Outlaws Appeal Denied

August 2, 2012

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The Fourth U.S. Circuit Court of Appeals refused to vacate the convictions of former American Outlaws Association President Jack “Milwaukee Jack” Rosga and four other members of the motorcycle club. Those men are Leslie Werth, Harry McCall, Christopher Timbers and Mark Jason Fiel. All five had been convicted of racketeering and violence in aid of racketeering in separate trials in 2010.

The unpublished decision describes the Outlaws as: “a ‘one-percenter’ motorcycle gang, meaning that its members are part of the one percent of motorcyclists who decline to abide by societal rules and laws. Central to the organization is the culture of violence that it fosters. As relayed through trial testimony, frequent territorial disputes, particularly with the Outlaws’ main rival, the Hell’s (sic) Angels, involved the use of force or threatened force as the Outlaws sought to expand and maintain its territories for the sake of notoriety and financial gain. Within the organization, violence and the threat of violence were also used to maintain compliance with internal rules. The organization has a multi-level, well-organized chain of command.

Ghosts Of Black Rain

The infiltration of the Outlaws in the Southeast was really one of the closing chapters of Operation Black Rain – the infiltration of the Mongols Motorcycle Club by undercover agents and confidential informants working for the Bureau of Alcohol, Tobacco, Firearms and Explosives.

In September 2008, shortly before the government returned a racketeering indictment against 79 Mongols, searched the homes of 100 more and attempted to seize the Mongols back patch, ATF Agents Jeffrey Grabman and Daniel Ozbolt as well as ATF Tactical Field Officers were patched into the Mongols Motorcycle Club and began discussions with Outlaws in Richmond, Virginia about “developing a relationship with the Mongols as a support club in the area.”

As described in the court’s decision, “By late October, Outlaws members expressed interest in the undercover agents joining the Outlaws and starting a chapter in the Richmond area. The agents were voted into the club in January 2009 as prospective members and ultimately started an Outlaws chapter in Petersburg, Virginia. By May 2009, the undercover agents had set up a clubhouse in the Petersburg area. Unbeknownst to the other Outlaws members, the undercover agents had wired the clubhouse for video and audio recording. During their time undercover, the agents participated in numerous Outlaws activities in a number of different states.”

The ATF Agents actually patched into the Outlaws on July 4, 2009. Grabman, whose club name was Gringo, was the president of the new Petersburg chapter. He had previously infiltrated the Warlocks Motorcycle Club in Florida.

The infiltration resulted in the arrests of 27 members and associates of the Outlaws on June 15, 2010.

Grounds For Appeal

The five appellants alleged numerous judicial errors during the course of the trials including errors in sentencing and the admission of evidence of wrongdoings by members of the AOA that were unrelated to the cases against the defendants.

The greater part of the appeal concerned instances in which defense attorneys were not allowed to delve into the professional histories ATF agents Grabman and Ozbolt. For examples, defenders were unable to examine sections of Grabman’s personnel file because the ATF had destroyed those documents. The appeals court stated that the government “did not clearly err” in not turning over the destroyed documents stating that “because the documents were no longer available, the defense cannot prove ‘that the evidence was suppressed by the government.’” As a case law precedent, the appeals court cited U.S. v. Moussaoui. Zacarias Moussaoui was part of the Al Qaeda plot put into actiona on September 11, 2001.

The learned judges also dismissed the appellants’ claims that they should have been allowed to question Ozbolt about his conduct during the investigation. The court replied, “If the defense had been permitted to cross-examine Ozbolt about these incidents, the government likely would have had to question Ozbolt about agency rules and policies for working undercover and about the dangers to Ozbolt and the investigation on whole if Ozbolt’s cover had been blown. Permitting inquiry into these issues would have needlessly complicated the case and confused the jury.”

Because the opinion is “unpublished” it does not become part of case law. But, it still counts.

 

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25 Responses to “Outlaws Appeal Denied”

  1. KR Says:

    I once studied the law all eager to be involved in the system that was supposedly there to put the bad guys behind bars. My dream job was to be one of the ones lucky enough to put the filth that committed crimes against children behind bars, so this sort of case is way out of my usual field by a LONG shot. There are still some things that trouble me.

    1) The Discovery Process was hampered – that being the process in which the defense is provided the information about what evidence, witnesses, ect. It seems to me that the defense was never given the chance to build a proper defense because they were not given proper discuvery.

    2) “The defense cannot prove that the evidence was suppressed by the government” is BS. It was not handed over. The government can NOT prove it did not willfully, and intentionally, suppress the evidence from the defense either. Last I checked, the burden of proof is upon the state NOT the defendant.

    The appeal being denied is, to my first reading of this information, a miscarriage of justice and an abuse of the system I am sworn to work within to the best of my ability. When I help earn a conviction of someone for crimes done against children (molestation, horrible abuse, that sort of thing) – I want to be able to sleep at night as confident as humanly possible I have not destroyed an innocent person’s life. Seems these guys forgot that part of the job. As someone who works in the legal system, I’m sickened by this.

  2. RDC Says:

    If you could keep the ATF agents out of the MC gangs it seems like the law breakers would be kept out at the same time. They come in instigate a bunch of Mickey Mouse BS crimes and then leach into another MC. Wake up and understand if someone wants to join a lil too much he might not be what your looking for.

  3. BigV Says:

    It pisses me off more than I can ever imagine that Justin Wilson and Brian McCauley’s lives were ruined by ATF for trumped up manufactured bullshit, and yet Blackwater had a fucking full on arms smuggling ring going on and they get a fine. No RICO. Goddammit.

  4. grimlock 1%er MFFM Says:

    i know itchy better than most, he took me in when i had NO PLACE to go. he was my sponsor into the club and i can honestly say is one of the finest men i have EVER known. He helped get me back in school and soon to graduate with a degree in aviation mechanics and aerodynamics. i was at that clubhouse numerous times located in petersburg, va. i also knew gringo AND j.d. (as they where called). beware ANYONE who at the first time you meet them wants to start talking about doing dirt. all of the charter members in this chapter KNEW there was something wrong with those scumbags, new motorcycles, endless cash flow, arrogant attitudes….just ALL AROUND shitty people. they kept trying to pressure me into dropping my patch and jumping onboard with them, ALWAYS, ALWAYS trying to scheme, to the point where it got aggravating, so i would just walk away. the atf agent who they called J.D. had this grin he would always flash that just made you feel something wasnt right, now we know what it was. anyways, about itchy, that dude served as well as i did in the USN and did it honorably. he is now on NON ASSOCIATION and living back in cali, trying to get his life back together, he has since left the club and achieve his dream of tattooing, i wish him the best. he will ALWAYS have a place in mi corazon, HE EARNED IT. i am currently still living in the same place we shared for a while. that dude is as solid as it comes, and i will check any chump who slanders him. no keyboard warrior here, straight mongol raider. I LOVE MY CLUB, LOVE MY BROTHERS AND ALWAYS, ALWAYS…..WILL LOVE MY OLDER/YOUNGER BROTHER JUSTIN ITCHY WILSON.

    respect to you rebel for holding it down. i am a big reader of your words. l/r

    GRIMLOCK 1%ER
    MONGOLS M.C.
    VIRGINIA/SOUTH CENTRAL PA CHAPTER

  5. RVN69 Says:

    Rebel Says:
    “The ATF and the appeals court described the deleted parts of his file as a “routine purge.”

    Yes, and there is still a tooth fairy,Easter bunny and a pot of gold at the end of the rainbow.

    “As I am sure I have already said too many times, we no longer have an adversarial system of criminal justice. We have an administrative system of justice that is predicated on the assumption that everybody who is charged is guilty.”

    And this system gets worse every year as the feds continually change the rules to favor the prosecution. They should just stop jerking everyone around and copy Paul Newman as Judge Roy Bean, after reading the charges to the accused he said ” Ya got anything to say before I find you guilty”

    The worthless feds send guns to Mexico in order to try to rescind the 2nd Amendment, They now admit they had Anwar al Awlaki in custody in 2004 and released him so he could go on and recruit more terrorist to attack us including Maj. Hassan at Fort Hood who they still refuse to call a terrorist even though he had Soldier of Allah on his business cards and discussed with other members of his unit the justification for killing Americans. They had an email from an FBI agent in San Diego stating that investigating Maj. Hassan would be politically difficult because he was a Muslim. Yet they have no such reservations in staging crimes, manufacturing evidence, hiding the criminal actions of their agents, and paying informants who commit worse crimes then the one’s they snitch on.

    FTF,FTP,and Fuck all the Rat bastards

  6. Phuquehed Says:

    @Junior – Yeah, I read the stuff you put up, and do my best to retain it, and even re-read it often. I just said ‘judge’ for lack of a better word in the heat of my anger at the moment was all. I figure too, that if the fuckstain actually for some reason reads it, he’ll know who I meant, whereas if he saw the word ‘administrator’, he might think I was pissed off at the bitch who files folders or something, heh.

  7. Junior Says:

    Phuquehed:

    Chances are he isn’t a judge. Many black robed men arent judges, many are administrators. What makes a judge a judge is the oath of office “taken and SUBSCRIBED” as outlined in all states Constitutions. We should call people what they are, call a judge a judge and call administrators administrators. -Junior

  8. Phuquehed Says:

    Nice too how that fucking piece of shit judge thinks no one on a jury will be smart enough to figure anything out. He’s just said that every Phd who gets on jury duty is a fucking retard and should just do as he (the judge) says so that they don’t hurt themselves with anything or get papercuts.

    Fuck you judge. Shove it up your ass sideways you commie faggot.

  9. BadMagic Says:

    Riot,

    I am very glad to hear that. I hope that is the case as well. It is hard to say a bully was wrong once you apologize to the bully.

    B-|

  10. Mr_Riot Says:

    Rebel,
    I thought so. Unfortunate that ATF’s criminal behavior is so routinely rewarded. As I said before, there has got to be a way to bring some national awareness to the SOP of the ATF (fighting crime by perpetrating it). I thought this “Operation Fast and Furious” nonsense might go in that direction.

    BadMagic,
    I believe the “From one bad decision I have literally lost everything.” remark is referring to his decision to be swindled/entrapped by a man he thought was his “brother.” I could be wrong. I don’t believe he is at all ashamed of earning his patch. I’m not 100% sure, but to the best of my knowledge he is still a patch-holder. I know there are other persons who read/post on this site who can answer that question with certainty (not that it is anyone’s business).
    Although I have not had the opportunity to meet this man face-to-face yet, I know his brother and have met his father. Both of them are decent and respectable men, I have no reason to believe he is any different.

    Thanks,
    Riot

  11. Sieg Says:

    It’s getting on time, kids…get those watering cans out, the Tree of Liberty is looking pretty parched.

    Let’s see who’s getting shot thru the grease…

    We’ve got Outlaws n Angles, Mongols n Pagans, Sons n Invaders, Bandidos n Vagos, n who knows how many smaller clubs, all getting fucked-over by either the Amerikan Terror Force or the Federal Betrayal Institute, is that about right?

    And how many feet on the street would that add up to if they all stuck together? How many supporters? How many more would come out in support of them???

    Tell ya what, I’m a nobody, haven’t flown a Patch in decades, but I propose a nation-wide truce between ALL Patches. Hang together or hang separately, Brothers.

    Imagine that first lil ripple of cold sweat going down Holders back when he saw a Pagan, an Outlaw, and Angel, and a Bandido riding side by side up Pennsylvania Avenue…

  12. BadMagic Says:

    Mr_Riot,

    The thing that bothers me the most about the letter is that it sounds like he has conceded to the corruption. “From one bad decision I have literally lost everything.” What is that one bad decision? To exercise his freedom to associate? To seek out and enjoy a fraternal organization? To live his life as he sees fit?

    I sincerely hope the decision he regrets is blindly following the government and not questioning the reality of corruption.

    For him to be willing to renounce his rights. To acknowledge the corruption and then throw himself to the mercy of said corruption is borderline hypocrisy.

    Anyone that would give up liberty for security deserves neither. -Jefferson

    The only thing necessary for the triumph [of evil] is for good men to do nothing. -Burke

    It would seem worse than nothing for a man to actively renounce their beliefs and beg for mercy from the corrupt.

    If this judge believes in Civil Rights and the constitution then they may also not like what was said as I do not. It would / could be a minor re-wording that could change the whole perspective of the intent.

    B-|

  13. Rebel Says:

    Dear Mr. Riot,

    Yeah, this would have been ATF heroes Jeff Grabman, Rick Hankins, Mark Kelly and Daniel Ozbolt.

    Rebel

  14. Rebel Says:

    RVN69,

    The ATF and the appeals court described the deleted parts of his file as a “routine purge.”

    I haven’t written much about this case but on the surface it looks like a routine ATF entrapment. The legal rationale that allows these entrapments is that the “criminals” were first “inclined” to do whatever they were entrapped into doing.

    As I am sure I have already said too many times, we no longer have an adversarial system of criminal justice. We have an administrative system of justice that is predicated on the assumption that everybody who is charged is guilty. The adminsitrative model is more efficient than the adversarial model at putting people behind bars but it has three obvious flaws. First, it assumes that the police are infallible and that everybody who is charged is actually guilty of something. Second, the system encourages police and prosecutors to over-charge every defendent so you get lots of bullshit like the crime of “communicating on a telephonic device.” Third, rich defendants are much better able to defend themselves agains these charges than poor defendants and parallel systems of justice are not justice.

    And, of course, obviously prosecutors, judges, corrections industry lobbysists, police union officials and $160 K a year ATF thugs come from an alternative universe that has virtually no relationship to the world at large in which all the rest of us live.

    Rebel

  15. RVN69 Says:

    “defenders were unable to examine sections of Grabman’s personnel file because the ATF had destroyed those documents. The appeals court stated that the government “did not clearly err” in not turning over the destroyed documents stating that “because the documents were no longer available, the defense cannot prove ‘that the evidence was suppressed by the government.’”

    The learned judges also dismissed the appellants’ claims that they should have been allowed to question Ozbolt about his conduct during the investigation. The court replied, “If the defense had been permitted to cross-examine Ozbolt about these incidents, the government likely would have had to question Ozbolt about agency rules and policies for working undercover and about the dangers to Ozbolt and the investigation on whole if Ozbolt’s cover had been blown. Permitting inquiry into these issues would have needlessly complicated the case and confused the jury.”

    Just reading this hurts my head. So to put this in plain english, the Feds can destroy evidence of misconduct by their agents so they won’t have to provide it to the defense, and the defense can’t question the agents about said conduct because the poor morons on the jury might get confused and lose track of the fact that their job is not to determine guilt or innocence, but to convict whoever the government is persecuting.

    They should tear down every statute of Lady Justice, as it is no longer fair or blind.

    “I would rather be hated for who I am, then loved for who I am not.”

  16. Mr_Riot Says:

    Rebel,
    Here is an interesting letter which pertains to the case I was mentioning above. I originally came to know of this circumstance as I am friends with this man’s paternal brother.

    http://www.scribd.com/doc/44616740/Justin-Wilson-Letter

    -Riot

  17. RLG Says:

    I’ll ask again, what would happen if shot callers inside the prison system said plea bargaining was like being a rat?

    What I am trying to say is if there was some solidarity, it would be disruptive enough to the system that the rest of society might notice what is happening.

  18. Rebel Says:

    Dear Mr_Riot,

    I don’t know. I am fairly certain that Grabman and ATF Agent Darrin Koslowski collaborated in the Warlocks infiltration. The government is getting pretty adept at managing information.

    Rebel

  19. PigPen Says:

    I wonder, if next time i get in trouble for something, instead of looking into my previous offenses, i can just have my lawyer state “Permitting inquiry into these issues would needlessly complicate the case and confuse the jury.”

    Yeah, I know, I know. But still worth a poke.

  20. Mr_Riot Says:

    Are these the same agents who entrapped a decorated Navy SEAL in Virginia Beach?

  21. Junior Says:

    …the fact that they couldnt cross examine sounds like grounds for appeal or reversal of that decision to me,,,but good luck finding an ATTORNey to take it on. -Junior

  22. Junior Says:

    Glenn S. Thats the kinda shit we threw tea in the harbor over and put our life on the line & killed every red coated bastard that could be found. …”needlesly complicated the case and confused the jury” , I think it is stuff like this coming from the courts that will fuel the second revolution, i say bring it on, it’s long overdue. Whats worse is that the defense didnt tell the judge how fucking rediculous he was and didnt file a motion demanding their right to cross examine the agents. Sorry defense attorneys, i say its their fault for folding and bowing prostrate in worship before the judge….i bet he wasnt even a judge bound to uphold the Constitution, sounds like something an administrator, not bound to uphold the Constitution would do. …make sure you get “judges” folks and not administrators,,,if you are not sure what im talking about see my previous comments on other threads for understanding. -Junior

  23. Glenn S. Says:

    So when the government cites instances of any wrongdoing by a member of any chapter of the club in question it is only presenting its case, but when the defense attempted to cross examine undercover agents, it would have “needlessly complicated the case and confused the jury.”

    Sounds like the government gets to have it both ways.

  24. RLG Says:

    “As a case law precedent, the appeals court cited U.S. v. Moussaoui.”

    Wonderful…

  25. stroker Says:

    “Permitting inquiry into these issues would have needlessly complicated the case and confused the jury.”

    And this means exactly….what?!!!

    What a bunch of slippery, slimey, lawyer-speak bullshit.
    Oh wait, judges are made from lawyers.
    Ok.
    Now it all makes perfect sense.

    with apologies to James Talley:

    “Are they gonna make us outlaws again
    Is that what it’s comin’ to my friends
    Why, I think I see why Pretty Boy Floyd done the things he did
    Are they gonna make us outlaws again”

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