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Oct. 07, 2006
Copyright © Las Vegas Review-Journal


PROSECUTION SETBACKS: 'Missteps' in Hells Angels trial

Judge strikes testimony, threatens to ban other witnesses

By ADRIENNE PACKER
REVIEW-JOURNAL

Frustrated by the government's failure to turn over evidence to defense attorneys, U.S. District Judge James Mahan on Friday threatened to prohibit crucial prosecution witnesses from testifying in the ongoing criminal trial against the Hells Angels.

Mahan also struck from the record the testimony of former Hells Angel James Richey, who on Thursday described to jurors the environment during the 2002 Laughlin River Run.

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"It seems like every week there has been a mistake. ... Every week there has been a problem, a disclosure problem," Mahan told Assistant U.S. Attorney Eric Johnson.

"There are missteps that have been made, but this is almost out of control here."

Forty-two Hells Angels were charged with attempted murder and racketeering after a gunbattle between the motorcycle club and rival Mongols during the Laughlin River Run left three people dead and more than a dozen hurt.

Prosecutors claim the Hells Angels conspired to kill Mongols. Defense attorneys claim the Hells Angels were attacked by their rivals and simply protected themselves.

The first batch of Hells Angels, 11 members, have been on trial for three weeks.

Mahan is taking the weekend to consider whether to allow the government to call to the stand two Bureau of Alcohol, Tobacco, Firearms and Explosives agents who infiltrated Arizona Hells Angels chapters during the bureau's investigation of the club.

The ATF videotaped undercover agents Jay Dobyns and Jenna Maguire interacting with Hells Angels members. Defense attorneys claim they received an incomplete set of videos and some of the film they received had no sound.

The two agents were expected to explain to jurors what was happening on the inside of the Hells Angels before the River Run and verify for the government that club members planned to attack.

Dobyns and Maguire received a "Top Cop" award from the National Association of Police Organizations in 2004 for their undercover work with the Hells Angels, according to a press release from the police organization.

Johnson said his prosecution team believed they had the entire set of videos, which were under the control of the Arizona ATF office. When he realized they did not, Johnson said, he sought to obtain the missing film. The videos were brought into the courtroom Friday morning.

"The mistakes that were made were not made in bad faith," Johnson told Mahan.

Failure to turn over all the surveillance tapes was not the prosecution's only problem.

Richey told jurors he signed a cooperating witness agreement with the federal government on June 23, 2005, eight days after he was booted from the Hells Angels.

Richey explained that during the first three months of meetings with federal agents, he only questioned the government about his own protection and the safety of his family. Richey said he never provided any information to agents during those meetings.

But among documents handed over to the defense Thursday night was a paycheck from the ATF to Richey that had not been included in the original log of payments to the informant.

Attorney Tom Pitaro, who was in the middle of cross-examining Richey, said the $2,210 check was dated Aug. 10, 2005, and the receipt stated the money was for "the purchase of information." Pitaro questioned why the government withheld the check, which was clearly written during the period Richey testified he was simply discussing his safety.

"This is the most egregious conduct I've ever seen by a case agent in a federal courtroom," Pitaro said, referring to ATF agent John Ciccone, who was present but said nothing during Richey's testimony. "For the first time in my life, I don't have words to express how outraged I am."

Mahan agreed that receiving information late in cross-examination makes it difficult for Pitaro.

"The strategy in cross-examining this witness is shattered," Mahan said.

Johnson repeatedly told the judge he was disappointed in the manner in which evidence was handled. He added that none of the mistakes has prejudiced the jury or harmed the defense, however.

The 11 defense attorneys crowding the courtroom floor were less than forgiving.

"They're looking to take my client away from his wife and young son for the rest of his life based on mistakes," said Pete Christiansen, who represents Hells Angel James Harrigan.

"In baseball, it's three strikes, you're out," said Pitaro, who asked Mahan to declare a mistrial. "We need a new batter."

Mahan instructed jurors to ignore six hours of testimony from Richey, who was a member of the Hells Angels' Cave Creek chapter during the 2002 Laughlin River Run. Jurors were seen scribbling out pages of their notebooks.

"Failure to disclose has consequences," Mahan told Johnson.

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