Peremptory challenges require no justification and reflect an attorney's instincts, hunches or suspicions about prospective jurors who cannot be challenged for cause. [1] For example, see facts in United States v. Barger, 931 F.2d 359 (6th Cir.1991). You're all set! The prosecutor believes that the HAMC was responsible for the mailing. GARRIGAN, being duly sworn, deposes and says: I am an Assistant United States Attorney for the District of New Hampshire. #ThisIsThePlace, High School Job Shadowing Program/Senior Projects, Azalea Festival Carly Pearce Ticket Giveaway, Azalea Festival Old Crow Medicine Show Ticket Giveaway, Senate Bill 317 and what it could mean for affordable workforce housing, North Carolina Democrat switches parties giving Republicans veto-proof supermajority in state House, Cardinal Lanes Shipyard closing after decades of bowling, Brunswick County native serving at U.S. Navy Helicopter Squadron.
Sonny Barger, then President of the Oakland Chapter, and Sandy Alexander, President of the New York Chapter, were both present. Copyright 2023 WTVD-TV. The group's San Francisco chapter - or "Frisco," as its members call it - is the second-oldest Hells Angels club in the country, after Fontana in San Bernardino County. The court then addressed certain questions submitted by the parties to individual jurors, including their county of residence and length of time in the community. I was a member of the Hell's Angels Motorcycle Club ("HAMC") between 1979 and 1989 and was associated with the Winston-Salem, North Carolina chapter.
I had worked with Ms. Bennett in the past, and among the techniques which we decided to utilize for the Shission trial was to dispatch teams out into the field to develop profiles of the homes and neighborhoods where each of the prospective jurors resided. What you need to know during honey bee swarm season. The following information is based upon my interviews and discussions with various knowledgeable law enforcement personnel across the country. Those affidavits (appended hereto at A and incorporated herein) described specific alleged acts of violence and intimidation by the HAMC intended to interfere with the judicial process, including the murder of a witness and her two small children[2] and the attempted murder of law enforcement officers. The type of witness who testifies about any kind of activity criminal activity that a member of the Hell's Angels may be involved in or may have committed over a period of time, whatever, somebody who has witnessed a particular Hell's Angel committing a particular crime, who's been a part of the drug distribution network where the Hell's Angels participate. (S/A Crowley advised the affiant that the statement was to the effect, "We know you're the rat and you're going to pay."). 1991) (and cases cited therein); United States v. Scarfo, 850 F.2d 1015, 1021-26 (3d Cir. Which are in danger? What are the names of God in various Kenyan tribes? Upon information and belief, in or about July 1977, Margo Compton testified on behalf of the prosecution in a California state criminal prosecution against the HAMC.
On February 12, 1992, during a hearing on the Government's conflict of interest motion before Judge Stahl in Courtroom 2, defendants George Caruso and David Beaton appeared and testified while wearing full HAMC "colors. 371 (1992). The man reentered the van and Blake backed his car away and fled.
We live, work and play right here in the Cape Fear. As Deputy Zerbe entered his car, a bomb was detonated by remote control.
denied, [474 U.S. 841] 106 S. Ct. 124, 125 [88 L. Ed. Franks v. Delaware, 438 U.S. at 171 [98 S. Ct. at 2684]. ", "His friends loved him," said the attorney, Patrick Ciocca. The patron fled the bar, authorities said. Guardado bumped a bar patron, who was not a member of a motorcycle gang. The son of one juror was approached by a member in a bar and was told that his mother would have "lots of problems" if she returned a verdict of guilty. 5. He is presently in hiding in another part of the country. Three others were injured in the shooting and were being treated at the hospital, police said. 3:89CR0720), the Government filed a motion for anonymous jury and for rules governing the conduct of spectators. [3] Attorneys for the Hells Angels disavowed any knowledge of the threat. "We can't determine any motive - it was just what they do," Stephenson said.
The government's motion in that regard was attached as "Exhibit E" to the Garrigan Affidavit in Pasciuti. A fifth person was arrested Tuesday in the investigation. Also during the trial, the son of one juror was approached in a bar and was told that if his mother returned a verdict of guilty she would have "lots of problems". Detective Nicholas Barone of the Connecticut State Police testified as an expert witness on the HAMC at the detention hearing held in this case on October 15, 1991. In similar situations, numerous courts have utilized anonymous juries in order to protect the integrity of the judicial process. Also, Paul Vauchelet, aka "Tattoo Paul", a member of the San Diego Chapter of the Hells Angels, was assigned by the club to work with the bondsman in an attempt to locate Mr. Provau, so he could be killed by the club. Marshals Service's independent assessment and opinion. Why did the Osage Indians live in the great plains? Courtois held on December 12, 1991 in Courtroom 2, he approached an individual believed to be Ronald Alward. Nothing appeared to have been taken. The following summary from my experiences in selecting jurors for criminal trials of HAMC members over the past 15 years, in cases from Vermont to Nebraska, and from Ohio to California, may hopefully prove to be of some assistance to the court in this case: 20. In your opinion what efforts would be made to find out? However, notes by the Blakes referring to their grand jury appearance in Concord were in plain view. 18 U.S.C.App. In October of 1982, Jack Gentry, a member of the Cleveland, Ohio Chapter of the Hells Angels was tried in Ohio for the murder of a rival motorcycle club member. When jurors are exposed to prying into their personal affairs, with the potential of intimidation, it is only logical to expect that the incident will distort and distract the quality of attention needed for a trier of fact to function properly. Three men are dead and three people were injured after a shooting at a North Carolina hotel that involved multiple biker gangs, police said. at 1050. Q. CLYDE R.W. [1] The Court of Appeals for the First Circuit did tangentially touch on this issue in the case of In re Globe Newspaper Co., 920 F.2d 88 (1st Cir. I respectfully submit this Affidavit in Support of the Government's Motion for an Anonymous Jury and Motion to Impose Rules Governing Spectators at Trial. In addition, other memorabilia is allegedly being sold to rally support for the HAMC and the members and associates under indictment in the present case. slogans on car bumper stickers, political signs on the property, signs indicating participation in law enforcement neighborhood activities such as "crime watch").
At Mr. Shission's Summit County trial, publicity was so pervasive that on the Monday when jury selection had been scheduled to begin, Judge Murphy dismissed the entire "special" panel, each member of which had been personally summoned to appear by a deputy sheriff, in keeping with Ohio procedures for aggravated murder cases. After meeting with investigators, Gaylen Blake agreed to cooperate in the investigation and testify regarding his knowledge of methamphetamine distribution by Charles "Doc" Pasciuti and others. The person who contacted the juror's son described the juror and what she wore to court that day. 7. In recent years, Jaxon has explored the circumstances behind the explosion and fire of Pacific Gas and Electric Co.'sSan Bruno gas pipeline inSeptember 2010, which killed eight people and destroyed 38 homes. The FBI has had no role in the investigation of the present case, although it has been involved in the investigation of the criminal activity of other Hells Angels members in other parts of the country. There are hundreds, if not thousands, of people who are going to miss him dearly.". 9.
Upon information and belief, a number of Hells Angels trials have been conducted with anonymous juries, one as recently as 1986 in the Northern District of New York before Judge Munson. In 2010, 19 members were arrested in New York for plotting to kill Hells Angels with homemade grenades. Nearby, others wrote "never forget" and "we will always love you." Things a buzzing! I am a member of the bar of the Commonwealth of Massachusetts, of United States District Courts for the Districts of Massachusetts, Northern District of Ohio and Northern District of California, and of the United States Courts of Appeals for the First, Second, Fifth, Sixth, Eighth, Ninth, Tenth and Eleventh Circuits. Q: Who killed hells angels Winston Salem nc president Dwight sluder in 2009? During the recent trial of George Christi, President of the Ventura, California HAMC chapter, the court permitted members of the HAMC to enter the courtroom wearing their "colors." At the time she began cooperating, she was in extreme fear that she would be harmed by the HAMC as a result of her personal knowledge of criminal activity. WebOakland Hells Angels chapter vice-president Michael O'Farrell was killed after being stabbed in the neck, chest and back, and shot four times from behind at a San Leandro bar on June 6, 1989. In Paccione, the court opined: 949 F.2d at 1192 (citations omitted). If an HAMC member cooperates, the club will circulate photos of the individual *507 as a "wanted" poster among all HAMC chapters and other outlaw motorcycle associated with the HAMC. That's the way they look at things. See Order dated June 17, 1992, Docket Document No. Investigators said in September that there were no signs of forced entry, no signs of a robbery and no signs of a struggle. H-8550, involving a $7 + Million Wells Fargo robbery by a radical organization. WebHELLS ANGELS, HAMC, and the Death Heads (winged skull logos) are trademarks owned by Hells Angels Motorcycle Corporation, registered and/or applications pending Any violation of this specific disposition will be severely sanctioned. In 1987, in the cases of United States of America v. Paul Francis Casey a/k/a "K.C." Under such circumstances the district court's conclusion as to the affiant's credibility is reviewed under a clearly erroneous standard. And, while such fear may not permeate all of the jurors, it need only affect one to achieve the desired result. ); United States v. Tutino, 883 F.2d 1125 (2d Cir.1989); United States v. Scarfo, 850 F.2d 1015 (3d Cr. Both David and Larry Machado are now federally protected witnesses. For years, there has been They subsequently entered the U.S.
We have also carried out an independent day-to-day analysis of the mentioned risks from day one of our present assignment. It depends. WINSTON-SALEM The daughter of a Hell's Angels member found murdered at a home on Baux Mountain Road last July was one of five people arrested
"They had a wrestling match first," said Lt. Mike Stasko of the San Francisco police homicide detail. 1144] (D.D.C.
Search warrants were issued for the residences of Johnson and *511 Peters. 2. 4. Preliminary investigations point to a person with criminal record who poses as an investigator. A. Before: MARTIN, GUY, and NELSON, Circuit Judges. A family history was also elicited as well as information concerning each juror's occupation, educational background, and membership in organized groups. at 93.
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That's generally what they want to do. The trial began in September, 1985, and concluded in January, 1986 with all but two defendants found guilty. The Government further requests that this Court issue an order governing the conduct of spectators at the trial herein so as to minimize any possible intimidation of witnesses and/or jurors. In November 1976, then Deputy District Attorney J. Leslie Duchnick received confidential information from a local defense attorney that members of the Hells Angels wanted to kill Mr. Duchnick. [2] Finally, the prosecution suggests that defendants' right to a fair trial will also be protected through the use of an anonymous jury in that those individuals or groups in conflict with HAMC may seek to encourage a guilty verdict through juror harassment or intimidation. I have reviewed a report by Westford (Massachusetts) Police Department Patrolman Hervey P. Cote. While the subject matter of the trials is not relevant to this motion, the conduct and tactics employed by the Hells Angels should be viewed with grave concern by anyone interested in the fair administration of justice. BATF Special Agent Thomas Crowley provided the following information regarding government witness Gaylen Blake: On June 15, 1990, Gaylen Blake, former President of the Crazy Eights Motorcycle Club (CEMC) and his wife, Janet, were residing in a town in the southern section of the United States. The argument may well be advanced that no events have thus far occurred in this case which would give rise to the degree of concern expressed by the government. You can explore additional available newsletters here. Rush in the beach area. submission: { Donald Dillenbeck, 49, of Vestal, New York, was also taken to the hospital and later died. See United States v. Panzardi-Alvarez,678 F. Supp. 11. map: false, Rush was also convicted of assault with a deadly weapon. *510 3. Mr. Morgan retired from law enforcement. S/A Thomas Crowley provided the following information regarding government witnesses David Machado and Larry Machado: Both David and Larry Machado (who are unrelated) were formerly associated with the CEMC and defendants in the present case. Joseph Lancia, the president of the Rhode Island chapter of the Hells Angels, rejected a plea deal from prosecutors on Thursday that would have sent him to prison for five years.
675. Also, according to the prosecution, HAMC members have a long history of intimidating witnesses, intimidating jurors, and interfering with the judicial process and have, in fact, attempted to intimidate and threaten with violence government witnesses in the present case. "They were tearing each other up," said Robert Hamilton. 5. These types of witnesses are the ones I'm referring to. The immediate cause of the court's action was the publication in the Akron Beacon-Journal of an extensive article in its Sunday edition, which included statements of law enforcement personnel as to Mr. Shission's guilt, details of the prosecution's theory of the case, several highly *558 inflammatory references to alleged past activities of HAMC members, personal information about Mr. Shission's wealth, and other matters which were wholly unrelated to the charges at issue. Barry testified that following "Doc" Pasciuti's conviction in Massachusetts for the brutal beating of Joseph Myrozek in March 1980, Barry met with "Doc" Pasciuti in prison. Investigators have said they think Sluder's killer knew him and could have been a business acquaintance or a member of a rival gang. Aug. 5, 1988). The club was afraid that Mr. Provau, if apprehended, would cooperate with law enforcement officers rather than go to prison where he would be killed because of his transgressions against the club. Q. I think you said earlier that you didn't know whether or not or you thought that whether or not the defendants were incarcerated, they still could direct others to do things for them from jail; isn't that correct?
Barnes, at 135. This Court also has the inherent supervisory authority to conduct its courtroom proceedings in a manner that is conducive to the due administration of justice. VII. Q. In addition, the HAMC has been in conflict with the Outlaws Motorcycle Club (another international motorcycle gang) since the mid-1970's when HAMC Lowell Chapter members were allegedly murdered by Outlaws in Florida. A. 2d 227] (1988); United States v. Ferguson, 758 F.2d 843 (2d Cir. evvnt_require("evvnt/discovery_plugin").init({ 16. Both Mr. Deputy Zerbe received severe injuries to his back, legs, and ears. II 1202(a) (1). George Christie was born in the United States.
In late 1982, law enforcement officers received information that the Cleveland, Ohio Chapter of the Hells Angels had issued a "contract" for the murder of a Cleveland Alcohol, Tobacco, and Firearms agent, who had been involved in the investigation of several murders committed by members of the club. Barnes was a narcotics prosecution trial in the Southern District of New York. A fifth person was arrested Tuesday in the investigation.
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