[I CC':'! ~ R COURT OF INQUIRY 203rd01 STRICT COURT DALLAS COUNW, TEXAS -. "' Aff ldayit PURSUANTO TEX. CODE CR~!. P. ARTICLE 52.0J I, F. Clinton Broden, bemgl8 years of age or older, and com~ten t to &e\c this ;, affidavit state: I. I am an anomc licensed in the Slate of Texas. I am also licensed to practice law in the Slate of California and the Distric:t of Columbia In addition, I am admincd to prac:t1cc before the Umtcd States Supreme Court; the United States Couns of Appeals for the Third Circuit, Fifth Circuit, the Sixth Circuit and the Eleventh Circuit; and the L:nitcd States District Courts for the Southern District of California. the Central District of California. the Eastern District of lexas. the Southern Otstric:t of Texas, the Northern District of Texas and the Western District of Texas. 2. Based upon my research, l have determined that the Texas Court of Inquiry procedure has been availed ofin cases of wide public interest.... ~ In re }.fcc/elland, 260 F. Supp. 182, 184 (S D. Tex. 1966. Couns of inquit' arc u,ually called to dctomline "'hethor there is probable cause to believe that a crime has been committed by o public official.' 'Stt,, R Ex pofl Smith, 383 S W.2d 401,402 (T«Cnm App. 1965(Pfflaini"I: 10 coun of inqllll called to in,clbgme "Mlhcr cny official"" illegally wuna kickbacks: In re Court of Inquiry, 148 S.W.Jd 554. 555 (Tex. App. El Paso 2004 (Addrnsinacourt of inquiry called to see if two police offi.m a.saultcd "oman; In r, Co1111>/ h1qu1r,. 326 S.W.3d ln, Jn-73 (Tex. App. Te,arkana 2010, orig. proceedin(i (Rcp,d1na court of inquiry held 10 determine wbethn p,osecuior fnwdulend> altered lndi,~ J; Tua, D,p~ o/tromp. v. \/urq11<:, 885 S W.2d 456. 457 (Tex. App.-tl Pa,o 1994, no pet. (Addttssingcoun of inquiry called io clcterm,ne whether public servants bad illeaally funded state P<Ol1'lffi" in dijcrudu>a!ory 1
3. I was present at and have also subsequently reviewed the testimony made under oath by Abelino Reyna and Manue l Chavez in State of Texas v. Matthew Alan Clendennen and State of Texas v. Ray Nelson (44<ll Dist. McLennan County, Texas at a hearing held on August 8, 2016. In particu lar, l have reviewed the following testimony ( emphasis added: Abelino Reyna: Q. Prior to the affidavit being given to Mr. Chavez or Detective Chavez to sign, did you allow him to have any input? A. Absolutely. Absolutely. And a lot of the input -- that's what I was telling you about the hole from communication. There was a gap in communication between what was going on at Twin Peaks and what was going on at the convention center. And I remember getting the affidavit and it was, I believe, a draft somewhat of it. And I remember the draft made its way to t-1anny Diaz -- I mean, Manny Chavez. And Manny said something like -- to the effect of, this looks good. But I, at that point in time, I cautioned him and told him, Afanny, you need to read every single line and word in this affidavit and if you cannot swear to it, then you need to go back out there and get on the phone and call the people at Twin Peaks and make for sure that you can swear 10 everything in 1his affidavit. And I -- I told him that and I stressed it 10 him. And he says, no, okay. I will. And I said, that's a draft. We're working on it. You better make sure tlu:11 you can swear to everything in that affidavit. And you need to go manner; A1cClellcmd, 260 F. Supp. at I 83 (S.D. Tex. 1966 (Discussing court of inquiry!hat was held to detenuine whethe.r lhere was probable cause to believe that probate court j udge had been stealing from estates administered through his court. 2
* *.. * back out there and talk to the people at Twin Peaks. You need 10 talk 10 the people that had the in/el leading up to it, ihe people that were - that were sirting out there watching these g11ys try to kill each other. You need 10 know eve,y single bit of it. And he said, I will, I will. Q. But just -- and! th ink you were fairly, but I j ust want to make sure [ understand it.!i's your cestimony that [Detective Chavez] was allowed to review a affidavit before being given the final affidavit to sign? A. They had written an affidavit.... And so, he had that draft or he was right there and!j ust remember him making the comment or saying something to the effect of, looks good to me or it's good or something. And flu.it's when J backed up and said, that's not going to work. We you need to make sure that you can swear to eve1ything when this affidavit is complete. Manuel Cbavrz: Q. Okay. Did you read over a draft or a final copy? A. It was the final copy. Q. And do you ever recall Mr. Reyna saying words 10 the effect, now, Mr. Chavez, you need to make sure that everything in here is true and I need you to call people and make sure it's true before you sign your name because you're signing your name? Did any conversation like that take place? A. l never spoke 10 Mr. Reyna that night. 4. The above testimony was g iven at a hearing related to the "Twin 3
Peaks incident" occurring in Waco, Texas on May 17, 2015. That case involved the arrest of 177 people including several people from this county. That incident is a matter of public interest. Abelino Reyna is the elected district attorney of McLenna n County and Manuel Chavez is a Waco police detective. Both Reyna and Chavez are public officials. 5. The crimes of perjury and aggravated perjury are "crimes against the laws of this stale." Tex. Penal Code 37.02, 37.03. I firmly believe that "perjury strikes at the heart of the integr ity of the j udicial system... ", United States v. Kiszewski, 877 F.2d 210,214 (2d Cir. 1989. This is especially true if the perjury is committed by a public official committe d to uphold ing the law. 6. Based upon my review o f the testimony of Reyna and Chavez, I conclude that there is probable cause to believe lhat one or the other has committed perjury and/or aggravated perjury against the laws of this state. Indeed, the testimony of Reyna and Chavez appear to be in complete contradiction. 7. I therefore request that a Coun oflnquiry be commenced in order to determine if the offense of perjury and/or aggravated perjury was committed by Abelino Reyna or Manuel Chavez during their testimony in State of Texas v. i\latthew Alan Clendennen and State of Texas v. Ray Nelson ( 44" Dist. McLennan County, Texas at a hearing held on August 8, 20 I 6. 8. I have read the above Affidavit consisting of four pages and one signature page, wh.ich, based on my personal knowledge, is true and correct. 4
F. Clinton Broden STATE OF TEXAS COUNTY OF DALLAS 2017. SUBSCRTBEO AND S\VORN TO BEFORE ME on this 4th day of October, NATAt.V MA.RllNfl No r.'11'' 10 f 1294501'0 M' Comm!JSion x1h1 1 Junt1,l0 l\ 5