A Kingsmen Motorcycle Club patch holder named Emmett Green has apparently agreed to cooperate with prosecutors in the federal racketeering case against 16 members of the club now proceeding in the Western District of New York in Buffalo.
Green reached a plea deal sometime before July 29 and pled guilty to racketeering conspiracy two days ago. It is usual that defendants in racketeering cases who change their pleas from innocent to guilty first negotiate a kind of contract called a “plea and sentencing agreement.” No such agreement has been filed in this case. The agreement is not simply under seal. There is no official record that the agreement exists.
Phil Fairbanks of the Buffalo News has reported that he was in the courtroom when Green pled guilty and “accepted a plea deal Monday that requires him to cooperate with the FBI and others investigating allegations that a civil war within the Kingsmen led to the murders” of Paul Maue and Daniel “DJ” Szymanski outside the Kingsmen’s North Tonawanda, New York Clubhouse in September 2014
The 16 men indicted last March are national president David Pirk; Florida-Tenn- essee regional president Timothy Enix; New York Northern regional president Filip Caruso; New York Southern Tier regional president Emmett Green; and Kingsmen members Andre Jenkins; Edgar Dekay; Jason Williams; Thomas Koszuta; Gregory Willson; Robert Osborne; Stanley Olejniczak; Jack Wood; Ryan Myrtle; Thomas Scanlon; Glen Stacharczyck; and Sean McIndoo.
Green remains in custody and is scheduled to be sentenced on November 9.
He was mentioned about a dozen times in the indictment. According to the government he has been the Arcade/Delevan Chapter President, the New York Southern Tier Regional President, and the New York Regional President of the Kingsmen. Prosecutors had alleged that he sold marijuana and cocaine to government informants and that he participated in at least one assault.
The government has theorized that “certain KMC members sought to establish the KMC as a 1% club” in 2013 “Following the 2013 determination for KMC to became a 1% club,” prosecutors claim, “violence and other criminal activity occurred within and among KMC chapters and clubhouses involving those KMC members who wished to leave the KMC and join rival motorcycle organizations.”
Although if the case was a straightforward as government investigators insist, less of it might be hidden. Last week, a federal judge named Michael J. Roemer ordered:
“That the government’s discovery shall be used by counsel for defendants and defendants solely in connection with pretrial, trial or other proceedings in this action, including any appeals, shall not be disclosed to the public, and shall not be disclosed to non-parties by counsel or the defendants except as necessary in connection with pretrial proceedings, trial preparation or other proceedings in this action, or as needed to investigate the allegations against defendants or communicate with potential witnesses.”
“That copies of the government’s discovery shall not be provided to non-parties except those persons or entities employed or engaged for the purpose of assisting in the defense of this action or as otherwise allowed by this Order.”
And, “That the unauthorized copying, dissemination, and/or posting of copies, or the contents, of the above material on the internet or through any form of social media shall constitute a violation of the terms of this order.”
At the heart of American justice is the conviction that the people must not know what American justice now means, because if they knew they would burn down the courthouse.