WACO, Texas (KWTX) A Twin Peaks defense lawyer says a recording of a conversation with lawyer at the Texas Attorney General’s Office proves local prosecutors are being underhanded in dealing with defendants, and suggests the DA is "delusional".
Dallas lawyer Clinton F. Broden, who represents Burton George Bergman, one of the 154 bikers indicted in the Twin Peaks shooting cases, filed a motion in district court in Waco Friday entitled Motion to Determine Scope of Withheld Discovery that seeks to prove that District Attorney Abel Reyna has intentionally not provided information to defense that they, by law, are entitled to regarding their cases.
Reyna spoke with KWTX by telephone Friday and bluntly refuted the document's claims saying the attorney general's office "does not believe we are withholding evidence."
The opening of the motion reads: "Mr. Bergman is in possession of a recording in which the Attorney General's liaison to the McLennan County District Attorney's Office in this case, Christopher Lindsey, repeatedly admits that the McLennan County District Attorney's office has been withholding evidence in the Twin Peaks' cases and ignoring its constitutional obligations."
In a statement released Friday afternoon, Reyna said: “Mr. Lindsey approached me about a month ago about his comments in this conversation and apologetically explained to me the context and reasoning behind his statements.
“I can assure you that the district attorney’s office and the attorney general’s office are on the same page in this matter,” Reyna wrote.
The recording, a copy of which accompanied the motion sent to KWTX, is said to be of a conversation between Lindsey and Houston defense attorney Cassie Gotro, who represents Christopher Jacob Carrizal, the leader of the Dallas Bandidos motorcycle club and who was the first of the accused Twin Peaks shooting defendants to go on trial.
After a four-week trial in 54th District Court, under what county authorities now admit were far too drastic security measures, Judge Matt Johnson was forced to declare a mistrial after the jury could not reach a unanimous decision.
Gotro does not represent Bergman.
Carrizal's retrial is set for April.
In more detail the motion reads: "The McLennan County District Attorney's Office is engaging in "double dealing" and "hiding things" in relation to the Twin Peaks' discovery.
"The McLennan County District Attorney's Office "are not assuming their responsibilities" in relation to the Twin Peaks' discovery.
"The Twin Peaks' cases will "crater," the motion reads.
"He (Lindsey), referring to the McLennan County District Attorney, asks the rhetorical question, "You can't trust your local prosecutor?" He then answers himself, "not in this case. Not even a little bit."
KWTX reached out to the attorney general's office on Friday to speak with Lindsey about whether those statements could be attributed to him but neither he nor a spokesperson has yet responded.
But on the five-minute recording, one of the men identifies himself as Christopher Lindsey.
"In sum, the Attorney General's Office clearly appears to believe that the McLennan County District Attorney's Office is 'not assuming their responsibilities' in relation to the Twin Peaks' discovery, and 'hiding things' related to the discovery and also appears to believe that the elected District Attorney is being 'delusional' with his understanding of his discovery obligations and cannot be 'trust[ed],'" Broden wrote.
Reyna said Friday by telephone the entire issue is misunderstood.
"He (Lindsey) was trying to get information from her and he was telling her what he thought she wanted to hear," Reyna said.
"He doesn't really believe any of those things," Reyna said.
Bergman is scheduled for trial on Jan. 22 in 54th State District Court.