it would affect business.
- Twin Peaks did hire three securities guards that never showed up for work.
- Patel apparently opposed the idea of pat downs and increased law enforcement presence at the restaurant.