Smith, Ciccone, Fish Testify At Ablett Trial

January 31, 2012

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Three important witnesses testified at the continuing trial Of Mongol Christopher Ablett Tuesday. Ablett is accused of racketeering and of murdering Hells Angel Mark Guardado in San Francisco in September 2008.

The prosecution is trying to prove three allegations that could put Ablett in prison for life. The first is that Ablett intentionally murdered Guardado. The second is that Ablett murdered Guardado in order to gain prestige within the Mongols Motorcycle Club. The third allegation is that Guardado’s murder was predatory act by the Mongols Motorcycle Club against the Hells Angels Motorcycle Club.

Ablett’s defense attorneys have argued all along that their client was confronted by five attackers and that he acted in self-defense.

The three witnesses the government called Tuesday to support its version of events were a forensic pathologist named Jon Smith, “an expert in the Mongols Motorcycle Gang” named John Ciccone and a victim of an alleged, ongoing war between the Mongols and the Hells Angels. The victim’s name is Dain Fish.

John Smith

Dr. Jon Smith was the San Francisco Assistant Medical Examiner who examined Guardado’s body. Guardado suffered four stab wounds and two gun shot wounds. The defense objected to what Dr. Smith thinks the wounds meant. The Judge in the case, Richard Seeborg (above), allowed the jury to hear Smith’s expert interpretation.

Smith believes that three of the stab wounds, wounds to Guardado’s forearm, upper arm, and upper back, were non-fatal. He believes the wound to the forearm was a defensive wound and that the fourth knife wound, to the rear of Guardado’s left armpit, was potentially fatal. Smith also believes “that these wounds could possibly be inflicted by a person facing Mr. Guardado upright, but that scenario is very unlikely. They are more consistent with stabbings from behind, on top, or from above Mr. Guardado.”

Smith also thinks that both gunshot wounds, to the head and the heart, were “fatal” and that they were fired from more than one foot away. He is certain that the gunshot wound to the chest was fired from Guardado’s front. But he also thinks “that the angle and path of the gunshot wound to Mr. Guardado’s head was consistent with Mr. Guardado laying flat on his stomach and a shooter standing towards the feet of Mr. Guardado.” Smith’s testimony undermines Ablett’s argument that he acted in self-defense because it paints a picture of Guardado’s killer shooting the already wounded man in the back of the head from behind.

Smith testified for two hours Tuesday.

Ciccone And Fish

The government intends to prove that Ablett executed Guardado as an incident in an underworld war between the Mongols and the Hells Angels over territory.

The first witness to make that accusation is Bureau of Alcohol, Tobacco, Firearms and Explosives Special Agent John Ciccone. Ciccone has supervised multiple undercover investigations of both motorcycle club. Two of those investigations, given the public relations labels Operation Ivan (Mongols) and Operation Black Biscuit (Hells Angels), were the subject of books and numerous television documentaries. At least three of the books have been optioned as movies.

Ciccone has always portrayed both clubs as organized criminal enterprises and he has characterized the Mongols as a violent threat to public safety. The government will support its contention that the Mongols Motorcycle Club, as an institution, sells drugs using evidence collected during the most recent ATF investigation of the Mongols, called Operation Black Rain. Ciccone was on the stand for 97 minutes.

The government also intends to support its contention that Guardado was the victim of a criminal war by introducing into the case four confrontations between Mongols and Hells Angels. Those incidents are a fight in Los Banos, California in 2008; the well publicized fight between members of the two clubs in Harrah’s Casino in Lauglin, Nevada in April 2002; and a shooting at a toy run in Norco California in 2005.

A fireman named Dain Fish was wounded during the Norco shooting. And, today he testified for 50 minutes about being an innocent victim of the Mongols’ blood lust for Hells Angels.


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11 Responses to “Smith, Ciccone, Fish Testify At Ablett Trial”

  1. Philo Says:

    This whole thing just blows me away, (no pun intended). One dude is confronted by multiple dudes in a violent situation, prevails, and then is charged. Take the MC angle out of this and you would have a standard case of self-defense me thinks…


  2. TigGirl Says:

    My first thought – the mystery gun is a throw away that was previously in Cuntcone’s possession.

  3. Glenn S. Says:

    I wonder if Ablett’s lawyer attempted to impeach Ciccone as less than impartial. For example:

    Defense attorney: “Mr. Ciccone, is it true that you embarked on a mission to confiscate tee shirts and calanders that expressed support for the defendant’s motorcycle club? Is it true that your agency hired criminals to commit crimes in an effort to entrap members of the defendant’s motorcycle club? When your undercover operatives encountered a member of the defendant’s motorcycle club, and that member expressed a desire to be law abiding, did you move on to another target or did you step up efforts to manipulate the club member into breaking the law?”

  4. RVN69 Says:

    The sad truth is this is all just a dog and pony show, what they really are doing is a replay of Paul Newman as Judge Roy Bean “Do you have anything to say before I find you quilty?”

    Potius Mori Quam Foedare

  5. Glenn S. Says:

    I can’t help but think, from what I’ve read here, that the defendant might have at least a 50-50 chance.

    Its like the parole board. They have to let some people out, sometimes. Otherwise, why pay them a salary?

  6. Junior Says:

    Glenn S:
    Great questions. Questions are powerful. The right question, when designed and presented properly could change the entire outcome of the trial and change the defendants life.

    I doubt the defense lawyer has or will ask well thought out questions like the ones you presented here. Somebody needs to forward Glenn’s questions to Abletts defense lawyer (Rebel?).

  7. YYZ Skinhead Says:

    Assuming that “Faust” Ciccone still has a soul (a generous assumption) I wonder if he’ll ever feel a twinge of regret at destroying dozens of people’s lives because those people ride bikes and own guns. It is very unlikely.

    YYZ Skinhead

  8. Glenn S. Says:

    Skinhead, I learned many, many years ago, despite lifelong brainwashing by society in a thousand forms (from popular television series to newspaper headlines to religion to educational systems), that there are no good guys or bad guys in most conflicts, just Them vs. Us. Which side one believes are “Them” and which side one believes are “Us” is probably based more on genetics than anything else. People’s motives can be based on ideology, selfishness, thirst for power, obsession with controling others etc. but most people think of themselves as the good guys or can at least rationalize it so in their own minds. Some of them think that their chosen ends justify whatever means. This seems to be a character trait of those who operate under color of law and it has always been so, from the Holy Office of the Inquisition to the Geheime Staatspoleizi to the ATF.

    If there is a such thing as a soul, I wonder how there ever got to be a such thing as a government.

  9. YYZ Skinhead Says:

    Glenn S,

    That was one kick-ass post. The masses love a good witch hunt. I would add the media to the list of soulless wonders, because the media purveys propaganda and makes heroes of the persecutors. Of course if you see it on the “news” and on Gangland, it must be gospel.

    YYZ Skinhead

  10. Glenn S. Says:

    Thank you, Skinhead. Its gonna get worse. Mainstream America does not give a damn about false convictions, especially if the defendant obviously violates societal norms (which is not illegal, yet). And with all the money and political influence behind the private prisons industry, expect a stepped-up “war on crime”, complete with hysterical headlines and lead news stories.

  11. tiger Says:

    It is sad the loss that has happened because of our government gone wild undercovers out there. Now it is more than clear that proving inocence beyond a reasonable doubt is the law of the land if you ride. Ciccone is a fine example of assholes that should be erased from history. Respect to those who’ve earned it Tiger

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