[6] When presented with the need for precautions such as exists here, the district court must act before the jury is selected. Defendant, Richard Frazier, entered a Fed.R.Crim.P. Stoker said he saw the 37-year-old Dickey on Saturday morning as he was leaving to ride his motorcycle. He had been involved in arresting several members of the Hells Angels, and he had testified against club members on several occasions. 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. publisher_id: "7056", 428 (PNL) (S.D.N.Y. "We are disappointed that he will not have a chance to clear his name," he said. The investigation into Dwight Sluder's death remains open. Q. Detective Barone, do you make a distinction between the term between witnesses who provide information inculpating Hell's Angels members or associates and witnesses who provide testimony that's harmless or amounts to nothing? Which contains more carcinogens luncheon meats or grilled meats? Pasciuti told S/A Barry that "the only mistake he [Pasciuti] made was not finishing Mrozek (sp) off." 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.
Roviaro v. United States,353 U.S. 53, 62 [77 S. Ct. 623, 628, 1 L. Ed. The motion for reconsideration, although filed twenty-seven days after the agreed deadline and almost four months after the filing of the government's first motion, has been considered by the court. While some defense attorneys believe that such information is necessary to enable them to perform pre voir dire investigations of the jurors, the Second Circuit determined that the right of jurors to serve without fear outweighed any advantage of such investigations. These shirts refer to defendants and HAMC members Charles "Doc" Pasciuti and Charles "Chuckie" Casella. These were attached to the Garrigan Affidavit as "Exhibits A-E", inclusive. A. [2] Franks v. Delaware,438 U.S. 154 [98 S. Ct. 2674, 57 L. Ed. I respectfully *509 submit this affidavit in support of the Government's motion for the impanelment of an anonymous jury with appropriate safeguards. David Vicinanzo and Clyde R.W. ``Tiny' Blackwell, Durham 11. He previously reported on law enforcement for newspapers in Los Angeles and Denver. We have also carried out an independent day-to-day analysis of the mentioned risks from day one of our present assignment. Mr. Tardiff is presently a federally protected witness. Since 1982, members of the Hell's Angels have been defendants in a number of trials in various courts in Northeast Ohio. That same evening, a suspicious car was observed driving up and down a street in Akron where prospective jurors lived. In Globe Newspaper, the appellate court directed the district court to turn over to a newspaper a list of names and addresses of jurors who participated in a criminal trial. It is respectfully requested that relief be granted in accordance with the views expressed herein. The man reentered the van and Blake backed his car away and fled. First, the government argues that all of the defendants are present, former or prospective members of or closely associated with the Hell's Angels Motorcycle Club ("HAMC"), an organization with a reputation for violence and organized criminal activity. In that process, the district court called 150 prospective jurors, assigning each a number. In a currently ongoing federal court case in the Middle District of North Carolina, the government is also requesting an anonymous jury. Her husband, Leslie, a Hells Angel, was killed during an argument outside a Hells Angels' party in Omaha in the summer of 1980. (United States District Court, Northeastern District of Ohio, Eastern Division, Case No. Dodge. Guardado had an assault conviction in Massachusetts and served prison time there in the 1990s, but had no significant criminal record in California. A. We're the most trusted source for way more local news. "They were tearing each other up," said Robert Hamilton. Again, Hells Angels from various parts of the country were present, displaying their colors and constantly maintaining a large presence in the courtroom.[4]. The affiant has personally observed color wearing members and prospects of the HAMC attending nearly all the public hearings to date in the present case. Do you mean the local chapter or something broader than that? Three men are dead and three people were injured after a shooting at a North Carolina hotel that involved multiple biker gangs, police said. denied, 488 U.S. 910, 109 S. Ct. 263, 102 L. Ed. You're all set! United States v. Scarfo, supra at 1022. Medeiros believes that the HAMC is still searching for him and is certain he would be killed if found because of the assistance he has provided to law enforcement and because he testified against the HAMC. This procedure thus affords no protection from the psychological intimidation that the government wishes to prevent. [4] The government can present photographs taken in the courtroom which illustrate what was seen by the jurors. 10. Finally, in October, 1983, another state trial took place in Akron in which a Cleveland Hells Angel was the defendant. All Rights Reserved. 3. Franks v. Delaware, 438 U.S. at 171 [98 S. Ct. at 2684]. What time is 11 59 pm is it Night or Morning? 2d 251] (1988); United States v. Persico, 832 F.2d 705 (2d Cir.1987), cert. Do you have the lyrics to the song come see where he lay by GMWA National Mass Choir?
2d 54] (1985). The matter was brought to the attention of the court, and Judge Murphy was satisfied that there had been no improper purpose in that activity. As a defense attorney in related HAMC cases before and after the Shission trial in Summit County, I have become personally aware that over the past 20 years there has been an overwhelming amount of highly negative, prejudicial publicity with respect to the HAMC in both the print and electronic media throughout the United States. 5. 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. The appropriate voir dire by the Court will assure that the defendants are not deprived of the necessary information for the intelligent exercise of their peremptory challenges. Let me rephrase it then. The informant related to Kingzett that an individual known to the informant as "Friz" had told him that the vehicles were "insurance jobs" from Cleveland. Kingzett also attempted to verify that someone named "Vicnellie" had reported an auto theft but was unable to do so. Q. Trooper Kinneen has received information that the HAMC (and in particular the Massachusetts chapters) are "at war" with the Devils Disciples Motorcycle Club (DDMC). He stopped to assist the occupants. [2] The government is prepared to present testimony regarding this incident. That's generally what they want to do.
Mr. For three decades, George Christie Jr. was the president of the infamous Hells Angels Ventura charter. denied, [484 U.S. 978] 108 S. Ct. 490 [98 L. Ed. The defendants' arrests on October 3, 1991 were covered by both television Channel 9 (Manchester) and Channel 60 (Merrimack). We disagree. 353 (D.P.R.1988), aff'd 879 F.2d 975 (1st Cir.1989). How do you telepathically connet with the astral plain?
Rush in the beach area. Although the informant had initially told Kingzett he had seen the vehicle within twenty-four hours, by the time the warrant issued, considerably more time had elapsed. Under such circumstances the district court's conclusion as to the affiant's credibility is reviewed under a clearly erroneous standard. These attempts at violence were to be funded by the HAMC Oakland, California Chapter. [4] The government's motion for an anonymous jury was filed on March 31, 1992, Docket Document No. 1. If there is no evidence, there is no indictment. Take it a step further beyond that; to an individual who could really create some problems legally for the club or that individual could really have some problems. A. Those individuals told Tardiff that they had heard that Tardiff was cooperating with the police and that the Hells Angels were going to get him. Get free summaries of new District of New Hampshire U.S. Federal District Court opinions delivered to your inbox! The judge claimed that he was still owed money. 424). Upon information and belief, it has been a consistent practice of the Hell's Angels Motorcycle Club ("HAMC") nationwide to take steps involving intimidation when HAMC members stand trial. I have utilized these procedures in many cases before and after the Shission trial in Summit County. denied, 446 U.S. 907 [100 S. Ct. 1833, 64 L. Ed.
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". Law enforcement has learned that Ms. Compton was murdered by an associate of the Hells Angels, because she testified against Mr. Garrett. Defendant also argues that the government has failed to meet its burden in coming forth with specific reasons why an anonymous jury should be empaneled. A pair of western boots had been left in the truck which were not his. The driver was HAMC member Michael Gardner, and the truck belonged to HAMC prospective *506 member Ken Anderson.
Defendants Steven Yee, Mark Verdi and John Ray Bonds are charged with various federal firearm violations which arose from the February 27, 1988 murder of David Hartlaub. Two HAMC members were subsequently arrested for conspiracy to commit murder. See also Scarfo, 850 F.2d at 1021-26 (defendant's link to organized crime coupled with threats to government witnesses and past actions, including murders and attempted bribery of judges and prospective witnesses, provide a sufficient basis to empanel anonymous jury). See United States v. Barnes, 604 F.2d 121, 141 (2d Cir.1979), cert. Contact was made with the ATF agent involved, and it was confirmed that he was going to go to the law enforcement seminar on the dates specified by the informant via the route specified by the informant. Same evening, a suspicious car was observed driving up and down a in!, 488 U.S. 910, 109 S. Ct. 1833, 64 L. Ed this case the!, 438 U.S. at 171 [ 98 L. Ed i have utilized these procedures in cases! [ 98 L. 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denied, 444 U.S. 1032 [100 S. Ct. 703, 62 L. Ed. Forsyth County Sheriff's Department Maj. Brad Stanley said the arrest came after authorities executed search warrants at three homes on Circle Drive, a home on Germanton Road and another home on Pisgah Circle in Kernersville. 1011] (1882) [1892]; Rosalez-[Rosales] Lopez v. United States,451 U.S. 182, 198 [101 S. Ct. 1629, 1639, 68 L. Ed. Both Mr. The court itself recognized that the pre-trial withholding of names and addresses raised a different set of issues than that before it. 19. This judge has discussed some aspects of this case with the judge to whom the same was originally assigned.
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