The Rabbit Hole In West Virginia

February 5, 2010

All Posts, News

There is an old joke in Los Angeles.

The President wants to know who has the best police force so he releases a rabbit into a forest and tells cops from every city to go find it. Three minutes later the Los Angeles Police Department drives out of the forest with a bloody and beaten bear. “Make them stop,” the desperate bear begs the President. “I confess! I’m a rabbit.”

Superseding Indictment

Blaire L. Malkin, the Assistant United States Attorney for the Southern District of West Virginia and the man prosecuting the current Pagans case titled United States versus Barbeito and others, would never understand that joke. On Thursday, Malkin re-indicted 37 of 55 defendants named in a racketeering indictment last October.

Since that earlier indictment was unsealed, 17 defendants have confessed to being rabbits. One defendant, Charles H. Nichols, died in police custody. The superseding indictment also accuses a New Jersey man named Dante T. Demarco of beating up a suspected police informant.

Both indictments accuse the Pagans Motorcycle Club of being “a criminal organization whose members and associates engaged in kidnapping, robbery, extortion and conspiracy to commit murder.” The indictment also asserts that “the purposes of the enterprise included…enriching the members and associates of the enterprise through, among other things, extortion, robbery and the operation of an illegal gambling business.”

The accusations honestly describe the reality of what the defendants did approximately as a bear may be honestly mistaken for a rabbit. Either Blaire L. Malkin has been misled by his subordinates, or he is very stupid or he is a pathological liar.

Summary of Crimes

For the most part defendants have been accused of very banal offenses. The former Pagans Vice-President, Floyd B. Moore, apparently actually considered murdering a woman as a favor to the woman’s ex-boyfriend who happened to be the President of a chapter of the Avengers Motorcycle Club. The woman was never harmed but Moore did consider the crime. However that charge was dropped when Moore agreed to plead guilty to racketeering and that, in itself, testifies to the priorities of the prosecution.

The fact that the conspiracy to murder charge was dropped at least suggests that the government viewed that accusation as a means to an end. Conspiracy to murder is a dramatic accusation. In Moore’s case it was a way to get leverage over a defendant who might discredit the Pagans. And, conspiracy to murder is included in the superseding indictment for the same insincere reasons.

Other defendants are accused of physical assaults which seem intended to shock citizens who have never heard of professional ice hockey. Some defendants are accused of possessing small amounts of explosives. And that charge will probably most offend anyone who has never read the memoirs of Hunter S. Thompson.

A defendant who was not a Pagan confessed to asking a club officer to collect a large debt for him. That explains the accusation of extortion. At one point, the patch of a member of another club was pulled so that is described as a kidnapping and robbery.

Most of the charges against the remaining defendants stem from either participating in a fund raising raffle or from “acting as bodyguards for a convicted felon.” The raffle is described in the indictment as “the operation of an illegal gambling business.” None of the men accused of acting as bodyguards for a felon knew that what they were doing was a crime.

Who could ever imagine that each of Snoop Dogg’s bodyguards is guilty of a federal crime? And, when can we expect them to be charged? And, will the arrests be on television?

Yes But

The government knows its case against the Pagans is made mostly of fairy dust and bull feathers and they already know what a jury will think of a case that is mostly semantic.

So twelve days ago the prosecution asked the court for “an order prohibiting the defendants from introducing irrelevant and inadmissible evidence and arguments at trial.” And by that, the government meant any argument, such as has been presented here, that suggests that the remaining charges are trivial and hardly describe a racket.

“The United States has reason to believe that the defendants will attempt to assert arguments or offer evidence whose sole purpose is to encourage jury nullification,” the government complains. “For example, whether the underlying state law violation in the Violent Crime in Aid of Racketeering charges or the Interstate Travel in Aid of Racketeering Act charges was a misdemeanor, and their ignorance of the law regarding the illegal raffle and regarding (the ‘bodyguard statute.’) Such arguments and evidence would be irrelevant and inadmissible and must be excluded from trial.”

In other words, any reasonable person must be compelled to agree that a bear is a rabbit. And a motorcycle club is a racket.

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34 Responses to “The Rabbit Hole In West Virginia”

  1. RVN69 Says:

    “The United States has reason to believe that the defendants will attempt to assert arguments or offer evidence whose sole purpose is to encourage jury nullification,” the government complains. “For example, whether the underlying state law violation in the Violent Crime in Aid of Racketeering charges or the Interstate Travel in Aid of Racketeering Act charges was a misdemeanor, and their ignorance of the law regarding the illegal raffle and regarding (the ‘bodyguard statute.’) Such arguments and evidence would be irrelevant and inadmissible and must be excluded from trial.” Unless I am a total moron, this seems that the federal government is asking the judge to prohibit the defendants in this trial from mounting a defense against the acts with which they are charged. Speak of rackets, arrest someone for an alleged crime, then have the judge prohibit them from presenting any defense against that crime. Maybe they should just skip this part and ask the judge to order them all to plead guilty. As bad as the reputation of the LAPD is, I believe they could take lessons from the Feds!
    FTF, FTP, and Fuck all snitches!

  2. Square Verbose Doc Says:

    “The United States has reason to believe that the defendants will attempt to assert arguments or offer evidence whose sole purpose is to encourage jury nullification,”

    I just read a brief article on jury nullification, and if I have it right, the prosecutors fear that the defense will attempt to appeal to the jury’s general sense of what is fair. Apparently, that’s a no-no.

  3. Vacuus Cura Says:

    The concept of jury nullification is as old as our system of justice. To openly complain about it speaks volumes about the government’s case.

    We live in a police state, my friends. Trials are just for show.

    “When they kick at your front door
    How you gonna come?
    With your hands on your head
    Or on the trigger of your gun

    When the law break in
    How you gonna go?
    Shot down on the pavement
    Or waiting on death row…”

    —The Clash, Guns of Brixton

  4. Hermis Says:

    Blaire L. Malkin, the Assistant United States Attorney for the Southern District of West Virginia is an asshole.

    Every little puke bag bastard in the United States Attorney’s office for the Southern District of West Virginia that “conspired” to put together the language for the complaints mentioned above, is an asshole.

    When people make the statement that “God does not make junk”, they’ve failed to look within the office of the United States Attorney for the Southern District of West Virginia.

    God made plenty of no good for nothing, down right turd filled rat infested junk right there!

  5. Goldsboro Williams Says:

    That’s bizarre.

    I have never heard of this “bodyguard” rule. Does that mean every time someone takes a job working security for a person with a felony conviction they are breaking a federal law? Or is it only certain felony priors? There are a heck of a lot of businessmen, politicians, and celebs that have felony priors. Does that prohibit them from having bodyguards?

    I feel bad for the defendants, as the deck is obviously being stacked from the get-go. I will be curious to hear if the judge allows that motion, which could essentially prevent them from presenting a defense.

    By the way, that was a good joke in the intro.

  6. Docb Says:

    How’s that song go? “Send money guns and lawyers”

    Sounds like the prosecution is way out on a limb….. hope the judge doesn’t climb up the same tree.

  7. Mikonos Says:

    Dear Vacuus Cura…spot on with the Clash lyrics.

    RIP Joe Strummer, one of my heroes and a poet beyond compare, although I think the bassist wrote this one.

    Death or Glory one of my favorites

    “Every cheap hood makes a bargain with the world, ends up making payments on a sofa or a girl”

    I could go on forever…

  8. puterindabasketchief Says:


    Agreed. Death or Glory. All-time favorite Clash tune. It’s always in the rotation on the garbage wagon. Cheers.

  9. fayettenamhoe Says:

    hahahah, we all be the rabbit, try going back in time and watching the movie called “coon skin” from about 1973? we all get a tastes of that hate, its just a shame that all us evil “peopkles” don’t reflect on the madness and ego trips and $$$$$$$$$ money that seems to mean more than a piece of shit with to wheels, one day maybe i’ll try a job again, its been a long time’—whores are a dime a dozen, until then i’ll fuck and lick a life without any binds or chains,– who called it brotherhood when dollars got in the way, hands up some one kills us quick, no chain will bind us no fool can kill the reason why

  10. fayettenamhoe Says:

    hahahahahahah so real

  11. donnie workman Says:

    I Donnie workman aka “HOSS”…one of the 55 indicted, and plead to a lesser term….I am a rat~~~!!!!

  12. Rebel Says:

    Dear Donnie Workman,

    I do not believe I have ever described you as a “rat.” I believe that in one post, you, and other defendants were described as having decided to burn your bridges and make a fresh start. Your plea agreement was described here as:

    “Donnie Ray “Hoss” Workman, Defendant 50, signed a plea agreement October 28th. The agreement was filed November 5th. Workman also agreed to testify against Moore.

    “Workman has admitted that he was a member of the Pagans and that, on Moore’s order, he obtained a concealed weapons permit and carried that weapon in order to protect Moore.”

    The exact wording of the section of the plea and sentencing agreement to which I referred which you signed on October 28, 2009 was, on page 3, paragraph 6: “Cooperation. Mr. Workman will be forthright and truthful with this office and other law enforcement agencies and with regard to all inquiries made pursuant to this agreement, and will give signed, sworn statements and grand jury and trial testimony upon request of the United States. In complying with this provision, Mr. Workman may have counsel present except when appearing before a grand jury.”

    It is a public document and it seems to mean what it says. But it is a legal document so it may not mean what it says. I apologize if your signed agreement to “cooperate” has been misrepresented here. For all I know, the section of your agreement in which you agree to “give signed, sworn statements and grand jury and trial testimony” is just a formality; boiler plate that happened to be in your agreement because it is in all these agreements and you have a verbal agreement not to do what the written agreement says you have agreed to do. If you wish, please take this opportunity to explain how your agreement has been misrepresented.

    And, any implications of the cooperation agreement you signed are between you and your club brothers. If the Pagans have no problem with it I am sure no one else will have any problems with it.

    With all due respect to the Pagans Motorcycle Club, I apologize for any misunderstanding.


  13. ruffrider Says:

    WTF happened to name rank and service number?????????

  14. fayettenamhoe Says:

    cops bad, rabbit tasty

  15. sawedoff5 Says:

    All of this “Constitutional Law” stuff sounds good out here in the world.
    But every lawyer will tell you that the Constitution only comes into play on TV.
    Lawyers in Law School study CASE LAW. (Precedents).
    When you have a 500,000.00 CASH ONLY bond put on you to await trial, and you’ve already been indicted by some mysterious “grand jury” that you never got to face in person….and you’re sleeping on the floor of a (meant to be) 2 man cell while your other 2 cellies look down on you from their racks…And you trial is postponed 3 times (every 3 months)…and there’s no where to go and nothing you can do….and your Public Defender is working for the prosecution….AND YOU’RE A PATCHED 1%er……..You’re pretty much fucked with REALITY.
    You have no rights.
    So you keep telling your public defender that you WILL NOT make any pleas and that you want your TRIAL. You want a trial more than anything because you know they have nothing.
    And he keeps coming to you with plea deals…(he’s pretty lazy).
    So after 8 or 9 months of shitty food and no sunlight and having to smell other people’s farts all the finally come up with the money for a REAL Lawyer. And your shiney new Lawyer SWEARS that he will fight like hell for you and that he knows that you’ve been bottled up in a state prison WITH NO GOOD EVIDENCE AGAINST YOU…you feel like there’s a light at the end of the tunnel.
    9 Months have gone by…your elderly parents cry over the phone. Your brother and sister have gone in hock for this Lawyer for you. And you find yourself swearing vengence against everyone who helped put you in here when you’re released. (the cops, the lawyers, the mysterious “grand jury”. (that actually doesn’t exist.)
    Then 3 days before the HAVE TO FINALLY TRY YOU…your lawyer comes to you with a long face and says you’re REALLY SHOULD make a plea agreement for One Year and One year Probation..and you can go home in 40 days.
    Then your spit and polish lawyer shows you THREE SIGNED PLEA AGREEMENTS BY THREE OF YOUR 1% “BROTHERS” who are facing alot more time than you.
    They have agreed to TESTIFY AGAINST YOU AND IMPLICATE YOU IN CONSPIRACY CHARGES…AND POINT YOU OUT IN A COURT ROOM….”In Consideration for their Sentencing”. never got caught doing anything….you were 3 states away and got indicted somewhere in Delaware….you were arrested, confined,,,flown to Delaware in a jet…..Slammed into the State Prison in Wilmington….And you may have SARS or MERSA or Staph infection from that shithole….And your parents are dying of heartbreak.
    So you sign the deal and do the last 40 days.
    Then you get your probation transferred to your home state and CONGRATULATIONS…..YOU’RE A FELON.
    No Trial….No evidence…..Nothing.
    And your “brothers” have ensured that you will never vote again…You won’t ever go hunting again….No one will hire you again….and you’ll never be able to own or defend yourself with a firearm again.
    You’re naked…and you’re a felon.
    Thats what 3 years with a club got me.
    Go Ahead and Patch. I dare you.
    Wanna be a tough guy? You think these RAT FUCKERS are your Brothers?
    You think some “Bro” in a chapter 3 states over is gonna keep his mouth shut for you when he can get “consideration for his sentencing” by BURYING YOUR ASS?!!! He wants to get back to sleeping with his ole lady. He wants a beer and a couple of lines.
    Your “Brother” would cut your fucking throat in front of your family to just “get OUT OF HERE”.
    I don’t care if he’s the motherfucking National Prez.
    So keep fooling yourselves.
    Go ahead and get that diamond on your chest.
    It don’t buy much at commisary.

  16. Rebel Says:

    Dear sawedoff5,

    I am very sorry you have been placed in this shitty position.

    I wish I could think of more to say than that.

    Thanks for reading and commenting. Come back and comment again.


  17. Jabba Says:

    sawedoff5 >> Nothing to say man, that’s the worst nightmare any of us could have.

    Hope you have some good times, a good life and keep the wind in your face from here on out.

    Wish you well.


  18. sawedoff5 Says:

    When I was 10 years old, I was at our local gas station with my mother in Northern Virginia,in her 63 dodge dart station wagon. At the gas island next to us was a kinda wirey young, dirty, greasy dude on a bike that was just a flat black frame, a peanut tank and a V-Twin. On the frame, he had a small dirty pillow, tied with chord for a seat. His greasy hair was really short (whitewalls) on the sides and the front was long and greasy and hanging over his eyes. He was leaning on his headlight and pumping a couple of bucks of gas into his flat black, nasty rat bike and I could see the snub nosed pistol at the small of his back. His colors were so dirty I could just make out PAGAN’S. I never imagined someone could look that free. I can see him like it was yesterday. He kicked it over twice and it fired up. He shifted it with a hand shifter and it KLUNKED into gear. Then he left like some kind of fucking UFO. GONE.

    From that day on I knew I would be a Pagan. I took all the usual detours. I learned a craft, graduated High School, played football and baseball, fell in love, got married young and joined the Army for 3 years. But I always had a bike and I never forgot what I wanted most.
    Where we lived in No VA there were lots of 16s. I saw them and knew them and had some friends who joined, quit, died with them.

    I don’t know how the time went by so fast, but here I was a middle aged prospect. And I had never been happier. I learned like a sponge. I didn’t show my infatuation with what was going on around me. I kept it cold. I was finally where I belonged. Brotherhood. Reality. FTW.
    I was divorced by now and had no reason NOT to join.

    Between the hangaround and the prospecting, it took about 18 months to patch. In that time I was worn to a frazzle. No sleep, running all over hell’s creation. state to state…days turned into months. No way I could keep working and do this. I didn’t care. “Clubbers don’t work”. “They have each other”. “They are family”.
    I went into it wholeheartedly. I would have done Anything. And I mean anything. My reasoning was that nowadays there were just too many Harley Riders. It was like these accountants and lawyers on Harleys were defacing the memory of that greasy kid at the gas station.
    I was tired of strangers hugging me when I was on my bike and calling me “brother”. Calling me “Bro”. I wanted them all to drop their bikes in the driveway, get scared and sell it. Alot of them did. Ha Ha Ha.

    I remember laying my prospect cut on the couch, taking that long little patch off with a razor blade and with my red and gold and white and black thread and some needles, Laying Out My Cloud and my Sutar and MC patches. I remember my chapter prez showing me where to put them EXACTLY on the front and back. (after prospecting for that long I didn’t want his help…I KNEW THIS SHIT) ha ha. I went back around every patch for the next 3 nights with 10 lb test line (fishing line). I was especially proud that my patch kit had been handed to me by Bart himself. In his HOME on the mountain. At his kitchen table. This shit was never coming off me. Ever.

    I was going to be the Best or Worst One Percenter that ever rode. But not just a one percenter. A Mother Fucking Pagan. A Bastard. Crew. Funny, I never really looked around and SAW.
    I was always at a funeral it seemed. In 2005 I went to 7 funerals and I didn’t make others. I was always Giving. But no one else was. I was always chasing down rivals. But no one else was. Fuck it I thought. I’ll remember this shit when I’ve been in long enough to make changes in how this shit is done and how it SHOULD be done. (I went to alot of drive in movies when I was a teenager)
    It took awhile but I began to see that all chapters aren’t created equal.
    That….is an understatement.

    I’ll continue later, If no one objects. And if someone does object, speak the fuck up and I’ll Cya round. I like this site and Rebel keeps it solid. The only site of it’s kind. And I don’t want to distort it’s integrity.

  19. Jabba Says:

    sawedoff5>> As for me, keep talking.

    Up to hangaround/prospect, we sound like clones. At about that time for me, many years back, I chose my wife and the kids that hadn’t come along back then. Been a supporter ever since. Regrets aplenty, but never when I see my old lady, my girls and my boy.

    Much Respect.



  20. sled tramp Says:

    “I was always Giving. But no one else was. I was always chasing down rivals. But no one else was. Fuck it I thought.”

    I was going to comment but you took me back somewhere and someone else and I just ended up looking at the screen……


  21. Rebel Says:

    Dear sawedoff5,

    Just a great, great comment. Thank you very much.


  22. Grumbler Says:

    sawedoff5 – I recall seeing the 16 for the first time in ’67 outside People’s Drugs (defunct) in the Georgetown District. At least 3 of them were riding pre-unit contruction Triumphs loaded with chrome and metalflake. Their OF helmets and faceshields were color matched to their scoots. Also saw Panhead choppers running dual Amals on custom intake manifolds.

    Was hanging with a bunch of indie bikers in Alexandria that did some business with the 16. Ironically, those indie bikers were planning steal my TR6R, but their lookout (vending machine driver) told them to hold off. Agreed to meet them, and it was all good. If a job opportunity as a plumber’s helper that summer of ’68 hadn’t fallen through, would probably still be living in VA.

    BTW, stumbled across which has some articles about the 16 in NOVA back in the old days.

  23. sawedoff5 Says:

    whew! Triumphs and coffin tanks. Pans and brass linkart carburators.
    LOL…ask one of these “bikers” nowadays what kind of carb he has and this is what you’ll get. (I’ve done this many times).
    “er…I dunno…it came on the bike”.
    So then you back it up with “What kind of tire is that?” lmfaoo
    you’ll get the same answer. Look, I’ve never claimed to be the poster child for the “life”. That poster was cast in Iron long before I came along. But I do look on those who came before me with a distant admiration. And I try to remember who and what they were. I hope that I do them justice. I think that because they would have never expected to be seen in that way, is why I do see them that way.

  24. Grumbler Says:

    There’s a few photos of the 16 from the ’60s at this link:

  25. sawedoff5 Says:

    Jabba, you made the right choice. Revel in it. Soak it up every minute of every day. Anything can be overcome when you have it. My respect and the best to your family.

    Grumbler, Thanks for the link and the comment. You don’t have to patch to know how it should be. …how it should be.

  26. Grumbler Says:

    Jabba – have met a patch holder who left his club in good standing after he decided to put his family first. Can’t say more as it’d be encrouching on club business.

    sawedoff5 – we’ve more than our share of folks who’re completely clueless about the motorcycle culture, and have little or no respect for it. They’re, for lack of a better description, cagers masquerading as bikers. They’re trying too hard to be something they’re not. They don’t get it, and never will.

  27. sawedoff5 Says:

    Grumbler, I’m not sure that I get it anymore. I just know what standards were set and what bounderies were set long ago when it meant something exclusive. So I guess I’m a dinosaur for just trying to maintain those standards for myself. That’s all anyone can do.
    I remember stuff like…..a bro could leave town for a week and his buddy would house sit with his wife. And if the dumb bitch hit on his buddy, or came on to him in any way, his Buddy would RAT HER OUT to his bro when he got home. There was nothing more important than your brother biker. Even if he was a stranger broke down on the side of the road. Sounds corny nowadays. So call me corny. Hell, I still pull over for even rice rockets if I see them having trouble. It scares the shit outa them. They don’t get it either.

  28. Grumbler Says:

    sawedoff5 – you’re got “the right stuff” regardless of whether you feel like a dinosaur or corny.

    One night, 30+ years ago, was riding my Shovelhead back home when I spotted a couple standing by their Shovelhead chopper. Pulled over, and turned out that his headlight was out due to wiring. Had electronic tape and tools on me so that fixed the problem. He offered to split a doobie with me so we did right alongside the freeway. His old lady declined.

    Done, we rode side by side making beautiful exhaust music together until I took off-ramp home. The last few times I stopped to help someone, they had already used their cell phones to get a tow or whatever.

    Speaking of rice rockets, friend of mine with Moo Glide (FLSTN) couldn’t start his bike in Jackson, CA that Sunday of Street Vibrations in Reno. Hundreds of Harley riders were returning home via Carson Pass, but none of them pulled over to help my friend until a guy on a rice rocket stopped to give him a hand.

    We had a real sense of brotherhood in the good, old days. Now, not so much. I ran out of gas while returning to Boise via backroads with a friend 4-years ago. He went ahead to get gas for me. While he was gone, 5-6 cagers stopped and asked if they could help me.

    I don’t judge people for what they look like. Some of the most scary looking dudes have a heart of gold, and would give you the shirt off their backs.

  29. sawedoff5 Says:

    I’m not as scarey as I am Ugly. ha ha ha
    Sounds like your values are solid and your priorities in good working order.


  30. Grumbler Says:

    sawedoff5 – looks like we’re both on the same page. Respects to you, too. BTW, don’t know whether you have any interest in NCAA football, but am a fan of the Boise State Broncos. They’re playing Virgina Tech Hokies on Labor Day at FedExField. Should be a good one!

  31. sawedoff5 Says:

    That’s gonna be a GREAT game. I’m an old UT Knoxville fan. Neland stadium and Coach Phillip. GO BIG ORANGE. (raised in VA but caught the TN fever during my 12 years in Nashville) I still wear their orange hat daily. Easiest way to spot me in a crowd.

  32. Grumbler Says:

    sawedoff5 – Absolutely! Looking forward to it. Dooley, the new head coach at UT, hired the Boise State defensive coordinator, Justin Wilcox. Fans of both teams are hoping that UT and BSU will schedule an OOC game in the near future.

    BTW, M Street in the Georgetown District was paved with cobblestones back in the late ’60s. Was googling that area, and don’t see any cobblestones.

    My Triumph 650 was parked out in front of a restaurant on that street while having dinner with a hot babe. It was gone when we came out. After awhile, found it in a nearby alley leaning against a trash can with broken tach gauge. Can’t tell you how relieved I was that night. Had a great night afterwards with that chick. After I got back to CA, found out that she gave me the crabs. Nice parting gift, huh? ;)

  33. Sawedoff5 Says:

    Though I live 26 miles from Georgetown, I haven’t been there in years. The only time I go to DC is on Memorial Day.
    Between the new-agers in Adams Morgan and the Carjackers throughout the rest of the City, they could NUKE the whole damn place and it would be doing the country a favor.
    But….the cobblestones SHOULD still be prevailant in Georgetown.
    That and the Townhouses are Georgetown trademarks.
    The famous stairs and the house from the Exorcist are a favorite place for out of towners to walk to and oogle at.
    We used to go every weekend. And every weekend, we were calling Bondsmen. Tee hee hee

  34. bcnasty Says:

    So much to say but not the place. I will just say there are more and more folks out there every year that hate hearing the word brother.Some days as I have aged my head remembers the great times. Other days the shit storm of living the life haunts my sleep. No ties now and live the life I like. No rules, no politics. Just the rules of the road and my desire to go as I please. Will say when I come across a tight group running fast it still gets my heart racing. My sincere hope life is bringing all you desire.

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