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Oct. 15, 2006
Copyright © Las Vegas Review-Journal


Evidence falls flat before jury

Jurors in Hells Angels trial surprised to see flaws in government's case

By ADRIENNE PACKER
REVIEW-JOURNAL





Hells Angels members Calvin Shaefer, left, and Raymond Foakes hug before a plea agreement Wednesday in District Court.
Photo by Jeff Scheid.
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Grainy video, sketches with little meaning and lengthy testimony from drug addicts -- those pieces of evidence had jurors presiding over the Hells Angels trial questioning the strength of the federal government's racketeering case against the motorcycle club.

Four years after the 2002 Laughlin River Run, during which the Hells Angels engaged in a violent battle with the rival Mongols, prosecutors attempted to nail 11 bikers for attempted murder and being a criminal enterprise, a gang.

After a plea agreement ended the trial in its fourth week, jurors said in interviews they were surprised to see so many flaws in the government's case.

"I thought going into the second day of the trial, the government wasn't as prepared as it should have been," said juror Chris Lathrope, a North Las Vegas resident.

During opening statements, both defense attorneys and prosecutors played clips of security video from inside Harrah's casino, where the shootout between rival biker clubs took place.

The government sought to show that the Hells Angels planned and executed an attack against the Mongols. Defense attorneys explained that the Mongols converged on the Hells Angels, pulling knives and guns. The Hells Angels fired back in self-defense.

Bright yellow arrows pointed to each defendant as they maneuvered through the casino. When the fight broke out, jurors said it was difficult to determine who was doing what.

"You couldn't see what was happening because the video was too grainy," Lathrope said.

Juror Drake Freeman said he couldn't see the action occurring out of the camera's view, which led him to believe the Hells Angels could have been defending themselves when they fired their weapons.

"You couldn't see what was happening out of the picture, so it seemed realistic that they could be defending themselves," he said. "It was clear in the video that the Mongols were surrounding the Hells Angels."

The government's case unraveled when U.S. District Judge James Mahan threatened to prohibit two key witnesses from taking the stand. The two Bureau of Alcohol, Tobacco, Firearms and Explosives agents infiltrated Hells Angels chapters in Arizona. Mahan was angry that the government failed to turn over to the defense videotapes of the agents interacting with the bikers.

"The government faced the prospect of sending the case to the jury with substantially less than all of the evidence against the defendants that it possessed," U.S. Attorney Daniel Bogden said in a prepared statement.

Jurors were less than impressed with the evidence that was presented.

Jurors said they failed to understand the significance of Hells Angels sketches that were seized from the homes of two bikers charged in the case. The sketches showed a character with the club's famed death-head pointing a pistol at a figure lying on the ground.

Members of the jury told the defense they thought the artists were talented, but that was the only impression they had of the drawings.

The jury also grew weary when prosecutors questioned two former Hells Angels about each and every clubhouse they visited and whether drugs were seen in the clubhouses.

The government used the witnesses to attempt to prove the Hells Angels ran drugs, particularly methamphetamine, across the country.

"The repetition," Freeman said when asked about the weaknesses in government witnesses Patrick Matter and James Richey.

"I couldn't understand why they asked that over and over and over," Lathrope said, adding that the presence of drugs at a Hells Angels clubhouse was not surprising. "One or two or three bad people doesn't mean the whole club is bad."

In 2003, 42 Hells Angels were indicted on charges stemming from the melee at the Laughlin River Run.

As a result of the plea deal, six Hells Angels members pleaded guilty or no contest to assault charges and will serve no more than 30 months in prison, far less than the life sentences they faced. Charges against the remaining 37 members were dismissed.

Lathrope said she knew little about the Hells Angels before the trial but was impressed by their demeanor.

"Overall, how they presented themselves was very professional," she said.

The feeling from the biker club was mutual.

In a somewhat strange scene, Hells Angel Raymond Foakes addressed jurors after they were informed of the plea deal.

"Please accept our heartfelt thanks," the 44-year-old Foakes said as all the defendants and Hells Angels bikers in the spectator area stood.

Jurors also appeared to show sympathy toward the bikers.

After Mahan excused the jurors on Thursday, many stuck around and mingled with defense attorneys and bikers on the courtroom floor. Jurors shook hands and patted the Hells Angels on the shoulder. Outside the courthouse they continued to chat and share laughs.

Throughout the trial, Mahan continually told the jury not to judge the defendants based on their affiliation with the biker club. He too paid members of the Hells Angels compliments.

Mahan pointed out that the bikers were wearing their colors on the final day and said "you can have whatever associations you want to have." Mahan then noted a Hells Angels shirt worn by defendant Michael Smullen during the trial: "It was a striking black shirt; that was really nice."




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