Zombie Prosecution From Hell

August 26, 2009

All Posts, News

Another shoe may be about to drop in the Mongols case.

This case has never been especially about prosecuting certain law breaking individuals. The various recent cases against the Mongols Motorcycle Club have always been about destroying the club and developing a strategy for destroying all motorcycle clubs.

The Mongols “case,” is actually at least four distinct, continuing cases that are all trying to accomplish the same end. They comprise: U.S. versus Cavazos et al. (case number 2:08-cr-01201); U.S. versus eleven named defendants in Colorado (case number 08-cr-00340); US versus Christopher Bryan Ablett (case number 3:09-cr-00749); and a super-secret, Federal Grand Jury proceeding in Reno that appears to be the spawn of an investigation last year called Operation Domino.

This is where our tax dollars go. But, this multi-headed investigation might be about to consume even more of the federal budget than it already has. This page is comfortable at this time with saying there are four ongoing investigations.

Recent events in three of these cases might be interpreted to suggest that another shoe will drop between September 10th and September 21st.


Christopher Ablett was accused last year of shooting and killing Mark “Papa” Guardado. Guardado was the President of the Frisco charter of the Hells Angels Motorcycle Club. Ablett eventually turned himself in in Oklahoma, had an initial court appearance last November, then disappeared from the public record for about seven months. After that long, federal pause, Ablett was accused of three federal offenses in an indictment filed on July 23rd.

Ablett is accused of being a member of the “Mongols biker gang…a criminal organization whose members and associates engaged in, among other things, murder, conspiracy to commit murder, attempted murder, conspiracy to traffic in narcotics, narcotics trafficking, robbery, extortion, money laundering and witness intimidation.” Most of the Ablett indictment is a reiteration of accusations made against the club in Cavazos et al. and it is not unreasonable to construe the case as a different trying of Cavazos et al. before a different judge.

Ablett is also charged with “murder in aid of racketeering” and two counts of carrying a gun. The racketeering enhancement means Ablett faces the death penalty and if he is convicted he faces a minimum sentence of life in prison.


There were also three sealed cases filed August 18th, August 20th and August 21st in the United States District Court for Colorado by United States Attorney David M. Gauette. The three cases are all titled “in re: Certain Property,” and a usually reliable observer believes that they may be the fruit of a plea deal reached last May with former Colorado Mongol Benjamine Maestas.

Maestas’ plea agreement has been sealed and it has remained sealed despite objections by his fellow defendants. The government opposed publishing the deal on the grounds that to do so “would substantially jeopardize the security and the method of the continuing investigation.” Maestas was scheduled for sentencing on September 10th but 15 days ago the judge in that case, Robert E. Blackburn, continued Maestas sentencing indefinitely.

Los Angeles

Meanwhile, yesterday in the big case in Los Angeles, Cavazos et al., Judge Florence-Marie Cooper agreed to “modify the briefing schedule” in the argument about whether or when the United States has to return property that federal and local police have seized from unindicted members and associates of the Mongols Motorcycle Club. That property includes at least one motorcycle, multiple sets of colors and numerous keepsakes and items of memorabilia. In some cases, this personal property was actually stolen.

The Mongols’ attorney in this matter, John W. MacPete had proposed an order that would require that: “None of the non-indicted members of the Mongols Nation Motorcycle Club, Inc., or any other third party (other than the immediate family members of the defendants), shall be subject to having their property seized pursuant to this order. Any property previously seized from the non-indicted members of the Mongols Nation Motorcycle Club, Inc., or any other third party (other than the immediate family members of the defendants), shall be returned to such persons within twenty (20) days of this order.”

The government then petitioned the court for more time to prepare a reply to MacPete’s proposed order. The government’s requested delay was “made on the grounds that the Assistant United States Attorney assigned primary responsibility for this matter is currently out of the office on sick leave.” That attorney, Steven R. Welk, then proceeded to explain even more lamely in a separate note to the judge that he did not have time to explain why the stolen property should not be returned because he was too busy with other cases and because he had to attend a junket in Santa Barbara.

Yesterday Judge Cooper allowed Welk a delay until September 14th. With the same piece of paper she delayed any ruling she might make on the proposed order until at least September 21st.

The actual reason for the delay in this most secretive and obtuse case is anybody’s guess. In a free society, little children are told, justice should be transparent. In this case, the government hardly even bothers to pretend it is telling the truth. So observers have to guess at the truth. And, the guess here is that the government is stalling because the prosecutors are hiding cards up their sleeves.

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10 Responses to “Zombie Prosecution From Hell”

  1. Damian Says:

    Rest In Peace Benjamine Maestas

  2. Not Surprised Says:

    I dont know, James. I read all 30 something pages of the original indictment though, and it was in there.

    Maybe the feds thought if they throw out enough, something is bound to stick. Regardless, private groups who do not accept government money can decide their own membership.

    Shortly after the indictment last October, The Southern Poverty Center, which also funded and organized a group called Klan Watch, listed this on their site:

    Oct. 21
    Some 61 members of the Southern California-based Mongols biker gang were arrested for crimes including racketeering, murder, drug trafficking and money laundering. Much of the violence was directed at the rival Hells Angels motorcycle gang, but some was motivated by race, according to the 86-count indictment. In one incident, three Mongols beat a black man while shouting racial slurs, and in another, they stabbed a Latina they saw in the company of a black man, the indictment said.

    The Federal Hate Crimes stautes are very harsh and the only legal entity in the US authorized to investigate crimes which violate Civil Rights is the FBI.

    My best guess is some aspiring Deputy DA drafted this section of the indictment, perhpas in hopes of labeling all 1% MC’s (in the future) as such.

    But to my knowledge, other than the initial press release and the above excerpts from the 86 count idictment, nothing more of any substance has been mentioned.

  3. Fatbob Says:

    Color don’t get you thumped – stupidity does.

    Maybe there’s a silver lining in all this. Mongols get their original club back and hopefully, somehow, some peace and riding on the horizon?

    Optomisitic, yeah, but what the fuck – hope for the best – deal with the rest.

  4. JAMES Says:

    Hpw can they call the MONGOLS MC A HATE GROUP?There are mexican and wites in this club, they also have a club hanging out that shows up and parties which has black members, they get along with balcks , whites etc. I see no hate group here, and see nothing but an incident about a BLACK MAN getting supposedly beat up in a bar one time, so where would they come up with the comparison between the MONGOLS MC AND THE KKK?

  5. Mike Says:

    Stalling is a common tactic for both defense and prosecution. Stalling in this case gives the govt time to find another strategy or loophole that allows them to keep the items, ect. This case is far from over and will be very interesting as it develops.

  6. Not Surprised Says:

    Rebel, I would add a 5th prong in the overall atack. One that hasn’t been employed yet, but seems to be held in reserve: Federal Hate Crimes. Naming the Mongols a group like the KKK and prosecuting it brings almost as much punitive damage as a RICO.

  7. Rebel Says:

    Dear CK,

    I have been told, by someone I trust, that he thinks the superseding indictment is coming. I do not have a smoking gun for that, but I think the federales are up to something.

    I will tell you what really pissed me off. A guy who trusted me, asked me when he thought he could get his seized property back and I told him probably October 1st. Then I went and did the work and found out that Judge Cooper had delayed any decision until after September 21st.

    Welk, the US Attorney in charge of property seizure, is clearly stalling. He isn’t sick, he doesn’t have something better to do, he isn’t teaching a class, it is tactical. It isn’t about the criminal charges part of the case. It is about the property seizure part of the case.

    Welk expects something to happen by September 14th that will help his case and that the Mongols attorney will not be able to refute by September 21st. That is how it looks like to me. Maybe they are just stalling. I do not want to unduly alarm anybody

    But, in case the feds are not just stalling I wanted to give other guys who trust me to tell them the truth a little heads up.


  8. FTF Says:

    Stalling is what the FED does best when they don’t have a case, or they have acted in a way that is far from the law. This is obviously a tactic they are using to cover up the misconduct by ATF and other law enforcement agencies. They stall, and pressure defendants into making ridiculous plea bargains so they can declare a victory to the masses. TV and newspapers will report this victory and many will get promotions, elections will be won, and the next guy in line for the gavel will get fucked even harder. This is the American Justice System at it’s best…..

  9. JAMES Says:

    REBEL, as either you or someone else stated, they looked for the cops, feds etc. to not do as the JUDGE COOPER says and try to keep all these items, I look for the feds to be in a bit of trouble themselves for not being truthful and acting like NAZIS before this is over and they are only trying to cover their tracks, my opinon.

  10. Ck Says:


    What do you think is brewing out of all this?

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