I submit this Supplemental Affidavit in further support of the Government's motion for an anonymous jury and other relief. The two men then left. The 13 are charged with conspiracy to distribute methamphetamine, known as speed, from 1987 through last month. 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. 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. (Alward, a prospect for the Lowell Chapter of the HAMC, has attended many of public court proceedings in this case). 1988), aff'd 879 F.2d 975 (1st Cir. Atty., Concord, N.H., for U.S. Alan P. Caplan, San Francisco, Cal., for C. Pasciuti. The trial began in September, 1979, and concluded in July, 1980. At that time, Compton was residing in a rural area of Oregon with six year old twin daughters. The defendants' arrests on October 3, 1991 were covered by both television Channel 9 (Manchester) and Channel 60 (Merrimack). Howard told a news conference additional arrests were possible. If it gets into a trial situation, it's probably too late for them. Members were directed to congregate in public areas of the courthouse during breaks in trial and to be seen around Louisville during the evening. The indictments allege they conspired to distribute the drug from the Long Ranch Saloon in Derry, the Home Run Restaurant in Nashua, and the Hell's Angels clubhouse in Lowell. As such, it is requested that this Court establish the same rules regarding courtroom attire and conduct that the Honorable Alvin I. Krenzler and the Honorable David D. Dowd, Jr., both of the Northern District of Ohio have utilized in past cases involving Hell's Angels, such as requiring all male spectators to be suitably dressed in a shirt, normal necktie and coat or jacket as a condition of admission to the courtroom; prohibiting all insignias which identify a spectator, male or female, with any club or organization; requiring as a condition to entry that all spectators register at a table situated at the entrance to the courtroom and show photographic identification; requiring that no spectator be allowed to enter or leave the courtroom other than at recesses; allowing no spectators to take notes during the voir dire of the jury; allowing no spectators to bring into the courtroom magazines, newspapers, briefcases or notebooks unless the spectator is a member of the media; and whatever other courtroom conditions that this Court deems appropriate to ensure the due administration of justice. And, in addition to Hells Angels from Cleveland and Akron, members from all over the United States were present at the trial. If there is no evidence, there is no indictment. 12. 263, 102 L.Ed.2d 251 (1988), and did discuss the fact that "jurors summoned from the community to serve as participants in our democratic system of justice are entitled to safety, privacy and protection against harassment." at 2684]. 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. Q. Finally, I would ask this court to consider a short personal statement and opinion on my part. (United States District Court, Northeastern District of Ohio, Eastern Division, Case No. In United States v. Steven Wayne Yee, et al. During this trial, several members of the Hell's Angels appeared near the homes of a number of jurors, and while there was no evidence showing jurors were directly contacted, neighbors and acquaintances of jurors were contacted. Additional motorcycles were brought in by trailer to be parked near the courthouse to give the impression that there were even more members than actually were present. Kingzett also attempted to verify that someone named "Vicnellie" had reported an auto theft but was unable to do so. It is based upon many years experience in representing defendants who are members of groups or organizations which the government has denominated as "organized crime" in "high profile" criminal cases: United States v. Aiuppa, et al., in the United States District Court for the Western District of Missouri, at Kansas City. The HAMC circulate copies of all police reports, particularly those containing witness statements, to every HAMC chapter. The indictment alleges they conspired to distribute the drug from the Long Ranch Saloon, 12 Railroad Ave., Derry, the Home Run Restaurant and Pub, 56 Canal St., Nashua, and the Hell's Angels' clubhouse in Lowell. 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. 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. This order will remain sealed until the jury selection is completed and the jury preliminary instructions have been given. (United States District Court for the District of South Carolina, Criminal No. Peremptory challenges require no justification and reflect an attorney's instincts, hunches or suspicions about prospective jurors who cannot be challenged for cause. 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. On or about January 30, 1978, Detective William Zerby of the Solano County, California Sheriff's Office was injured as a result of an explosive device detonated as he was entering a vehicle parked in front of his home. 3. They are charged with conspiracy to distribute methamphetamine, known as speed, from 1987 through last month. 1987), cert. Should the Court desire, the Government will endeavor to provide additional details. 13. Glen Blake described his assailant as a tall, heavy, white male with tattoos on his arms, and a northeastern accent. . "It is not only his right, but his duty . Q. Assistant United States Attorney David Bauer of Toledo was the prosecutor in these cases. 1985), cert. I have been permitted to appear "pro hac vice" in the State Courts of New Hampshire, Maine, Rhode Island, Connecticut, New Jersey, Ohio, Nebraska, Iowa, California, and Washington. In that process, the district court called 150 prospective jurors, assigning each a number. Two days later Mr. The government's motion for an anonymous jury was filed on March 31, 1992, Docket Document No. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 14. He was sentenced to life in prison in Cedar Junction, Walpole. Johnson v. United States, 270 F.2d 721 (9th Cir. It is only logical to assume that a juror will also be affected by the potential of intimidation in any of its forms. Despite anonymity, appropriate voir dire can eliminate any "risk that providing jurors with anonymity would cast unfair aspersions" on the defendants. 1988). "They (the Angels) are the recognized national leader in the manufacture and distribution of this drug," he said, "and they had made in-roads in the southern part of the state.". 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." Anonymous juries and at times jury sequestration are tools available to minimize the impact that certain unique criminal cases have on jurors, witnesses, and parties. The Shission jury was selected after a detailed voir dire, and the case was tried without any untoward incidents or inappropriate behavior. This is a serious problem. The Court also specifically rejected the argument that jurors must disclose their identities and publicly take responsibility for the decisions they made. . I have knowledge of the background and circumstances of many of these allegations. In October, 1982, members of the Hell's Angels engaged in various forms of juror intimidation in connection with a state court trial, held in Toledo, Ohio, of a Hell's Angel member. Q. "This prevents them from getting a foothold and selling their wares in the state," state Attorney General John Arnold said.
. The search also turned up a 9 mm and .380 caliber pistol which ultimately were the basis for the subsequent federal prosecution. In The United States District Court for the Middle District of North Carolina. A deliberate effort is made to cause jurors to be apprehensive for their own safety and the safety of their families. David Skelton, 35, of Derry, had his case taken under advisement. . Agents from the Bureau of Alcohol, Tobacco and Firearms also raided Pasciuti's home in May 1990, seizing several weapons and arresting Anthony Morabito. If a member cooperates, he is put in the "hit file" and will be killed if located. 18. Outlaw motorcycle groups historically have actively participated in the intimidation of witnesses on a large scale.
5. David Vicinanzo and Clyde R.W. A federal ground jury handed up the indictments last week, and 10 of the men were arrested yesterday, including alleged ring leader Charles "Doc" Pasciuti, U.S. Attorney Jeffrey Howard told a news conference. Other federal courts have recently affirmed the right of jury veto power. Nothing appeared to have been taken. Item: 173296062299
Make your practice more effective and efficient with Casetexts legal research suite. ( See AUSA Moore's letter to affiant, dated November 26, 1991, with pamphlet attached, appended hereto at C). I have reviewed a report by Westford (Massachusetts) Police Department Patrolman Hervey P. Cote. Barnes, at 135. 19. ", 2. The two person teams were asked to go out into the field to make their observations as unobtrusively as possible. Federal Building, Room 310 300 E. Washington Street Post Office Box 10067 Clyde Garrigan, Esquire Greensville, South Carolina 29603 Assistant United States Attorney (803) 232-5646 U.S. Attorney's Office 55 Pleasant Street John L. McMillan Federal Post Office Box 580 Building, Room 365 Concord, New Hampshire 03302-0480 401 W. Exams Street Post Office Box 1567 Florence, South Carolina 29503 (803) 665-6688. This juror was so frightened that she requested to be dismissed from service and this request was granted.
. The search also turned up a 9 mm and .380 caliber pistol which ultimately were the basis for the subsequent federal prosecution. In The United States District Court for the Middle District of North Carolina. A deliberate effort is made to cause jurors to be apprehensive for their own safety and the safety of their families. David Skelton, 35, of Derry, had his case taken under advisement. . Agents from the Bureau of Alcohol, Tobacco and Firearms also raided Pasciuti's home in May 1990, seizing several weapons and arresting Anthony Morabito. If a member cooperates, he is put in the "hit file" and will be killed if located. 18. Outlaw motorcycle groups historically have actively participated in the intimidation of witnesses on a large scale.
5. David Vicinanzo and Clyde R.W. A federal ground jury handed up the indictments last week, and 10 of the men were arrested yesterday, including alleged ring leader Charles "Doc" Pasciuti, U.S. Attorney Jeffrey Howard told a news conference. Other federal courts have recently affirmed the right of jury veto power. Nothing appeared to have been taken. Item: 173296062299
Make your practice more effective and efficient with Casetexts legal research suite. ( See AUSA Moore's letter to affiant, dated November 26, 1991, with pamphlet attached, appended hereto at C). I have reviewed a report by Westford (Massachusetts) Police Department Patrolman Hervey P. Cote. Barnes, at 135. 19. ", 2. The two person teams were asked to go out into the field to make their observations as unobtrusively as possible. Federal Building, Room 310 300 E. Washington Street Post Office Box 10067 Clyde Garrigan, Esquire Greensville, South Carolina 29603 Assistant United States Attorney (803) 232-5646 U.S. Attorney's Office 55 Pleasant Street John L. McMillan Federal Post Office Box 580 Building, Room 365 Concord, New Hampshire 03302-0480 401 W. Exams Street Post Office Box 1567 Florence, South Carolina 29503 (803) 665-6688. This juror was so frightened that she requested to be dismissed from service and this request was granted.