This case is a multi-count criminal prosecution against sixteen remaining defendants, for a continuing criminal enterprise and drug conspiracy. [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. The defendants' arrests on October 3, 1991 were covered by both television Channel 9 (Manchester) and Channel 60 (Merrimack). Anthony Tate, a former Hell's Angel from Anchorage, Alaska, testified in a heavily guarded federal courtroom in Greensboro against Lawrence Dean Lenihan, 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. 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. Medeiros is a former member of the HAMC and was security officer for the New York City Chapter. He stopped to assist the occupants. 5. BATF S/A Crowley provided the following information regarding government witness Robin Golden: In May 1990, Robin Golden, a former associate of "Doc" Pasciuti and the Lowell HAMC, agreed to cooperate with federal investigators. This site is protected by reCAPTCHA and the Google, District of New Hampshire U.S. Federal District Court. Members were directed to wear their colors and sit in the courtroom during trial to intimidate jurors and government witnesses. An attorney who was defending Guardado in a battery case in Sonoma County said that he was "absolutely devastated" by the killing and that "Mark was a wonderful human being. Three men are dead and three people were injured after a shooting at a North Carolina hotel that involved multiple biker gangs, police said. 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. In its moving papers the government directed the Court's attention to three recent cases of similar import in which there had been attempts made to influence jurors. I have been permitted to appear "pro hac vice" in the United States District Courts for the Districts of Vermont, Connecticut, Eastern District of New York, Southern District of New York, Middle District of Florida (Orlando Division), South Dakota, Nebraska, Northern District of Iowa, Northern District of Louisiana, Eastern District of Missouri, Western District of Missouri (Northern Division), Western District of Missouri (Southern Division), Eastern District of Kansas, Northern District of Texas, Colorado, Eastern District of California, and Southern District of California. 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. 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. "This is not the law and should not be. During the trial, the son of one juror was approached and told that if his mother returned a verdict of guilty, she would have "lots of problems." The president of the San Francisco chapter of the Hells Angels Motorcycle Club was shot and killed Tuesday night on a Mission District street, police said Wednesday. [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. The assailant jumped back and said, "You and your brother are both dead motherfuckers." WHEREFORE, for all the foregoing reasons, the government does respectfully request this Court to issue an order which prohibits the disclosure of prospective jurors' names, addresses and places of employment to both the government and to the defense and further establish specific rules of courtroom conduct as outlined above in addition to whatever other rules this Court might deem appropriate. The two person teams were asked to go out into the field to make their observations as unobtrusively as possible. On July 2, 1990, a relative of Robin Golden's told investigators that on June 22, 1990 another relative had found a typewritten note on the front porch of their home in the southwestern section of the United States. A copy of this affidavit is attached hereto[3] and details show the Hell's Angels engaged in a systematic effort to intimidate jurors and government witnesses during a recent trial of a Hell's Angels member in Louisville, Kentucky. A. Q: Who killed hells angels Winston Salem nc president Dwight sluder in 2009? Jeffrey "Jethro" Pettigrew, 51, the president of the San Jose chapter of the Hell's Angels motorcycle club, was killed at John Ascuaga's Nugget hotel-casino in Such a proffer would be made a part of the record and sealed. Law enforcement has learned that Ms. Compton was murdered by an associate of the Hells Angels, because she testified against Mr. Garrett. Web1997 Drammen bombing. 2. 8. A. 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. denied, [474 U.S. 819] 106 S. Ct. 67 [88 L. Ed. In the fall of 1991, Tardiff agreed to cooperate with federal investigators. In support of its Motion, the United States of America states the following: 1. 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. In July, federal and local authorities raided the Hells Angels' clubhouse in San Francisco, and Guardado was arrested on suspicion of possessing illegal mushrooms. Mr. Duchnick was then assigned to the Special Operations Division of the District Attorney's Office and was prosecuting several cases filed against members of the San Diego Chapter of the Hells Angels. [2] There a member of the Cleveland chapter of the Hells Angels was on trial for an offense that occurred in the Toledo area, which is a stronghold of the Hells Angels arch-rival Outlaw Motorcycle Club. In part, on several occasions members of the San Diego Chapter of the Hells Angels went to New York to search for Mr. Provau. 2d 260], the United States Court of Appeals for the Second Circuit affirmed the decision of the District Court ordering non-disclosure of juror's identities, residence locales and ethnic background. 2d 102] (1985); United States v. Thomas, 757 F.2d 1359 (2d Cir.) On October 23, 1986, a confidential informant told Detective Robert Kingzett of the Cleveland Police Department that he had visited within the past twenty-four hours a residence located at 3470 Sleepy Hollow Road in Medina County, Ohio, and had observed three automobiles in a barn located on the premises. Then "the guy shot him, and he got on his motorcycle and left.". [14] United States v. Aiuppa, et al., in the United States District Court for the Western District of Missouri, at Kansas City. Barry understood Pasciuti to mean he should have killed Myrozek. 5. The ruling was announced in early June 1992 so that the parties would know as soon as possible of the court's intention to proceed with an anonymous jury. Atty., Concord, N.H., for U.S. Alan P. Caplan, San Francisco, Cal., for C. Pasciuti. He stated that nothing ever came of it. nc hells angels president killed. In late 1977, Robert Provau jumped bail causing the Hells Angel Motorcycle Club to forfeit more than $30,000 in bonds. IV. Defendants Yee and Verdi have consented to at least one television interview in Toledo. Things a buzzing! Why is it necessary for meiosis to produce cells less with fewer chromosomes? Thus, both the safety and future usefulness of the informant were protected by nondisclosure of the informant's identity. Garrigan's affidavit describes reports of attempted interference with the judicial process 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"). All members of the Durham and Winston-Salem, North Carolina chapters of the HAMC traveled to Louisville and participated in intimidating jurors and witnesses. 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. In United States v. Dennis George, et al. James Brent Eaton, a Hells Angel, who was then in New York, personally spoke to Larry Ditmars, aka "Dexter", a former member of the San Diego Chapter of the Hells Angels and a present member of the Vallejo Chapter of the club, Raymond Piltz, aka "Fat Ray", a former member of the San Diego Chapter of the Hells Angels, now deceased, and one David Harbridge about their searching for Mr. Provau to kill him. A federal appeals court has ruled in a free-speech suit that the Gilroy Garlic Festival has the right to bar insignia-wearing bikers because it is not a government-sponsored event. On said occasion, counsel for Charles Pasciuti requested up to and including July 3, 1992 to file a motion for reconsideration on the issue of jury anonymity. She told her boyfriend, who confronted Mr. 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. Two HAMC members were stabbed in Revere on November 8, 1991, allegedly by DDMC members. If it meant killing the individual, they would make every effort to do so. 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. The latest breaking updates, delivered straight to your email inbox. They seized documents and some posters, but nothing that backed their suspicions, he said. Mr. That report indicates that he spoke with Charles "Doc" Pasciuti on September 1, 1990. [1] This intimidation, regardless of how subtle it may appear, has a direct impact on the ability of petit jurors to assess the evidence in an impartial manner. If the anonymous juror feels less pressure as a result of his anonymity, this is as it should be a factor contributing to his impartiality." The driver was HAMC member Michael Gardner, and the truck belonged to HAMC prospective *506 member Ken Anderson. Later that day, both men testified before the federal grand jury and returned home. Those defendants who adopted codefendant Charles Pasciuti's motion shall be bound by this ruling. [8] It should be noted that neither the judge nor the prosecution sought to have the son testify about the incident. He was convicted on one of these after a third trial, and the remaining count was then dismissed. (United States District Court for the Middle District of North Carolina, Cr. 5. evvnt_require("evvnt/discovery_plugin").init({ Mr. Police have made no arrests, but said one avenue they are exploring was that Guardado was fighting with a rival in another motorcycle group. [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. Sign up for our free summaries and get the latest delivered directly to you. element: "#evvnt-calendar-widget", at 93. 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. In United States v. Steven Wayne Yee, et al. Clarence Kereky testified that he had delivered hay to the property on the day before the search and that the barn contained too many automobile parts to leave room to park an automobile. 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". In addition, the defendants have also been charged on the state level with murder and if convicted, face the possibility of either the death penalty or life in prison. Thus, the disclosure of the informant's identity would not have aided Frazier in his defense on the substantive charge. By the individual, do you mean the local chapter or the organization? Stanley said one of the searched homes on Circle Drive is the Hell's Angels clubhouse.Stanley said deputies seized guns, explosives, illegal controlled substances such as methamphetamines, cocaine, and marijuana.In addition to Sluder's arrest, William David Taylor, 41, Oscar Benjamin Tadlock Jr., 46, and Jason Edward Beard, 42 -- all said to be affiliated with the gang -- were arrested and charged Monday. Elizabeth Diane Sluder, 25, is the daughter of local Hell's Angels president Dwight Sluder, 48, who was found dead from a gunshot wound to his head. I was advised on March 9, 1992 that Otis "Buck" Garrett, a member of the HAMC "Nomad" Chapter and HAMC associate Robert McClure were indicted in March 1991 (case numbers C910372CR and C9103723CR) for the brutal murders of witness Margo Compton and her twin seven-year-old daughters. Her husband, Leslie, a Hells Angel, was killed during an argument outside a Hells Angels' party in Omaha in the summer of 1980. Paccione, 949 F.2d at 1192. 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. Is carvel ice cream cake kosher for passover? 2023, Hearst Television Inc. on behalf of WXII-TV. Barnes, supra, 604 F.2d at 1412 [140-141]. At the hearing, Detective Kingzett testified to the information he had received from the informant, the corroborating information he had developed, and the circumstances surrounding the issuance and execution of the search warrant. at 92-93 resulted from a challenge to a post-trial request for the information. THE COURT: Sustained. Upon information and belief, the material contained herein is true and correct and is based upon conversations with and documentation provided by law enforcement officers and other credible sources as noted. If somebody was just providing general information, I doubt very much they'd even be considered. We live, work and play right here in the Cape Fear. 2d 668] (1980); United States v. Gonsalves, 691 F.2d 1310, 1315-16 (9th Cir.1982). They subsequently entered the U.S. We considered the contents of the motion, the affidavits in support, and the oppositions filed by the parties. widget: true, During 1988, the East and West Coast Officers of the HAMC directed that every club throughout the United States send members to Louisville, Kentucky for the trial of United States v. Barger, et al., CR-87-154-L(J) (W.D.Kentucky). They would certainly zero in on this person or persons who were going to hurt them the most. Marshals CSO Ed Hubbard that at a bail revocation hearing for defendant John "C.J." 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. I have reviewed a report by Westford (Massachusetts) Police Department Patrolman Hervey P. Cote. [3] The affiant testified and was cross-examined. 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. These stickers identify the possessor as an associate or supporter of the HAMC). 2. denied, 488 U.S. 910, 109 S. Ct. 263, 102 L. Ed. The van had a license plate which he believed had a green background and white letters. In 1984, Judge James J. McGettrick of the Cuyahoga County (Ohio) Common Pleas Court, told an undercover ATF agent (who the judge believed was associated with the HAMC) that he had been payed bribes to fix two cases where the defendants were members of the HAMC. 1(a) Detective Nicholas Barone of the Connecticut State Police (who testified for the Government at Pasciuti/Casella's detention hearing as an expert witness on the HAMC) provided information that in 1986, following the investigation and prosecution of a large number of East Coast HAMC members in the mid-1980's (Operation Rough Rider) that he received reliable information that he and Chief Assistant United States Attorney for the District of Connecticut, H. James Pickerstein, were to be physically harmed by the HAMC. 91-63-07-S) on January 14, 1992. Precautions will be taken to minimize any prejudicial effects on the defendants and to make certain that their fundamental rights are protected.[5]. Cash App founder Bob Lee killed in SF stabbing, report says, SF hometown hero Ali Wong's Netflix show is hard to watch, Woman who reportedly vanished on SF cruise vacation found, Dubs' GM thanks media for not leaking Andrew Wiggins news, Tech world shocked by killing of Cash App founder Bob Lee in SF, Slain Cash App founder Bob Lee lived in Miami, was visiting SF, Warriors can win more games with one neat lineup trick, Magnitude 4.5 earthquake rattles Bay Area, Last 14 mins of Mavs-Warriors could be redone if protest wins, Google is downgrading a ton of its perks as tech goes frugal, This San Francisco cafe turned into a tech worker 'zombieland', One of the rarest photo ops in SF is happening this week, 5 farmhouses to book for an agritourism getaway, 10 beach essentials to pack for a spring break vacation. Barnes, at 135. denied, [484 U.S. 978] 108 S. Ct. 490 [98 L. Ed. They would perpetrate the violence against some of their own members if the case if it was necessary. Before: MARTIN, GUY, and NELSON, Circuit Judges. Then they would make every effort to silence the individual. Tardiff received methamphetamine from defendant Charles "Doc" Pasciuti and other defendants and distributed it in the Lakes Region of New Hampshire. Get free summaries of new District of New Hampshire U.S. Federal District Court opinions delivered to your inbox! Mr. Reporters from numerous newspapers and press wire service, including the Toledo Blade, Sandusky Register and the Associated Press have attended several of the hearings that have been held in this case. In 1976, he joined Hell's In reaching this conclusion, the court discussed the procedure followed in the selection process. The facts are such here that even under a de *527 novo standard of review, we clearly would reach the same conclusion as did Judge Dowd. by. 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. 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. denied, [474 U.S. 841] 106 S. Ct. 124, 125 [88 L. Ed. Federal judges are vested with broad discretion in the conduct of voir dire. He was released after posting a $15,000 bond.The investigation into Dwight Sluder's death remains open.Investigators said in September that there were no signs of forced entry, no signs of a robbery and no signs of a struggle. 1011] (1882) [1892]; Rosalez-[Rosales] Lopez v. United States,451 U.S. 182, 198 [101 S. Ct. 1629, 1639, 68 L. Ed. Both men had weapons, but Ms. Waugh's boyfriend, Douglas Pittman, turned and ran away. The affidavit is appended hereto at B. Norman alleged that HAMC national officers had ordered members to attend the trial of HAMC Oakland Chapter President Ralph "Sonny" Barger, wear colors to court, and congregate in and around the courthouse. 4. 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 family history was also elicited as well as information concerning each juror's occupation, educational background, and membership in organized groups. 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). Blake then noticed the butt of a revolver in his assailant's waistband. The Court also specifically rejected the argument that jurors must disclose their identities and publicly take responsibility for the decisions they made. On July 15, 1990, Glen Blake reported that he arrived home at 10:00 p.m. Lindaman was killed in a traffic wreck in Houston on Oct. 15, 1990, and Pigg died in his Charlotte home Oct. 5, 2007, from liver disease. Her last case was the trial of William Kennedy Smith in Palm Beach, Florida. 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. There is no doubt since the decision in Franks that a defendant may challenge the truthfulness of the statements made in an affidavit supporting a search warrant. Franks v. Delaware, 438 U.S. at 171 [98 S. Ct. at 2684]. When you see news happening, report it! The Lowell Chapter is "notorious" for going after witnesses. This information was not public knowledge. Police said they responded to the Baymont Ramada, located at 1707 Owen Drive, just after 8:50 p.m. Saturday. The government's motion in that regard was attached as "Exhibit E" to the Garrigan Affidavit in Pasciuti. 1. On appeal, Frazier claims the trial judge should have conducted an in camera hearing relative to the identity of a confidential informant whose information provided part of the probable cause for the issuance of the warrant. In short, counsel for both sides were able to ascertain virtually every relevant fact except the juror's name and address. 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. Fayetteville police say the deadly shootings outside the Baymont Ramada hotel during the weekend stemmed from a fight between rival motorcycle gangs. It will not address those aspects of that affidavit which relate solely to the question of the conduct of spectators at trial, because the Order issued by this Court in regard to such conduct is not, save in one respect, objectionable to defendant Charles Pasciuti.[1]. Stanley said Robert Joe Pugh, 56, was arrested and charged with larceny. [2] The affiant contacted the Washington County (Oregon) District Attorney's Office on March 3, 1992. 2 arrested in fight between rival biker gangs in Fayetteville - C The person who contacted the juror's son described the juror and what she had worn to court that day. As stated by Judge Friendly in United States v. Borelli, 336 F.2d 376 (2nd Cir.1964), cert. 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. 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Neither the judge nor the prosecution sought to have the son testify about the incident of interference... Each juror 's occupation, educational background, and the truck belonged to HAMC prospective * 506 member Anderson! In Pasciuti San Francisco, Cal., for C. Pasciuti Ms. Waugh 's boyfriend, Douglas Pittman, turned ran! Or supporter of the informant were protected by nondisclosure of the informant 's identity would not have aided Frazier his... Should not be defense on the substantive charge outside the Baymont Ramada, located at 1707 Owen,... Affiant testified and was security officer for the New York City Chapter behalf of.. Your email inbox members if the case if it was necessary Ramada hotel during weekend. Police say the deadly shootings outside the Baymont Ramada hotel during the weekend stemmed from a challenge to a request... Was attached as `` Exhibit E '' to the garrigan affidavit in Pasciuti defense the... In on this person or persons who were going to hurt them the most forfeit... U.S. 819 ] 106 S. Ct. 67 [ 88 L. Ed acquaintance or a member of a rival.... Should not be weapons, but Ms. Waugh 's boyfriend, Douglas,. Rival gang Charles `` Doc '' Pasciuti on September 1, 1990 for C. Pasciuti John... Two person teams were asked to go out into the field to make their as. Were asked to go out into the field to make their observations unobtrusively... In late 1977, Robert Provau jumped bail causing the Hells angels Winston Salem president. Information, I doubt very much they 'd even be considered have killed Myrozek they think sluder 's knew! Case is a former member of a revolver in his defense on the substantive charge v. Dennis George et! License plate which he believed had a green background and white letters the... Observations as unobtrusively as possible remaining defendants, for C. Pasciuti able to ascertain virtually every relevant fact the... 67 [ 88 L. 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