New Judges In Mongols Case

February 1, 2010

All Posts, News

What remains of the 17-month-old, federal racketeering case against 78 members and associates of the Mongols Motorcycle Club has now been assigned to two judges in separate counties in Southern California.

Florence-Marie Cooper, who previously presided over the Mongols case died January 15th. She will be replaced by the Honorable Otis D. Wright and the Honorable David O. Carter. Both men are former Marines. The reassignments were made by the Chief Judge of the Central District of California, Audrey B. Collins.

The Mongols case has now lingered so long that the United States Attorney who brought the case, Thomas P. O’ Brien and the judge who would have tried the case have both quit the scene. The defendant for whom the case United States versus Cavazos and others is named, former club President Ruben “Doc” Cavazos, made a deal to plead guilty more than a year ago.

The case continues to hang like a rusty ax over the heads of at least fifteen, presumably innocent, defendants. Their trial was originally scheduled for December 16th, 2008; continued until July 21st, 2009; then postponed until November 24th 2009; postponed again until April 13th, 2010 and now may be postponed again. Most of the proceedings in the case so far have been in Los Angeles. When the trial finally begins, it will probably be held in Santa Ana which is about a 40 mile drive from most of Los Angeles.

Carter

Judge Carter is the more highly regarded jurist. He graduated with honors from the University of California at Los Angeles, did a tour in Vietnam and attended UCLA law school after his return.

He is a former prosecutor and in his spare time he teaches an undergraduate class on the “international narcotics trade” at the University of California at Irvine. He was appointed to the federal bench by President Clinton in 1998 and has presided over high profile trials against members of the Mexican Mafia and the Aryan Brotherhood. Last year he dismissed a lawsuit that claimed Barack Obama could not become President because he was “foreign born.”

Carter is fairly widely regarded to be punctilious and “hard nosed.”

The cases of 22 defendants, including all the defendants who have not yet entered a plea, have been assigned to Carter. Those defendants are: Hector Gonzales, Jr.; Anthony Mark Tinoco; Michael Bill Munz; Peter Soto (who has not yet been arraigned); Robert Vincent Rios; Manuel Armendarez; Mark Garcia; Horacio Ponce; Felix Figueroa; Jorge Viramontes; William Owens; John Jay Morien; Alessandro Lopez; Manuel Melgoza; Harry Reynolds; Ismael Padilla; Renato Gomez; Alfonso Solis; Ismael Padilla, Jr.; Thomas Alarcon; Jose Morales; and Lance Eustice.

Hearings for those defendants will probably be held in Room 9-160, Courtroom 9D of the Ronald Reagan Federal Building at 411 West Fourth Street in Santa Ana, California.

Wright

Judge Wright is less esteemed. He graduated from California State University at Los Angeles in 1976 and Southwestern Law School in 1980. He is a former L.A. County Sheriff’s Deputy and a former prosecutor. He has spent most of his legal career as a private practice civil attorney. He has been a judge for about four years and he was appointed to the federal bench by President Bush in 2007.

Judge Wright has described himself as an “opinionated and judgmental son of a bitch,” which also seems to be the way criminal defense attorneys see him. One defense attorney has publically described Judge Wright as ruling “with an iron fist, and a tin-foil mind.”

Judge Wright will handle the sentencing for the defendants who have not been assigned to Judge Carter.

Those men will stand before Judge Wright to be sentenced in Courtroom 11 of the Spring Street Courthouse at 312 North Spring Street in Los Angeles.

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48 Responses to “New Judges In Mongols Case”

  1. GIXXR Says:

    In any case, Walter Ramirez is still locked up. I got screwed in court and the lawyer he had representing him didn’t help. Waist of Fucking money. Now his family is trying to find a way to get a competent lawyer that will actually work the case and get him out of this bullshit sentence. The last time I spoke to Walter he told me he as done and just wanted to patch thing up with his family. Our family prays for your release. God Bless!!

  2. GIXXR Says:

    In any case, Walter Ramirez is still locked up. He got screwed in court and the lawyer he had representing him didn’t help. Waist of Fucking money. Now his family is trying to find a way to get a competent lawyer that will actually work the case and get him out of this bullshit sentence. The last time I spoke to Walter he told me he as done and just wanted to patch thing up with his family. Our family prays for your release. God Bless!!

  3. ruffrider Says:

    REBEL

    Don’t be shy. Tell him how you really feel.

    respect
    rr

  4. Rebel Says:

    Dear Seekeroftruth,

    Don’t call me a liar again. I allow you a voice here. Speaking here is not your right. It is my call. And when I do allow you to speak, you go out of your way to insult me in the most confrontational possible way. You don’t disagree with me or question why I say what I say. You try to run your mouth with me.

    You speak with the arrogant voice of someone who has never been victimized — of someone who has always been a victimizer. And, I will tell you in the most reserved way that what you need first is a good punch in the mouth.

    Since you refuse to take my word for it, may I suggest you begin, just begin, let me know when you get through these and I will give you some more, with “Litigating Brady versus Maryland: Games Prosecutors Play” by Bennett L. Gersman; “The New Russian Roulette: Brady Revisited” by Jannice Joseph; “The Serpent Beguiled Me and I Did Eat” by Gerald Dworkin; let’s see, R. Michael Cassidy’s “Soft Words of Hope–Giglio, Accomplice Witnesses and the Problem of Implied Inducements;” “Privacy, Accountability and the Cooperating Witness” by Carne Myers Morrison; Ethics and Plea Bargaining –What’s Discovery Got to Do With It” by Ellen Yaroshefsky and also see the cases Wood v. Bartholomew; US v. Sherlin; US v. Bencs; Pennsylvania v. Ritchie; US v Maples; US v Susskind; US v Williams; US v Minsky and US v Hughes. I think with one exception the sources I suggest are all law faculty.

    And then when you read that if you would like to read some more or if you would like to chat, I will tell you about what I have observed. Okay? I don’t think this will get that far but I am always open to reasoning together.

    You don’t sound reasonable. You don’t sound like a prosecutor. You don’t sound like a cynic or a politician who once upon a time loved the law. And, obviously you are not a defense attorney. You sound like ATF. Maybe a smart local cop –a training officer or something like that. You sound very sure of yourself. Probably ATF. You sound like a bully. And, I think I hit a nerve.

    Bully somebody else. Please don’t push my on button. I eat bullies.

    Rebel

  5. Jabba Says:

    Seekeroftruth>> So, instead of picking up on any inaccuracy of the facts of any particular case, you choose to pick holes in our hosts’ understanding of legal technicalities. Which, I might add, he appears (to an ignorant foreigner), to have rebutted pretty damn well.

    Strikes me that the man has a pretty fucking good grasp of the practical, every day operation, of such legal technicalities, easily the equal of your own. Your attack, such as it is, appears to be a bit like the kind of internet character we, who are ex-of-the-UK, call a “complete wanker”, the kind that attacks someone’s spelling when they can’t argue a point properly.

    Sled, I’m not sure this particular flavor of motherfucker strikes me as LE, more like some jerk-off little law student sitting in his parents’ basement, trying to talk like he thinks a man should, between surfing T-girl porn sites and anything of a maternal incest theme.

    Seekeroftruth – grow the fuck up, learn some manners when you’re in somebody else’s house and make a point worth making.

    You haven’t so far.

    With our hosts’ permission, if you’d like to discuss the etiquette of having a bit of fucking respect for your betters, whilst in their house and under their rules, then Rebel has my full permission to pass on my e-mail details to yourself.

    I’m not in the business of showing anything to anybody, I’m just a tattooed, Harley-riding stereotype, with a black belt in fucking up fatuous, complacent, condescending pieces of shit… such as you.

    Educating the fucking ignorant is never a waste of time, but occasionally a waste of blood.

    LL&R

    Jabba
    SYLO

  6. Seekeroftruth Says:

    “Who told you that you could be so fucking rude to me?”

    You brag on this blog about being rude to people, why would expect that others can’t also be rude. However, I wasn’t being rude, I clearly pointed out that you flat out lied about how a prosecutor may handle discovery of exculpatory information. I did nothing more than state the truth.

    “The easy way to circumvent both of them is to force a plea bargain. No trial. No problem.” BS. The discovery conference is set for a few weeks after the prelim/detention hearing. The defense never accepts a plea before they start getting their discovery.

    “One way to circumvent Giglio is a prosecutorial strategy called “loving your rat.” In a really complicated case, the prosecutor cannot be expected to know everything. So if the prosecutor doesn’t know, no violation. And, by the prosecutor “knowing” I mean being able to prove the prosecutor “knew.””

    I suggest you read the caselaw again, because your claim on this matter is again a complete and utter lie. In the Giglio case the prosecutor claimed he did not know of the deal made with the witness by another prosecutor. The Court did not care, and ordered a new trial, because the government is required to turn over all Brady material, and one person’s ignorance of a particular fact does not excuse the government from it’s responsibility to turn over all exculpatory material. Read the Court ruling, it’s all there, and proves you are again lying.

    “If a defender sees no evil, legally there is no evil.”

    Again, that is untrue. See Agurs.

    “I do not know if you are a stupid motherfucker or a rude motherfucker or both but you are definitely some flavor of motherfucker.”

    No, I’m a guy who is smart enough to spot a blatant lie, and willing to expose it.

    “You put me in the mood to go kick somebody’s ass. You fatuous, complacent, condescending piece of shit you.”

    ///START SACASM/// Wow, way to show that “bikers” are just misunderstood guys, and not thugs and gang members. ///END SARCASM///

    “Thanks for reading. Thanks for commenting.”

    You’re welcome.

  7. sled tramp Says:

    Seekeroftruth,
    Yeah, you’re federal legal.Seeker of fabricated hypocrisy is more like it.As long as you can sleep at night right it’s all good right?
    Free all big house crews,
    sled tramp

  8. Rebel Says:

    Dear Seekeroftruth,

    Who told you that you could be so fucking rude to me?

    Yeah, I know about Giglio and I know about Brady and I know how prosecutors circumvent them.

    The easy way to circumvent both of them is to force a plea bargain. No trial. No problem. More specifically, in the case of Brady materials, an ethical breech may be asserted after the trial. AFTER THE TRIAL!

    One way to circumvent Giglio is a prosecutorial strategy called “loving your rat.” In a really complicated case, the prosecutor cannot be expected to know everything. So if the prosecutor doesn’t know, no violation. And, by the prosecutor “knowing” I mean being able to prove the prosecutor “knew.”

    In both cases, a defense attorney, usually like a federal defender, has to give a shit and has to have the where with all to actually find out that Brady and Giglio materials have been withheld. That is step one.

    If a defender sees no evil, legally there is no evil.

    I do not know if you are a stupid motherfucker or a rude motherfucker or both but you are definitely some flavor of motherfucker. I bet you are either a cop or a prosecutor motherfucker. You put me in the mood to go kick somebody’s ass. You fatuous, complacent, condescending piece of shit you.

    Thanks for reading. Thanks for commenting.

    your pal,
    Rebel

  9. Rebel Says:

    Dear Life89,

    I think it is Pregerson, with an “e.” I don’t know anything now. Ask me again in a couple of days.

    your pal,
    Rebel

  10. Life89 Says:

    Rebel,
    Do you know any information on Judge Dean Pragerson? I understand that is also view some of the cases for a few Mongols.

  11. Seekeroftruth Says:

    I have no doubt that you’ll delete this comment, as it clearly shows your dishonesty. However, perhaps it will be here long enough for some to see the truth.

    The following lie from you, “The Aging Rebel” should be exposed:

    “The prosecution can even know that one of their key witnesses is a pathological liar, for example, and they do not have to disclose that even at trial. They can even know that a defendant is “factually innocent” and they do not have to disclose that.” – Rebel, February 3, 2010 at 2:21pm.

    The US Supreme Court ruling in Brady v. Maryland, 373 U.S. 83 (1963), requires that the government discover all material favorable to the defense. The Court ruling in Giglio v. US, 405 U.S. 150 (1972), requires the government to disclose to the defense any information related to the credibility of government witnesses, including LE officers. The Court ruling in US v. Agurs, 427 U.S. 97 (1976), requires that the government give all favorable material to the defense even if the defense does not ask for it.

    You claim to be knowledgeable of the law, and specifically how it applies to criminal prosecutions of members of motorcycle clubs. That means you are either a) lying specifically about the prosecutors’ requirements to disclose exculpatory information to the defense, or b) lying about how much you actually know about the law and what really occurs during criminal prosecutions, or c) lying about both a and b.

    For those that doubt what I’ve said about those US Supreme Court rulings you may read the decisions from the Court here:

    Brady: http://supreme.justia.com/us/373/83/case.html

    Giglio: http://supreme.justia.com/us/405/150/case.html

    Agurs: http://supreme.justia.com/us/427/97/case.html

  12. Seekeroftruth Says:

    I have no doubt that you’ll delete this comment, as it clearly shows dishonesty. However, perhaps it will be here long enough for some to see the truth.

    The following lie from you, “The Aging Rebel” should be exposed:

    “The prosecution can even know that one of their key witnesses is a pathological liar, for example, and they do not have to disclose that even at trial. They can even know that a defendant is “factually innocent” and they do not have to disclose that.” – Rebel, February 3, 2010 at 2:21pm.

    The US Supreme Court ruling in Brady v. Maryland, 373 U.S. 83 (1963), requires that the government discover all material favorable to the defense. The Court ruling in Giglio v. US, 405 U.S. 150 (1972), requires the government to disclose to the defense any information related to the credibility of government witnesses, including LE officers. The Court ruling in US v. Agurs, 427 U.S. 97 (1976), requires that the government give all favorable material to the defense even if the defense does not ask for it.

    You claim to be knowledgeable of the law, and specifically how it applies to criminal prosecutions of members of motorcycle clubs. That means you are either a) lying specifically about the prosecutors’ requirements to disclose exculpatory information to the defense, or b) lying about how much you actually know about the law and what really occurs during criminal prosecutions, or c) lying about both a and b.

    For those that doubt what I’ve said about those US Supreme Court rulings you may read the decisions from the Court here:

    Brady: http://supreme.justia.com/us/373/83/case.html

    Giglio: http://supreme.justia.com/us/405/150/case.html

    Agurs: http://supreme.justia.com/us/427/97/case.html

  13. proudmongolwife Says:

    I totally agree with your statement J. this whole thing is just absolutely rediculious or should i say “BULLSHIT”. Now it leaves me thinking of what my husband is gonna get slammed with. Seems to me the government got what they wanted. Seeing these guys behind bars for a while. Like i have said before i guess in the federal system you get less time for taking someones life and someone who sells dope gets slammed with more years. I would like to say that BUMPER should have gotten a more lenient sentence than the 9 they gave him. That is just chicken shit. But stay strong BUMPER we never know what the road ahead of us has in store waiting!!!!

  14. J Says:

    Rebel
    I just wanted to let you know that today I was in court to see Roger (Stamper) Martinez and Walter (Bumper) Ramirez for there sentencing. Roger received 30 months, which gives him about 6-8 left to go. Walter got screwed…….he received 108 months. What’s wrong with this picture? Even the Judge said at the beging that the Government had no proof that he ever sold drugs. All he did was make Phone calls with an intent to sell. Apparently its the same charge if you actually sell or just intent to sell. 9 year for a freaking phone call!!!! So can I go to prison if I say I’m broke and would like to rob a bank????????? Walter has been out of the club since he was released over the Morongo case. Looks like he is going to do even more time than Doc, Who according to the Feds was the master mind behind all the illegal crap. Just doesn’t sound like justice to me.

  15. Life89 Says:

    Rebel,
    Where can I view the daily schedule for Judge Wright?

  16. Rebel Says:

    Dear Nookster,

    It usually means something like a 5K1 and or a 3553 agreement which allows a sentence below the range of federal sentencing guidelines in return for “substantial assistance” in the prosecution of another person. Usually but not necessarily.

    Trevino was accused of selling four AKs to an undercover so that isn’t it. Bullshit charge. The indictment states he recruited a cop, presumably John Carr, into the club and since Carr is not a defendant that isn’t it either. Another count of an allegedly illegal gun sale to, let’s presume it is, Carr. More bullshit. And then, Trevino was part of the bogus, 20 kilo cocaine deal where one cop sold a big pile of white powder to another cop while some bikers watched. That could be it. He is also accused of several drug deals with other members of the club. That could be it, too.

    Or finally, the sealing of these documents could be entirely innocent. This could all be the appearance of a betrayal contrived by the government to put pressure on the remaining defendants. Apparent betrayals have been contrived by the prosecution in this case before. It could all be a mind game and Trevino’s lawyer told him to play along.

    I do not know. The longer I stare at this case the more Byzantine it all looks to me.

    Rebel

  17. Nookster Says:

    Thanks for the info Rebel
    I’m not there and I don’t know, but whenever a sentence is sealed it usually only means one thing……. hope its not true.

  18. Rebel Says:

    Dear Nookster,

    On January 28, Sam Trevino was scheduled for sentencing by Judge Wright for last Wednesday, February 10 at 1:30 pm. On January 29, Trevino’s attorneys filed a “reply position paper” under seal. The sentencing was removed from Judge Wright’s schedule on February 5.

    Trevino was, in fact, actually sentenced on February 10. I was not there so I do not know whether it was held in the courtroom or in the judge’s chambers. I suspect he was sentenced in chambers. The minutes of sentencing and judgment and Trevino’s judgment and commitment are both sealed documents. His sentence is, at present, an official state secret.

    Rebel

  19. ANARCHYFACTORY Says:

    punk never done

    http://www.aolnews.com/2010/02/11/atf-agent-worries-about-the-hells-angels-and-his-own-agency/19355185/?icid=main|htmlws-main-n|dl1|link3|http%3A%2F%2Fwww.aolnews.com%2F2010%2F02%2F11%2Fatf-agent-worries-about-the-hells-angels-and-his-own-agency%2F19355185%2F

  20. Nookster Says:

    Hey Rebel,
    Do know what Sam Travino’s sentence was? He’s a nam vet who use to work or volunteer at the vet center in Vegas. He helped vets with thier PTSD claims. He also hustled up sleeping bags and coats for homeless vets. Thanks Bro

  21. Grumbler Says:

    Rebel – was wondering whether you’ve had the opportunity to compare the USA justice system (or lack thereof) with that of the Canadian legal system. IOW, would members of a 3-piece patch club be better off in the USA or Canada should they be charged with a crime?

  22. proudmongolwife Says:

    TO THE GIRL THAT I SEE WHEN I GO AND SEE MY HUSBAND!(U KNOW WHO U R)
    IT HURTS ME TO SEE YOU CRY GIRL! I KNOW EXACTLY WHAT YOUR GOING THRU. ALL I CAN SAY IS I KNOW WE DONT REALLY KNOW EACH OTHER BUT I WILL BE THERE FOR YOU AS MUCH AS I CAN. KEEP YOUR HEAD UP GIRL AND STAY STRONG. AND TO THE HUSBAND EVERYTHINGS GONNA BE ALRIGHT, THE LORD WILL HELP OUT OF THOSE IN NEED. YOULL BE HOME SOON WITH YOUR FAMILY WHERE YOU BELONG.

  23. Rebel Says:

    Dear Bud,

    Right to a speedy trial becomes violated when everybody agrees it has been violated. In the Mongols case, the prosecution doesn’t want to go to trial because it might be embarrassing. The defense doesn’t want to go to trial because they do not know what the prosecution has for evidence. So they both petition the judge for a continuance.

    The Mongols Attorneys, because this was an unprecedented case, were slow off the mark on this one. A strategy that the Pagans attorneys are very aggressive about is trying to make as many separate trials out of that case as possible. The Pagans attorney’s have the advantage of looking at the Mongols case. Everybody has 20-20 hindsight.

    Something more on the Pagans case soon.

    your pal,
    Rebel

  24. 10Guage Says:

    Yo Rebel,
    Your boxing analogy was right on the money I thought… I was looking all over for it but it has disappeared…Or was it really ever there? Fetty what you been putting in that rust? rust rust ruuu…

  25. Bud Says:

    Rebel,

    I understand perfectly. As usual the laws are put in place to favor the ones who make/uphold them.

    At what point, with all the delays on the prosecutions part, does right to a speedy trial become violated?

    Thanks for the insight.

    Bud

  26. Rebel Says:

    Dear theone,

    It is all pretty much top secret and hush, hush. Doc Cavazos is officially scheduled for sentencing On Washington’s Birthday, Monday, February 22. I do not have a time. And, I am pretty sure it will be rescheduled.

    The only way to find out is to check Judge Wright’s schedule daily. One day it will be there. Many of these sentencing hearings get pushed around and rescheduled.

    Target Owens got bullied into a plea deal last Sunday, by the way. You may want to know. Target from Ventura? I think he was very set up by an under cover in this case and I had hoped to someday see him at trial. I thought this was one of the classic set-ups in this investigation. Target did tattoos, I am sure you know. He tattooed “Dirty White Boy” on the UC who set him up. Then the secret agent set him up on a crank deal. Anyway, I feel bad for Owens. I do not necessarily feel for every guy who gets sentenced but I feel for this guy.

    I do not yet know how much of this whole case was the result of ATF Agents and confidential informants encouraging Doc Cavazos to be a moron and how much of this case was just the result of Doc being a moron. But Cavazos sure brought a world of hurt down on a lot of people. I feel bad about that, too.

    I am interested to see what Doc gets. The clue will be how he is dressed at his sentencing, in a jump suit or a business suit, and whether he still has his tattoos. I want to see if he is humbled or still proud. My guess is he will still be proud.

    Disco Duck? Isn’t that what they used to call him in the old days? Disco Duck? Or was it Disco Bunny. I forget.

    Keep the faith,
    Rebel

  27. theone Says:

    hey rebel! when does Doc Cavazos get sentence?.

  28. TigGirl Says:

    As addendum to Rebel’s post:
    “Evidence dump. The more complex the federal prosecutors can make any case the bigger the threat of an evidence dump. It is a game. It is not fair. It is about federal bureaucrats winning paper victories to get more funding for next year. ”

    This is also very, very expensive for the defendant. Which, in turn, becomes another tool in the fed’s torture chamber.

  29. Rebel Says:

    Dear Ric,

    It probably will not make much difference. I think the real victory the prosecutors were looking for were guilty Pleas to count one. The pre-sentencing report is probably more important than a new judge.

    There is some slight potential for harsher sentences than Judge Cooper might have imposed. I think it is probably about nine to one that Judge Wright will try to do what he honestly thinks Judge Cooper would have done.

    The one I want to see is what happens at Doc Cavazos sentencing.

    your pal,
    Rebel

  30. Rebel Says:

    Dear Bud,

    Evidence dumps are part of the game. It is a game. It is not justice. There is not a fucking thing just about any of this. Sorry to have to be the one to tell you.

    The goal of the game for each side is to negotiate the best possible plea deal. In this particular case, the prosecution does not want to go to trial. This was a very dirty case. Everybody knows. Little old ladies in Methodist churches know this is a dirty case. John Ciccone has probably even bragged to them about how “wily” he was this time. And, the government is not eager to disclose, or “discover,” the dirty parts.

    Among the bits of evidence that the prosecution does not want to disclose is anything about any of the under covers or confidential informants, any grand jury testimony and a witness list. That is the short version. Surveillance footage has been disclosed and probably most of the electronic surveillance has been discovered by now but anything that might impeach the work of the under cover ATF Agents or the confidential informants remains top secret.

    Generally, under federal law, none of this has to be discovered to the defense until a week before the trial. That is the rule. So the prosecution has had 16 months to patch all the holes in their witnesses’ testimony but the defense does not yet even know who those witnesses are or who they will be testifying against or what they might say. It is more complicated than that. Okay. Much more complicated. The prosecution can even know that one of their key witnesses is a pathological liar, for example, and they do not have to disclose that even at trial. They can even know that a defendant is “factually innocent” and they do not have to disclose that. If they get caught afterward, they have to come clean. That is it. Prosecutors just regularly pretend they do not know what they know. There is even a name for it among prosecutors. They call it “Loving your rat.” No shit, okay.

    There is a Chinese proverb that goes, “The best place to hide a leaf is in a forest.” So far, the forest of prosecution evidence in the Mongols case is about, I think 8,000 pages and 400 hours of surveillance. That is part of the idea of trying everybody together. You understand? More evidence for each attorney to have to sift through. Divide and conquer.

    Well, the threat the prosecution holds is that if the remaining defendants do not agree to plea deals the government will make them go to trial. And a week before the trial they will dump another 8,000 pages of evidence and a list of names on the defense attorneys. The idea is that even if there is anything exculpatory in that “evidence dump,” the defense attorneys will be too overwhelmed to ever find it.

    Evidence dump. The more complex the federal prosecutors can make any case the bigger the threat of an evidence dump. It is a game. It is not fair. It is about federal bureaucrats winning paper victories to get more funding for next year. The Department of Justice, the Federal Bureau of Prisons and the ATF are all beasts that demand to be fed.

    Nobody even pretends it is about justice. It is about filling the belly of the beast.

    Thanks for commenting. I will try to be briefer next time.

    Your pal,
    Rebel

  31. Life89 Says:

    Rebel, Thanks for the info!
    Will you post the reults of the sentencing?
    There are other brothers also waiting for the sentencing, any idea when they will go in in front of wright? Is there a standing schedule? I’ve read in other postings that Wright is very fare with first time offenders, do you agree?

  32. Snow Says:

    I was thinking the same thing 10Guage was, thanks for clearing that up, also Bud brings up a good point. I know a lot of cases were kicked out in NOLA after Katrina because of the time it took to get the cases to court, hopefully the delays work in the Mongols favor.

  33. Bud Says:

    Rebel,

    Help me out on somethin brother? Im unclear on this “evidence dump” tactic. A brother of mine involved in all this has mentioned the same thing when I speak with him about when is he gonna get his day in court.
    Doesn’t part of the process include making available to the defense all the charges and evidence against them so they know exactly what they’re facing? Isn’t there some kind of protocol to be followed as far as suitable time for the defense to prepare?
    To me the withholding of evidence until the last minute like that smells like conspiracy of evidence tampering in order to put things in a better light for the prosecution. Look at the Dave Burgess case and how much time elapsed and how many hands his computer went through before the “evidence” was “found”. Maybe thats not the best parallel to draw but , whats the difference ya know?

    Bud

  34. RIC Says:

    HEY REBEL …. WHATS THE 411 ON JUDGE WRIGHT??? IS THIS GOOD OR BAD FOR THE DEFENDENTS GETTING READY TO BE SENTENCE???

  35. Rebel Says:

    Dear Life89,

    Jaime Flores will be sentenced February 9 at 10 am. Sam Trevino will be sentenced the next day at 1:30.

    Rebel

  36. GUSTO Says:

    The atf are scanless, delaying the trial to get other Judges.. i bet these jerkoffs were dancing when Judge Cooper passed, makes me sick! R.I.P Judge Cooper!!

  37. Life89 Says:

    Rebel,
    Any idea when Judge Wright will start sentencing the defendants that have already pleaded? Is there a list of who they are? They have been waiting several months for their day in court!

  38. theone Says:

    YEAH GOT IT GRACIAS!

  39. Beowulf Says:

    Just my opinion, but it seems to me that the longer the prosecution delays, the more credibility they lose. if they had such an airtight case they would have pushed it beyond all limitations to get it overwith. Losing the original prosecuter should cast even more doubt on their part. Justice is just like revenge, although it should be calculated, it should also be swift and unforgiving. Why else the long delay? Their fucking case is weak and they know it. It ain’t over till it’s over. Respects, Beowulf

  40. 10Guage Says:

    Rebel,
    Were all of these delays mentioned in this article caused by the prosecution? I know this would be classified as a complex trial but at what point are these delays considered excessive? I certainly am no lawyer, but I do know that 18 months is an inordinate amount of time to get the ball rolling. It seems apparent to me that their rights are being infringed upon, nothing new, but I do know there has been precedence set for charges being dropped because of issues relating to due process, fairness requirements, as well as the right to a speedy trial. Aside form the excused delay caused by the death of the judge, what am I missing? Did they waive their rights to a speedy trial? If so how long can this bullshit go on? Thank you again for your continued coverage. These issues effect us all.

    Strength, Respect, Honor,
    10guage

  41. proudmongolwife Says:

    REBEL,
    so who is the better judge?

  42. sled tramp Says:

    I realize this to be an probably stupid question but should the Mongols continue to wear the interim colors (M.F.F.M. 1 %er) or make any kind of modifications, however slight, to the existing traditional colors, would it be an entirely new case to forbid it? (I’m still fairly stoned from surgery so this may not be my finest hour asking things…).I think it’s common to modify designs for the purposes of avoiding infringements so it might make sense if it throws a wrench into the works.Nothing major, just something that’s different from what the court’s demanding confiscated. Along the lines of the HA’s redesigning the mouth to a sewn up design.

  43. Rebel Says:

    Dear the one,

    Mike Munz reached a plea deal that was approved by Judge Cooper. He has not yet been sentenced. When he is sentenced he will be sentenced by Judge Carter. I do not know whether the plea deal will need to re-approved by Judge Carter or not. It will probably stand but this prosecution has been very sophistical and there may be some technical out that the government can try to use if it wishes.

    Whether a guy signs a plea or not it ain’t over until he is sentenced. And, judging from public comments made by John Torres, the Special Agent in Charge of the ATF in LA, I suspect that some government officials view Judge Cooper’s death as a “second chance” to win the case.

    I expect that Judge Carter is a guy who will follow the law as he sees it. I expect that he will be open to logical legal arguments — like “a deal is a deal.” So if the prosecution tries to alter previous written and unwritten deals I expect Carter will call them on it. What will change will be the squish zone. Judge Carter will come to the case with a different set of assumptions about what each defendant deserves. If the prosecution was losing credibility with Judge Cooper then that is all fixed now with Judge Carter.

    The real joker is Judge Wright. Judge Wright might not know what the law is let alone be inclined to follow it.

    Answer your question?

    your pal,
    Rebel

  44. Rebel Says:

    Dear Muck 1%er,

    That is a tricky question. I suspect that what will happen next is that the prosecutors will move before Judge Wright to have the Mongols marks seized as part of Doc Cavazos sentence.

    The consensus opinion is that Judge Wright is not exactly Oliver Wendell Holmes, if you know what I mean, so there is a chance he will grant the motion. I don’t expect that the seizure would hold up under appeal but it would add to the hassle factor for bikers everywhere.

    your pal,
    Rebel

  45. fayettenamhoe Says:

    they die for it, harley is only a tool

  46. Muck 1%er Says:

    Rebel. Do you have any idea which judge will continue the case which concerns the “membership marks?”

  47. theone Says:

    The cases of 22 defendants, including all the defendants who have not yet entered a plea, have been assigned to Carter. Those defendants are: Hector Gonzales, Jr.; Anthony Mark Tinoco; Michael Bill Munz; MIKE MUNZ? I THOUGHT HE TOOK A PLEA.

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