The judge was convicted of bribery and the conviction was affirmed on appeal. Attorneys for Guardado and Nelson had filed a joint motion in the Sonoma County case in which they asserted that the Hells Angels organization was not a street gang. The government's motion in that regard was attached as "Exhibit E" to the Garrigan Affidavit in Pasciuti. In May 1990, a federal search warrant was executed at defendant Charles Pasciuti's *505 home in Westford, Massachusetts, which resulted in the seizure of a firearm and other evidence. However, it was recognized in United States v. Gibbons, 602 F.2d 1044 (2nd Cir.1979), cert. Q. 1011] (1882) [1892]; Rosalez-[Rosales] Lopez v. United States,451 U.S. 182, 198 [101 S. Ct. 1629, 1639, 68 L. Ed. The government proffers various reasons for the necessity of empaneling an anonymous jury. Hells Angels also stationed themselves at the exits from the Courthouse, prompting several jurors to request that *518 security personnel accompany them as they left for the day. The brawl left six people shot, three of them dead, including Keith Dickey. The two Angels were found shot to death and stuffed in the trunk of a car last Saturday. JAMES J. McGUIRE, being duly sworn, deposes and says: 1. Also, when Mr. Provau left San Diego, he owed a personal debt to the San Diego Chapter's president, Thomas Renzulli. Fayetteville police say the deadly shootings outside the Baymont Ramada hotel during the weekend stemmed from a fight between rival motorcycle gangs. According to these sources, the Hells Angels do not always carefully discriminate between targets of intimidation, preferring to do what is necessary to secure the desired results. 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. Both defendants were members of the HAMC. II. The court denied the motion to compel the disclosure of the informant. After the prosecution rested its case, Mr. Shission testified in his own defense, and was acquitted. During several of these trials (the subject matters of which are not relevant hereto), non-defendant members of the Hell's Angels have engaged in various forms of both subtle and very blatant intimidation of jurors. Dreamville Festival in Raleigh drew in 100k fans from 23 countries. ), cert. Should the Court desire, the Government will endeavor to provide additional details. What time is 11 59 pm is it Night or Morning? Cr 89-0162 [730 F. Supp. Prior to his plea, Frazier had filed a motion to suppress evidence of the firearms which were seized when a search warrant was executed at his residence. Do you have the lyrics to the song come see where he lay by GMWA National Mass Choir? On July 13, 1990, two white males, described as "biker" types, approached Gaylen Blake's father at his home in southeastern Massachusetts. 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. Upon review, we conclude the district judge properly exercised his discretion and accordingly, we affirm. Pasciuti was also charged with possessing a hypodermic needle and syringe found in his vicinity after he had been ordered to exit the vehicle. Q. Hells Angels Charlotte NC July 4 1979 what happened to the Outlaws? We have found that up to this moment, pretrial publicity has not affected the defendants' right to a fair trial by jury. [12] Ms. Bennett died approximately six weeks ago. 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. When you say affront, what do you mean? We live, work and play right here in the Cape Fear. Unlike the situation in the majority of cases in which a Franks challenge is made, a hearing was actually held here. In late 1977, Robert Provau jumped bail causing the Hells Angel Motorcycle Club to forfeit more than $30,000 in bonds. "He really was an all-around good guy. He Considering the type of case, the number of defendants, the nature of the indictment, and the information on file, we would have been inclined to order jury anonymity motu proprio. On February 7, 1975, Officer John McGee stopped a member of the Bridgeport, Connecticut Chapter of the Hells Angel for speeding and issued him a citation. Investigators have said they think Sluder's killer knew him and could have been a business acquaintance or a member of a rival gang. A deliberate effort is made to cause jurors to be apprehensive for their own safety and the safety of their families. He was convicted on one of these after a third trial, and the remaining count was then dismissed. When asked by Cote if he was considered an important member of the club, Pasciuti stated that some people in the HAMC call him the "East Coast Sonny Barger." It also served to objectively test the veracity of certain of the subjective responses which each would make to related questions propounded by the court and counsel.[1]. [3] The final incident in this trial occurred after the case concluded with the acquittal of the defendant. Guardado started the attack for no reason, said Sgt. He previously reported on law enforcement for newspapers in Los Angeles and Denver. Generally through violence or intimidation to the point where they would convince this individual not to testify. The two men refused to show Glen Blake any credentials. 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. Both are equally effective in destroying a juror's ability to impartially view the evidence. The murder charges are also the result of the events surrounding David Hartlaub's death. The government claims that the drug business generated substantial profits laundered through legitimate businesses and that drugs were supplied as a reward to loyal conspirators and denied to those failing to perform as expected. [5] The court intends to borrow from Judge Pollack's cautionary instruction, adopted by the Honorable T. Emmet Clarie, Senior District Judge, U.S. District Court, District of Connecticut, on September 1, 1988, in the case of U.S. v. Victor M. Gerena, et al., Cr. Detective Kingzett's affidavit recited that this informant had provided information that had led to the recovery of fifty-five stolen automobiles and the conviction of approximately fifteen individuals. These stickers identify the possessor as an associate or supporter of the HAMC). According to the United States Marshals in attendance at the trial, witnesses were threatened by HAMC members in the audience. A. 2d 667] (1978). 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. Here's Everything to Shop From the Resale Section, Amazon's Secret Sale Is Offering More than Half Off These Beloved Wireless Earbuds, Martha Stewart Shares the Serum She Says Keeps Her Skin Looking "Really Good" at 81. [1] The only objection to the Court's order regarding spectators has to do with the taking of notes, and will be addressed in a separate pleading. Mr. Shission was a member of the Cleveland, Ohio Chapter of the Hells Angels Motorcycle Club ("HAMC"), at the time of his indictment and trial. Q. 2d 22] (1981) (adequate voir dire is necessary for judge to discover bias in prospective jurors and for counsel to exercise peremptory challenges intelligently). A. Frazier and his wife testified along the lines of their affidavits and also testified that their barn was "so full of junk" that you could not get three automobiles inside. Also the prosecution ordinarily need not disclose the name of an informant when the defendant seeks the information solely to challenge the probable cause supporting a warrant. These types of witnesses are the ones I'm referring to. We developed "check lists" of information to be completed in the field, including such matters as: the type of residence (single family or multiple); the appearance of the residence (well kept up, dilapidated, appearing more or less expensive than others nearby, etc. Members were directed to congregate in public areas of the courthouse during breaks in trial and to be seen around Louisville during the evening. On August 7, 1991, Trooper Kinneen participated in a telephone interview of William Medeiros a/k/a "Wild Bill." Marshals CSO Ed Hubbard that at a bail revocation hearing for defendant John "C.J." Rush, accompanied by Ronald "Dirt" Liquori, another member of the San Diego Chapter of the Hells Angels, and Roland Eddy, a club associate, approached Miss Waugh and Mr. Pittman near their Ocean Beach home. The Motion and supporting documents (appended hereto at E) again reviewed the history of HAMC attempts to subvert justice in the State of Ohio and elsewhere. [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. Defense counsel seem to believe that the government's motion and affidavits in support of its request for anonymous jury, filed March 31, 1992, Docket Document No. The people planning these events knew the agent was going to fly to a particular location and then drive from that location to a law enforcement seminar in a nearby locality. If somebody was just providing general information, I doubt very much they'd even be considered. at 92-93 resulted from a challenge to a post-trial request for the information. In addition, there have been, and will continue to be, substantial pretrial publicity associated with this case. hells angels melbourne president. In October of 1983, another state court trial took place in Akron involving a Hell's Angels defendant. 88-3003 at 7 (unpublished) (Sept. 1, 1988) (copy attached hereto as Exhibit 1). He said that the HAMC will make a concerted effort to identify all potential government witnesses. No. At the street corner where Guardado was shot, across from a bar and a nail salon, there was a makeshift memorial where someone had written in large, black letters, "RIP Papa Frisco.". Aug. 5, 1988). MR. VICINANZO: Thank you, Detective Barone. slogans on car bumper stickers, political signs on the property, signs indicating participation in law enforcement neighborhood activities such as "crime watch"). During the Shission Summit County case, we found out that one of our teams had been seen making its field observations. On June 27, 1990, Glen Blake contacted a federal agent in Concord, New Hampshire and related that the Blake's home had been broken into some time during the previous twenty-four hours. Well, if a particular member is you have to remember that the organization if someone is going to testify against the organization or an individual in the organization, they are testifying against the Hell's Angels. He has retired from law enforcement because of medical disability. William Franklin Davis Sr., 42, of Fayetteville, died at the scene. United States District Court, D. New Hampshire. When a person is going to testify against an individual Hell's Angel, as far as the Angels are concerned they view that as testifying against the organization as a whole. To what extent would the violence be taken in your opinion? ); a description of the neighborhood (by such factors as wealth, level of racial integration, prevalence of young children, etc. The HAMC circulate copies of all police reports, particularly those containing witness statements, to every HAMC chapter. 1. If there is no evidence, there is no indictment. Do you mean the local chapter or something broader than that? Every effort was also made to attract the attention of the media and warn the public that the HAMC was present in force. On September 18, 1983, a list of prospective jurors was provided to attorneys for the defense and for the state. Shop the Best Deals We've Found on Amazon in March Before They're Gone, What is Lululemon 'Like New'? 19. And what would that way be in your experience? Marshals Service Witness Protection Program. [8] It should be noted that neither the judge nor the prosecution sought to have the son testify about the incident. It found that this was sufficient to put the trial court on notice that all safety measures possible should be taken for the protection of prospective jurors. Let me rephrase it then. The investigation into Dwight Sluder's death remains open. The defendants' interests obviously include the need to conduct a meaningful, intelligent voir dire which will permit the intelligent exercise of their peremptory challenges, and retaining their presumption of innocence. (Hearing Tr. [3] The affiant testified and was cross-examined. Pasciuti told S/A Barry that "the only mistake he [Pasciuti] made was not finishing Mrozek (sp) off." 4. United States v. Scarfo, supra at 1022. United States v. Tutino, 883 F.2d 1125, 1132 (2nd Cir.1989); United States v. Persico, 832 F.2d 705, 717-718 (2nd Cir.1987), cert. 128 in Lexington, Massachusetts at the time it was stopped by the Trooper. In early 1983, at a trial in Cleveland, a similar courtroom scene was played out, with numerous members in full colors staring at the jury throughout a trial of a Hell's Angels defendant. Witnesses told investigators that Guardado and the gunman struggled before the shooting. [1] While the techniques and incidents described herein relate to the HAMC, I have applied the same principles, with the same results, in other "high profile" cases on behalf of clients who allegedly belonged to groups classified as "organized crime". nc hells angels president killed. 'Unlikely duo' goat, dog duo head to forever home in Johnston Co. CR83130), the Government filed a motion in limine to prevent disclosure of the identity, address and residence locale of petit jurors. From observations of trials involving HAMC members in Kentucky and elsewhere, (United States v. Barger, et al., CR-87-154-L(J), (W.D.Kentucky)), it is standard for the HAMC to direct members to attend trial en masse in order to intimidate jurors. Barone, who has investigated outlaw motorcycle gangs for over fifteen years, described the Hells Angels' penchant for violence and willingness to harm or intimidate anyone cooperating with law enforcement. [2] The government is prepared to present testimony regarding this incident. Anonymous juries are warranted in cases such as this one involving organized crime and are not unconstitutional. I am an Assistant United States Attorney for the Southern District of New York. Each member is directed to wear his HAMC insignia, sit in the courtroom during trial, and congregate in public areas during recesses in order to be observed by government witnesses and jurors. In your opinion what efforts would be made to find out? [3a] See Government's Affidavit in Support of Motion for Anonymous Jury and Motion to Impose Rules Governing Spectators at Trial, appended hereto as Exhibit I. 560, and Order, United States v. John Courtois, CR-91-63-04-S, dated July 13, 1992, Docket Document No. It is respectfully requested that relief be granted in accordance with the views expressed herein. Recognizing the corruptive effect such tactics have on the entire criminal justice system, the trial court granted the *519 government's motion and the names and addresses of the jurors were withheld from all parties. Second, the government has also come forward with affidavits and filings from previous cases in which claims were made that HAMC members attempted to influence government witnesses, jurors, and other facets of the legal process. Granatino indicated that defendant John Pasciuti, a prospective member of the HAMC and brother of HAMC Lowell Chapter President Charles "Doc" Pasciuti, was arrested by the Massachusetts State Police on October 29, 1991 after a loaded .22 caliber revolver was found in the truck in which John Pasciuti was a passenger. We have also carried out an independent day-to-day analysis of the mentioned risks from day one of our present assignment. Aldridge v. United States,283 U.S. 308, 310 [51 S. Ct. 470, 471, 75 L. Ed. On the morning of January 30, 1978, Solano County Deputy Sheriff, William Zerbe was leaving his residence enroute to court to testify against members of the Oakland Chapter of the Hells Angels. [4] The district court found that the warrant's inaccurate statement regarding the timing of the informant's visit to defendant's property was inadvertent. 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. The facts set forth in the factual portion of this motion demonstrate that members and associates of the Hell's Angels Motorcycle Club have used both subtle and open forms of intimidation and attempts to influence the jurors and witnesses in numerous cases. By the individual, do you mean the local chapter or the organization? Nearby, others wrote "never forget" and "we will always love you." What if they could not convince the individual not to testify? He died of natural causes at home, aged 90 on the 24th of January 1965. denied, [484 U.S. 978] 108 S. Ct. 490 [98 L. Ed. denied, [474 U.S. 841] 106 S. Ct. 124, 125 [88 L. Ed. 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. [6] Mr. Mogulescu is now a judge in the criminal courts of Manhattan. 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John Courtois, CR-91-63-04-S, dated July 13, 1992, Docket no...
at 92-93 resulted from a challenge to a post-trial request for the information. In addition, there have been, and will continue to be, substantial pretrial publicity associated with this case. hells angels melbourne president. In October of 1983, another state court trial took place in Akron involving a Hell's Angels defendant. 88-3003 at 7 (unpublished) (Sept. 1, 1988) (copy attached hereto as Exhibit 1). He said that the HAMC will make a concerted effort to identify all potential government witnesses. No. At the street corner where Guardado was shot, across from a bar and a nail salon, there was a makeshift memorial where someone had written in large, black letters, "RIP Papa Frisco.". Aug. 5, 1988). MR. VICINANZO: Thank you, Detective Barone. slogans on car bumper stickers, political signs on the property, signs indicating participation in law enforcement neighborhood activities such as "crime watch"). During the Shission Summit County case, we found out that one of our teams had been seen making its field observations. On June 27, 1990, Glen Blake contacted a federal agent in Concord, New Hampshire and related that the Blake's home had been broken into some time during the previous twenty-four hours. Well, if a particular member is you have to remember that the organization if someone is going to testify against the organization or an individual in the organization, they are testifying against the Hell's Angels. He has retired from law enforcement because of medical disability. William Franklin Davis Sr., 42, of Fayetteville, died at the scene. United States District Court, D. New Hampshire. When a person is going to testify against an individual Hell's Angel, as far as the Angels are concerned they view that as testifying against the organization as a whole. To what extent would the violence be taken in your opinion? ); a description of the neighborhood (by such factors as wealth, level of racial integration, prevalence of young children, etc. The HAMC circulate copies of all police reports, particularly those containing witness statements, to every HAMC chapter. 1. If there is no evidence, there is no indictment. Do you mean the local chapter or something broader than that? Every effort was also made to attract the attention of the media and warn the public that the HAMC was present in force. 
On September 18, 1983, a list of prospective jurors was provided to attorneys for the defense and for the state. Shop the Best Deals We've Found on Amazon in March Before They're Gone, What is Lululemon 'Like New'? 19. And what would that way be in your experience? Marshals Service Witness Protection Program. [8] It should be noted that neither the judge nor the prosecution sought to have the son testify about the incident. It found that this was sufficient to put the trial court on notice that all safety measures possible should be taken for the protection of prospective jurors. Let me rephrase it then. The investigation into Dwight Sluder's death remains open. The defendants' interests obviously include the need to conduct a meaningful, intelligent voir dire which will permit the intelligent exercise of their peremptory challenges, and retaining their presumption of innocence. (Hearing Tr. [3] The affiant testified and was cross-examined. Pasciuti told S/A Barry that "the only mistake he [Pasciuti] made was not finishing Mrozek (sp) off." 4. United States v. Scarfo, supra at 1022. United States v. Tutino, 883 F.2d 1125, 1132 (2nd Cir.1989); United States v. Persico, 832 F.2d 705, 717-718 (2nd Cir.1987), cert. 128 in Lexington, Massachusetts at the time it was stopped by the Trooper. In early 1983, at a trial in Cleveland, a similar courtroom scene was played out, with numerous members in full colors staring at the jury throughout a trial of a Hell's Angels defendant. Witnesses told investigators that Guardado and the gunman struggled before the shooting. [1] While the techniques and incidents described herein relate to the HAMC, I have applied the same principles, with the same results, in other "high profile" cases on behalf of clients who allegedly belonged to groups classified as "organized crime". nc hells angels president killed. 'Unlikely duo' goat, dog duo head to forever home in Johnston Co. CR83130), the Government filed a motion in limine to prevent disclosure of the identity, address and residence locale of petit jurors. From observations of trials involving HAMC members in Kentucky and elsewhere, (United States v. Barger, et al., CR-87-154-L(J), (W.D.Kentucky)), it is standard for the HAMC to direct members to attend trial en masse in order to intimidate jurors. Barone, who has investigated outlaw motorcycle gangs for over fifteen years, described the Hells Angels' penchant for violence and willingness to harm or intimidate anyone cooperating with law enforcement. [2] The government is prepared to present testimony regarding this incident. Anonymous juries are warranted in cases such as this one involving organized crime and are not unconstitutional. I am an Assistant United States Attorney for the Southern District of New York. Each member is directed to wear his HAMC insignia, sit in the courtroom during trial, and congregate in public areas during recesses in order to be observed by government witnesses and jurors. In your opinion what efforts would be made to find out? [3a] See Government's Affidavit in Support of Motion for Anonymous Jury and Motion to Impose Rules Governing Spectators at Trial, appended hereto as Exhibit I. 560, and Order, United States v. John Courtois, CR-91-63-04-S, dated July 13, 1992, Docket Document No. It is respectfully requested that relief be granted in accordance with the views expressed herein. Recognizing the corruptive effect such tactics have on the entire criminal justice system, the trial court granted the *519 government's motion and the names and addresses of the jurors were withheld from all parties. Second, the government has also come forward with affidavits and filings from previous cases in which claims were made that HAMC members attempted to influence government witnesses, jurors, and other facets of the legal process. Granatino indicated that defendant John Pasciuti, a prospective member of the HAMC and brother of HAMC Lowell Chapter President Charles "Doc" Pasciuti, was arrested by the Massachusetts State Police on October 29, 1991 after a loaded .22 caliber revolver was found in the truck in which John Pasciuti was a passenger. We have also carried out an independent day-to-day analysis of the mentioned risks from day one of our present assignment. Aldridge v. United States,283 U.S. 308, 310 [51 S. Ct. 470, 471, 75 L. Ed. On the morning of January 30, 1978, Solano County Deputy Sheriff, William Zerbe was leaving his residence enroute to court to testify against members of the Oakland Chapter of the Hells Angels. [4] The district court found that the warrant's inaccurate statement regarding the timing of the informant's visit to defendant's property was inadvertent. 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. The facts set forth in the factual portion of this motion demonstrate that members and associates of the Hell's Angels Motorcycle Club have used both subtle and open forms of intimidation and attempts to influence the jurors and witnesses in numerous cases. By the individual, do you mean the local chapter or the organization? Nearby, others wrote "never forget" and "we will always love you." What if they could not convince the individual not to testify? He died of natural causes at home, aged 90 on the 24th of January 1965. denied, [484 U.S. 978] 108 S. Ct. 490 [98 L. Ed. denied, [474 U.S. 841] 106 S. Ct. 124, 125 [88 L. Ed. 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. [6] Mr. Mogulescu is now a judge in the criminal courts of Manhattan. The defendants are acknowledged members of the Hell's Angels Motorcycle Club, an internationally organized group with local chapters in the Northeast Ohio area. 
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