Cody Ledbetter, whose stepfather was killed in the melee, had charges dismissed against him last month.
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On Wednesday, a judge in Waco also sided with him, granting a motion that the state "cease distributing the personal images" from his phone.
They were downloaded as part of the criminal investigation into the violence that killed nine bikers at the restaurant in Waco in May 2015.
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Ledbetter was among 177 bikers arrested and was charged with engaging in organized criminal activity.
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"These were pictures between a man and his wife that were never intended to be seen, except between the two of them," said Clay Conrad of Looney & Conrad, PC, who represents Ledbetter.
As part of discovery, the state gave them to everyone involved in the case.
Ledbetter's Houston attorneys say as many as a couple hundred people could have access to them. They have been fighting to get them back.
"This has inklings of revenge porn," said Conrad. "The state used no judgment in determining what was relevant and what wasn't, and as a result, has created a catastrophe. Our clients are hoping to get all this material deleted, erased, recalled as quickly as possible."
Conrad says he expects a judge to issue another order Thursday ordering all attorneys who may have received the photos and videos to delete any copies of the pictures they may have.
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