Aryan Warriors criticize plea deals

Charles Gensemer spent time in prison for a burglary he committed as a teenager and has been a free man since 1996.

Now the federal government is willing to release violent offenders early so it can put him back behind bars, said his lawyer, Osvaldo Fumo.

Gensemer, 45, is one of six Aryan Warriors being tried on federal charges of being involved in a criminal organization that controlled all the prison yards in Nevada.

According to the indictment, the men bribed prison guards, sold drugs, ran gambling rings and beat up other inmates.

Fumo said his client is simply a drug addict who was busted making methamphetamine at a Las Vegas home.

"They want to allow violent criminals back on the streets in order to get a drug dealer," Fumo said of the deals and offers handed out by the government.

Fumo said one of the government's more notable witnesses will be Bryan Crawley, who is serving life without parole after being convicted last year in the slaying of Las Vegas businessman John Herda.

Fumo said Crawley, like other witnesses who have testified against the Aryan Warriors, could receive a reduced sentence if he helps the government secure a conviction.

The U.S. attorney's office has declined to discuss the case.

Defense attorneys said they are frustrated the government is offering deals to violent criminals who are not being truthful on the stand.

The first government witness to testify was Michael Kennedy, a former Aryan Warrior in prison for killing a child while driving under the influence in Washoe County. Kennedy, who signed a plea agreement, offered details about the inner workings of the Aryan Warriors organization.

Lawyer Chris Rasmussen, who represents 31-year-old Robert Young, said Kennedy was one of the most violent of the Aryan Warriors.

"He ordered a hit on Charles Mackey, and he gets a deal?" Rasmussen said, referring to an inmate stabbed 88 times at the direction of Kennedy, a leader of the Aryan Warriors.

Fumo said the government is willing to recommend a lighter sentence for witness Michael Calabrese, who faced state and federal charges for robbing a convenience store. The state charges were dropped under a plea agreement.

"His sentence could be reduced down to nothing," Fumo said. "He went from facing life without (parole) to being back on the streets."

Defense attorneys also questioned the credibility of Calabrese, who initially denied being involved in the armed robbery before acknowledging during cross examination that he had been involved.

One plea agreement involved Michael Alvarez, a Hawaii native serving a 30-year sentence for attempted murder and robbery. Alvarez was transferred to the Nevada prison system in 2004 after he cooperated with Hawaiian authorities in a prison investigation.

Defense attorneys claim part of Alvarez's deal allows him to receive hormone treatment for a sex change.

U.S. District Judge Kent Dawson would not let defense attorneys dig into the matter, and prosecutors said the defense's interpretation of the agreement is "skewed."

But in a May 8, 2008, letter to Assistant U.S. Attorney Kathleen Bliss, Alvarez discussed his need for treatment and noted he is probably "the first genuine transsexual to come through here."

"All I wanted to do was get treatment for my gender disorder," he wrote. "No one knows what it's like to be a 'Type 5' transsexual."

Alvarez testified he opted for counseling instead of the hormone treatment.

"I've heard some weird stuff, but not that," Fumo said of the plea agreement.

Defense attorneys claim Alvarez is the second government witness who was not truthful. At a grand jury hearing, Alvarez said he did not use drugs.

When he testified Thursday, he told jurors, "I just wanted to get high and be left alone."

Fourteen Aryan Warriors were arrested and charged with conspiracy in July 2007. Eight entered plea agreements. Four of the six on trial, including Gensemer, were out of prison when they were arrested.

Contact reporter Adrienne Packer at apacker@reviewjournal.com or 702-384-8710.