Pagans Case Withering

April 28, 2010

All Posts, News

The federal case against the Pagans Motorcycle Club in Charleston, West Virginia continues to dry up and blow away. The earliest any trial will begin now is June 4th.

This Titanic fiasco may not get far. Last week, 13 of the remaining defendants pled guilty to a misdemeanor, state gambling offense and paid a five dollar fine. The men had originally been charged with racketeering. One of the defense attorneys who has been eating the prosecution’s lunch in this case, Tom Gillooly, told Andrew Clevenger of the Charleston Gazette, “a five dollar fine and court costs is laughable compared to a federal felony. I was disappointed that the prosecution wasn’t willing to step up and dismiss these charges, because they never should’ve been charged in the first place.”

Loew Loses Voice

Steven Loew, the lead prosecutor in the case has suddenly gone mute, although he did sign to Clevenger that it is “the policy of the U.S. Attorney’s Office not to comment on pending cases.” Which is apparently a new policy that was instituted right after it became obvious to everybody except Entertainment Tonight that Loew has done something even worse than lose this case. Because back before Christmas Loew had more to say than a little girl on Santa’s lap.

Apparently Loew just assumed that all the defense attorneys were going to take the payday and the plea deal. It did not work out that way. Laurie Levenson, a nationally known professor at Loyola Law School in Los Angeles has described the case so far as defense attorneys playing “street hockey” while the “prosecutors play chess.”

Gillooly even raised the big question. “The most disturbing thing about this prosecution is what it shows about priorities being set in the U.S. attorney’s office,” he told Clevenger. “It’s outrageous to me to have my tax dollars and your tax dollars going towards a case like this instead of environmental violations, mine safety violations, terrorism, you name it.”

RICO And Motorcycle Clubs

But losing this one case may be the least of the damage Loew has done to federal cases everywhere. For decades, federal prosecutors have been using the Racketeer Influenced Criminal Organization statutes to try to criminalize membership in motorcycle clubs. In some cases, like the never ending Mongols case in California, the government has come close to succeeding. Now, a federal judge in a high-profile case is finally questioning the reasonableness of that.

In a briefing order filed eight days ago the presiding judge in this case, Thomas E. Johnston, asked “for the input of all interested parties for a briefing – including those who have (already) entered guilty pleas” on all RICO aspects of the case.

“In particular,” Johnston wrote, “the Court anticipates briefing on the following counts: Count 1, which charges racketeering…. Count 2, which charges a conspiracy to commit racketeering…. Counts 3, 6, and 9, which charge conspiracies to commit assault with a dangerous weapon in aid of racketeering…. Count 4, which charges retaliation against a witness…. Counts 7 and 8, which charge conspiracies to use an interstate facility in aid of a racketeering enterprise…. Count 11, which charges interstate travel in aid of racketeering…. Count 13, which charges obstruction of justice…. Count 16, which charges obstruction of justice…. Counts 19 and 21, which respectively charge a conspiracy to violate 18 U.S.C. 922(h) in violation of 18 U.S.C. 371, and a substantive violation of 18 U.S.C. 922(h) and 922(a)(2).”

The judge ordered the attorneys to present memoranda relating to these charges by Friday. A hearing on the issue is scheduled for next Tuesday.

It is not inconceivable that most of the case will be dismissed within two weeks.

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21 Responses to “Pagans Case Withering”

  1. Concerned!!!! Says:

    The best of luck to all Pagans MC. My deepest Respect to all.

  2. WV Fritz Says:

    Not Surprised, thanks. I appreciate that.

  3. RVN69 Says:

    I find it interesting in a perverted sort of way, that both Queen and Dobyns admit that they were treated better by the people in the clubs who they were screwing over than their own “brothers” in the ATF. That is one fucked up federal agency, if our government wasn’t so screwed up they would just fold it up like an old tent and forget it ever existed.

    Respect to those that have earned it
    Si vis Pacem, Parabellum.

  4. Not Surprised Says:

    WV Fritz:

    It was never made public. I’ll e-mail you privately and you can view the source yourself.

  5. WV Fritz Says:

    Not Suprised,
    Do you have an article/news link for that information? Please post it if there is. Thanks

  6. Not Surprised Says:

    Thought this might bring a bit of humor to the guys in WV. Special Agent In Charge of the Lousiville Field office of ATF Paul J Vido, along with his family, recently were placed under 24 hour a day protection from what was called a “credible threat” to their safety.

    The culprit?

    Another ATF agent who works under Vito………….

  7. TomPier Says:

    great post as usual!

  8. DocB Says:

    Thanks RVN, found one


  9. RVN69 Says:

    I was given mine by a member who I know. My best guess would be to go to an event find a member and ask him.

    Respect to all that have earned it
    Si vis Pacem, Parabellum.

  10. DocB Says:

    My condolences to the brothers, family and friends of all three men.
    They would all still be alive were it not for the bullshit warrants served in furtherance of this bullshit prosecution. One man gets a $5 fine and another gets a death penalty. None of them actually did anything.
    I’d like to find a Hale memory patch for my cut. Anybody know who to talk to?


  11. RVN69 Says:

    My apologies for neglecting to mention Tombstone, keeping a man with know severe medical problems locked up without adequate medical supervision until he dies is murder, pure and simple.

    Respect to all that have earned it
    Si vis Pacem, Parabellum.

  12. Hose-a 1% Says:

    They continue to get away with murder.Not only my Brothers lost in this bull shit case.Now happening to people in other parts of the Oklahoma.Still no one being held accountable. W.T.F.
    Please don’t forget Tombstone 1% he was taken away by these bastards too.
    Hose-a 1% P.F.F.P.

  13. Detroit Dutch Says:

    Justice for Sgt Hale!

    Semper Fi

  14. RVN69 Says:

    Don’t expect it will ever be made right. Unless I am mistaken, they still have a vacancy on the federal bench meaning there is no judge to hear the case so it keeps getting postponed. The cops must love that more time for witnesses to be intimidated into keeping quite about what they saw. As I have said before, no amount of money, no jail time for the cops will ever bring Derek Hale, or James Hicks back, but some how, they have got to pay for murdering those two men. I will remember Derek Hale, his memory patch sits on the front of my cut.

    Respect to all that have earned it
    Si vis Pacem, Parabellum.

  15. DocB Says:

    Remember Sgt Hale
    who the fuck is going to make that shit right

    Semper fi

  16. Apple Pie Says:

    Yes Vacuus freedom is long gone…damn shame the average citizen doesn’t realize what is going on here and that “we the people” doesn’t mean anything anymore. If it did I’m sure there would be more than enough evidence to get them on wasting taxpayer money, ruining people lives, etc.

  17. Vacuus Cura Says:

    Millions of dollars wasted in exchange for $65 in fines. Only the government could do business in this manner.

    Freedom is long gone.

  18. WV Fritz Says:

    Hose-A 1%, your are right, those lowlife cocksuckers have changed the rules and made up shit as they went along. They have lied at detention hearings and coerced pleas from some involved. The rest are staying strong and still not taking anything for granted. Love and Respect to you and others who understand EXACTLY what is going on here.

    RVN69, This seems to be good news on the surface… we will see where it goes from hear. I also hope this is the start of a new trend. Maybe this will also plow a path for other cases going on right now.

  19. RVN69 Says:

    I hope this is truly good news for the Pagan’s Nation, moreover I hope this turns out to be the begining of the end for cases of this type.

    Respect to all that have earned it
    Si vis Pacem, Parabellum.

  20. Hose-a 1% Says:

    Don’t count the Fucken Feds down and out yet.These cocksuckers change the rules in the middle of the game.I wish the best for all of my Brothers STAY STRONG.Hoping for the best.

    P.L.&R Hose-A 1% P.F.F.P.

    PS F.T.F


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