Prosecutor Fires Bandido’s Lawyer

January 27, 2017

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Prosecutor Fires Bandido’s Lawyer

A federal prosecutor in San Antonio named Eric Joseph Fuchs just convinced a federal magistrate named Henry J. Bemporad to fire former Bandidos National President Jeffrey Pike’s lawyers. Bemporad will not preside over Pike’s trial. Federal District Judge David A. Ezra will. Federal magistrate judges assist district judges on pretrial matters such as arraignments, bail and – it now appears – whether a presumably innocent defendant has a right to his choice of lawyers.

The decision is based on secret evidence. The entire public record of the firing, entered this morning, simply states: “Attorney Kent A. Schaffer; James Max Kennedy and Cynthia Hujar Orr terminated as to Jeffrey Fay Pike.”

Bandidos OMO

Fuchs has been trying to fire Schaffer since October 18 and virtually all of the arguing has taken place in secret. Schaffer is very highly regarded as a formidable advocate.

In a motion filed December 20, Fuchs claimed to have evidence that “demonstrates that Mr. Schaffer entangled himself, be it knowingly or unknowingly, to an extraordinary degree in the activities of the Bandidos OMO. Numerous witnesses will testify that Mr. Schaffer reviewed legal paperwork for the Bandidos OMO and at least one recorded conversation supports that. Mr. Schaffer has denied that allegation. But as the Court has noted, the issue at this time is not the veracity of the allegations – even without going into the factual merits, this very dichotomy raises a number of issues which give rise to an unwaivable conflict of interest that respectfully must be addressed by the Court.

“Although the government is not averring that Mr. Schaffer is involved in criminal conduct, it could be inferred by the finder-of-fact that Mr. Schaffer was complicit in the narrative in some way, or that Bandidos OMO members utilized Mr. Schaffer when he represented them to review legal paperwork for ulterior enterprise motives, or that the enterprise used Mr. Schaffer’s name as part of their scheme to silence and intimidate members without Mr. Schaffer’s knowledge or consent. The latter could prove consistent with Mr. Schaffer’s proffers to the Court thus far. Either way, Mr. Schaffer becomes a fact witness.”

In a nutshell, Fuchs formal objection to Schaffer is that Pike’s lawyer once represented two former Bandidos who may testify against Pike at trial. But the formal argument appears to merely be a ruse to force Pike to hire less competent counsel.

Special Agent Says

In a reply filed on December 30, Orr – speaking on behalf of Schaffer, Kennedy and herself wrote: “The Government, citing no authority to do so, has filed a supplemental motion to disqualify Pike’s counsel of choice using ex parte hearsay and without any competent evidence in support of the motion. That is, the Government seeks to present a hearsay affidavit from Special Agent Chad Lloyd, ex parte, alleging that two witnesses were previously represented by Mr. Shaffer.” Agent Lloyd’s affidavit and the two anonymous witnesses are the basis for Bemporad’s disqualification of Pike’s lawyers.

In a response filed just Monday, Orr argued: “The Government claims that Mr. Schaffer wittingly and unwittingly assisted his former clients in providing legal advice to them in a manner that somehow met the alleged illegal goals of the Bandidos Motorcycle Club. Necessarily, this requires these two former clients to have disclosed the representation and their communications with Messrs. Schaffer and Kennedy to the Government. Such disclosure to third persons constitutes waiver of the attorney- client privilege.”

“…the affidavit is triple rank hearsay. In it an agent relays what other documents and other agents have told him. In addition, the agent relays what confidential sources or cooperating defendants have said regarding “unwritten rules,” which were presumably heard from yet others, and that these persons or sources have also relayed, that others who are arrested and plead guilty must provide their plea paperwork for review by higher ranking Bandidos. Again, this is triple hearsay. Since the rules of evidence apply to a motion to disqualify, such triple hearsay is not admissible in a disqualification proceeding.”

“For example, witness One at page 3 ‘was informed’ and ‘was told’ something by others. Witness One then told the Agent Affiant. The Affiant represents that this witness was represented by Mr. Schaffer and Mr. Kennedy in a criminal matter while the witness was a member of the Bandidos. Witness One states that he will testify at Mr. Pike’s trial and also states that he is not willing to waive client confidentiality. ‘Witness Two was previously represented by Mr. Schaffer… Witness Two will testify at Mr. Pike’s trial and… he is not willing to waive client confidentiality.’ However, these witnesses have already done so by providing the Government information about their representation by and communications with Mr. Schaffer and Mr. Kennedy.”

Orr went on quite reasonably for 10 pages. It didn’t matter. In the end, a magistrate has ruled that Jeff Pike can’t have the lawyer he wants.

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18 Responses to “Prosecutor Fires Bandido’s Lawyer”

  1. East Coast Says:

    And taking away another Bikers right to his lawyer….
    But we pay for illegal immigrants to have a lawyer they cannot afford to fight deportation. Continuous help for those that are here illegally and shouldn’t be here, but continued persecution of Americans if they prefer two wheels to four.

    FTP
    FTF
    FTUO

  2. RLG Says:

    An active duty cop can sit on the grand jury, but a defendant cannot choose his own legal council. Got it.

    I am starting to lean towards Sieg’s past proposed solutions…

  3. Shovelhead Says:

    I see someone else is using my name again…”Shovelhead” I’ve been using this on Rebels site for years, please find another name to use.

  4. Shovelhead Says:

    reyna refuses to prosecute Baylor administrators, football staff and players for rape and sexual assault of the young women that have came forward with sound evidence. Where is justice? He must be held accountable.

  5. donny brasco Says:

    I never knew the game of telephone was played by anyone over 7 years old! this sets up for a appeal.

  6. LoneWoofWoof Says:

    anon Says:
    January 27, 2017 at 8:09 pm
    How often does this happen? The only other example that comes to mind is Bruce Cutler being barred from representing John Gotti about 25 years ago.

    Rebel writes: In a nutshell, Fuchs formal objection to Schaffer is that Pike’s lawyer once represented two former Bandidos who may testify against Pike at trial.

    https://dqed.com/2015/01/29/disqualifying-criminal-defense-counsel/

  7. popeye Says:

    The courts have a million ways to fuck you. Its never a fair fight

  8. IronRider Says:

    And Que the appeal being filed in 3, – 2, – 1 .The fact that this secret evidence against the Defense team and ex-parte at that shows you that there is not an even playing field being had hear.

    From what I have read this alomost sounds like some girls sitting there chatting about how this or that came about because mary happened to hear about it from kim who happend to have a friend who was in the girls washroom sitting on the bowl and happened to overhear a conversation about someone saying betty was just loaded at Tom’s party and things were crazy at tom’s house, so the friend told kim who then saw mary and told her what her friend had over heard in the washroom which sent mary off to go find some of the crowd to report all the saucy going’s on at Tom’s party.

    Really that sounds about the gist of it, I dont really blame Orr for going on about how this ex parte hearing was a one side affair and that she and the rest of the defense team have been effectively shout out of being able to provide evidence or testimony to counter Fuchs’s or the Agent’s assertions that there is a conflict of interest.

    We all get a magistrate most of the time is just really a rubber stamp to approve or reject how far something goes, and are basically there to make sure the presiding Judge isnt bogged down with shit in the court calendar.

    The mere fact that all the sneaking around and second hand information has been allowed to be put forth without even the defense being allowed to challenge it screams blindside. I do not see this being allowed to play out without a Judge somewhere along the line granting a hearing with all present and allowed to dispute the facts at hand that the magistrate judge considered to make their ruling.

    Not only go I imagine the defense team is pissed but I do see criminal trial lawyers and their association standing up and going WTF this isnt right and voicing their concerns and even throwing in a filing about the dangerous precedent this ruling sets for other courts to adopt when the prosecution is in tough with a formidable opponent.

    This will be appealed you can bet on it. I suspect there will be a hearing with these three defense counsel present and the presiding judge imposing a Waco like gaga order on the details that led to the magistrates ruling and the hearing if the prosecution allegation have merit, and if they dont get ready for someone from the prosecution putting on their red nose, and big red floppy shoes for that new careers they will be starting soon at kids parties making balloon animals

  9. John Bostick Says:

    Texas Attorney General Ken Paxton’s trial on criminal securities fraud charges is set to begin May 1 in Collin County. Collin County District Attorney Greg Willis, a close friend of Paxton’s, recused himself from the case. The county asked three private criminal defense attorneys, Kent Schaffer, Brian Wice and Nicole DeBorde of Houston, to take over as special prosecutors.

    Kent Schaffer being one of the prosecutes of Ken Paxton may have bearing on the feds fear of the bogus charges of racketeering they’ve trumped up against the Bandidos

  10. anon Says:

    How often does this happen? The only other example that comes to mind is Bruce Cutler being barred from representing John Gotti about 25 years ago.

  11. Paladin Says:

    Schaffer might be able to fuck Fuchs from a position of second chair.

    @ phuquehed,

    Well said.

    Long May You Ride,

    Paladin

  12. Wow! just wow... Says:

    Above and beyond all matters that you see here, the government has just managed to steal 1/2 to 3/4 of $1 million that the defendants already spent on the defense with this attorney.

  13. Paula Carroll Swann Says:

    He knows he doesn’t have a case against Pike, and knows that he can’t win against Schaffer. This is down right DIRTY. The corruption…

  14. Johnny Rotten Says:

    fuckin pussy move…
    no surprise there
    more fuckin fucks…
    we are besieged….

    respects to those deserving

    johnny

  15. Phuquehed Says:

    And in other news…today NASA let slip that travelling to Mars, Venus or Mercury is possible and quite easily and cheaply, but they also went on to say that it would still be far cheaper and easier to just visit Texas if one wished to simply see the zaniest beings known to mankind presently in the galaxy, especially those that work in the Texas so-called justice system..

  16. dogbreath Says:

    Sieg, all you had to say was TOSIAR.

  17. Sieg Says:

    Un-fucking-real.

    I mean this one takes the cake and tosses that mofo right out the window.

    How any official in the land can say “due-process” with a straight face is way yonder beyond me.

    FTF / FTP
    TOSIAR

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