Author Topic: Wording of Twin Peaks dismissal motion may increase civil liability  (Read 662 times)

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Online Elderberry

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KWTX By Paul J. Gately May 03, 2018

The announcement that a special prosecutor is seeking formal dismissal of a Twin Peaks biker case for lack of probable cause may expose District Attorney Abel Reyna and McLennan County to additional civil liability.

On Monday Brian Roberts, the attorney appointed to prosecute Hewitt resident Matthew Alan Clendennen after Reyna withdrew from the case, filed a dismissal motion in which he said, “After reviewing all the facts, circumstances and evidence, it is the state’s position that no probable cause exists to believe the defendant committed the offense.”

The wording caught the attention of attorneys for others arrested after the May 17, 2015 shootout that left nine bikers dead and 20 more injured.

“I had several of my clients ask me (Wednesday) if (the district attorney) putting that language in the dismissal would have any effect on their cases, and the answer is yes,” Dallas attorney Don Tittle said in a telephone interview.

Tittle said to date there are more than 130 federal civil lawsuits filed naming Reyna, and others, and he is handling about 115 of them.

“The state can put anything they want to in a dismissal, even the moon is made of green cheese, and none of it has to be true,” Tittle said.

But the fact that Monday’s dismissal includes both the language about the lack of probable cause and the fact that the dismissal is sought “with prejudice” is significant.

“With prejudice” means the case cannot be refiled and the defendant cannot be re-charged, Tittle said.

“I think it is very relevant and this can have a significant impact in (the Clendennen) case and maybe in others.”

More: http://www.kwtx.com/content/news/Wording-of-Twin-Peaks-dismissal-motion-may-increase-civil-liability--481647821.html