Bifield Declines Pro Se

September 28, 2012

All Posts, News

The federal racketeering case in South Carolina titled U.S. v Bifield et al. is still meandering like an old river. The case is very far from the sea. And, the action in the last month has boiled down to two issues: The inevitable superseding indictment and whether the defendants should trust their lawyers.

The 97 page superseding indictment was filed September 19. The case began on May 17. The most recent indictment is docket entry 571 in the case.

And nothing could better illustrate what a rigged game federal justice is than those three brief declarations. In the current practice of federal law first you throw the maximum number of suspects and their wives in a cage and hold a press conference to announce this victory for law and order. Then after tormenting, threatening and lying to the suspects for months the prosecutors demand to start all over again. The superseding indictment is never accompanied by the obligatory photo opportunity of smug and evil bureaucrats posing with a table full of drugs, guns and cuts but it still counts in court anyway.

The Superseding Indictment

Version 2.0 of the indictment begins with the usual, long, Gangland style description of the Hells Angels as an “enterprise” because only enterprises may be charged under RICO. The original idea of RICO was to prevent gangsters from corrupting legitimate enterprises like Bill’s Bowling Alley, Herb’s Hoagies or the United States Congress. And that original intent was eventually corrupted to mean that any  “enterprise” may be named in a racketeering indictment. But, in practice only institutions that are both arcane and unpopular are targeted – like the Hells Angels. The defendants in this case face long prison terms simply because they are members, associates, friends or relatives of Hells Angels. And, as everyone from Kurt Sutter to the WWE knows, Hells Angels are very glamorous. Prosecutors, investigative journalists and policeman all bathe in this glory.

Specifically, the new and improved indictment alleges “the Enterprise” of:

“Preserving, protecting and expanding the power, territory and profits of the Enterprise through the use of intimidation, extortion, narcotics distribution, money laundering, arson and acts and threats of violence. Enriching the members and associates of the Enterprise through, among other things, intimidation, extortion, narcotics distribution, money laundering, arson, trafficking in stolen goods, prostitution and firearms trafficking. Promoting and enhancing the Enterprise’s reputation and its members’ and associates’ activities. Assisting, supporting and obtaining assistance and support from the regional, national and international Hells Angels in their activities including: Legal matters, rivalries (such as the rivalry with the Outlaws Motorcycle Club), exchanging information about current membership, exchanging information about criminal investigations, relying on other Hells Angels Chapter members to assist the enterprise in furthering its criminal conduct and aiding and protecting other Hells Angels members in their criminal activity. Using the enterprise to facilitate the possession and use of controlled substances. Funding the operation of the Hells Angels. Promoting a climate of fear and keeping victims, potential informants, witnesses and others in fear of the Enterprise and in fear of its members and associates through violence and threats of violence.”

The generalities in these indictments are almost always a little comical – a strange mix of distortion, fabrication, fact and farce, like listening to Daffy Duck explain in detail how it is a scientific fact that there is no such thing as God.

It is clear that one either gets the concept of motorcycle clubs or one does not and most people do not. It doesn’t matter what the cops and lawyers think. Professionally, federal police cannot understand motorcycle clubs and continue to get paid at the same time. Cops and prosectuors are hired guns with ambitions. They get paid to win. So one game prosecutors play is a variation on one of Zeno’s paradoxes. Not everyone in this case can prove they are innocent of an infinite number of imaginable crimes. Consequently they all must be guilty of all imaginable crimes.

Bifield’s Pro Se Motion

Frustration with this obstinate refusal to comprehend motorcycle clubs as non-criminal organizations separate from any members who might commit crimes led the lead defendant in this case, Dan Bifield to file a hand-written motion that would allow him to represent himself, or in the cant of lawyers, to act pro se.

“I’m also requesting that you allow me to have some kind of legal assistance while doing so,” the accused man continued. “I just feel that it will be in my best interest to represent myself considering that I have been a member of the Hells Angels Motorcycle Club for 37 years! No one could explain to the jury better than I could of the fact that we are not an organized crime enterprise! I should have a right to do all that in my opening and closing arguments. I’d also like to have the right to cross examine the government’s witnesses on the stand because of illegal things and entrapment that has been done to us.”

Bifield’s motion consternated some of the defense attorneys – the ones who think they can win this case. For at least a month these attorneys have been looking for witnesses without criminal convictions who have intimate knowledge of motorcycle clubs and who would be willing to testify for the defense. One of the goals of these attorneys has been to find ways to help jurors understand that the Hells Angels is not a criminal organization and that to belong to that club does not automatically make you a criminal.

One person close to the case called Bifield’s pro se motion a “bad idea. We are all very scared this will really mess up what we are trying to do.”

In the end Dan Bifield did what his reputation said he would do at his hearing for self representation. He did what he decided was the right thing for everybody in the case. He chose “to continue representation by current counsel.”


, , , ,

32 Responses to “Bifield Declines Pro Se”

  1. Glenn S. Says:

    Just some random thoughts, rather than advice:

    In a case like this, with many defendants who can probably trust one another but might have reason to distrust their attorneys, it’s probably a great idea for one of the defendants to go pro se. At trial, there will be a number of professional defense attorneys representing the interests (or not) of their clients. Best case scenario is that they will use what they believe to be the best strategy to defend their clients without hurting one another (their fellow lawyers) in any way. Their strategy will be based on the prevailing wisdom of the legal community, which might not be the best strategy or might be incomplete strategy. It might assume an idealized version of the criminal justice system. An intellectually lazy lawyer, a less than competent lawyer, will use this idealized version as an excuse to perform at a minimal standard. The lawyers will probably not have street fighters’ instincts. And they can only humanize their clients by proxy. With one pro se defendant and several professional lawyers, the defense team has the best of both worlds, and the defendants have somebody with a voice at trial, with access to discovery and an ability to present himself and his co-defendants as people, without subjecting themselves to cross-examination.

    The flip side is that a pro se defendant forfeits “ineffective assistance of counsel” as grounds for appeal or post conviction relief, and he might miss opportunities, that a lawyer might not miss, to preserve errors for appeal.

  2. InsideMan Says:

    It is important to understand what is really going on here. Several of the defendants could totally walk if they would go to trial. Chances are they will plea to not risk it, THEY SHOULDN’T. The case is not nearly as tight as they would have you believe. There are many holes and a few big surprises for the Jury that will only be revealed when it is time. I can assure you this is not over by a long shot. As much as the judge and the DA would like to control the outcome they cannot control the jury. The jury will be influenced by the judge but they can be equally influenced by someone who is well spoken. I will let you in on a little secret, there was MISCONDUCT on the judge and federal investigators side that will be revealed to the jury. Oh yes! Things they do not know we know that will spin this case and send a tremor through the federal justice system. Everyone relax and let the games begin. Encourage anyone you know involved in this to NOT TESTIFY against each other and NOT PLEA!!! There is a very good chance the federal government may have destroyed this case and everyone will WALK! Have faith and be cool. Court is Tuesday Oct 2nd for the second bullshit indictment. Question EVERYTHING, every warrant, every wire tap, every finding and every witness. Yeah mr goberment we know….

  3. BadMagic Says:

    Update? (From Tues. Oct 2nd)


  4. Vince D Says:

    Big Ron and Lightning asked me to tell everyone who is supporting them through this time that they truly thank you and your support is greatly appreciated so thanks a lot to everyone who is there when they really need you the most.

    P.S. This whole case is BULLSHIT!

  5. Update Says:

    from Not Surprised:

    After 9 days in 100% isolation, Dan has been moved. He is now a ward of Lexington County Jail and to use his words, will have “no human contact” until release or sentencing. This is 24 hours a day. He has however been granted the rights to view related case documents unrestricted.

    He recently purchased 65 envelopes to continue his letter writing, but lost all comissary privileges and mail and phone privileges for the past 9 days and apologizes for any unintended lack of communication. He was allowed one phone call today after all those days, and was verbally threatened with being maced while on the phone.

    Here are the logistics and anyone local (Junior?) who knows the protocols please feel free to add to what is posted here.

    He can have visitors (other than attorneys) twice a week for one hour with up to four people each visit. He has to compose a list of names that cannot be changed but every 90 days.

    The new inmate phone system is “Securus” and they have a website under this name. I beieve his inmate ID# is still the same, but cannot be 100% sure.

    As of today, he can now send and get mail but do not know the status of any inbound letters sent him that were witheld during his isolation. So bear that in mind if you have a letter waiting on his reply.

    I know this info is a bit sketch but it is all there is for right now. I am hoping that others more familiar with the SC system and this specific jail will fill in any blanks…..

    It would seem that Dan Bifield is going to be treated exactly like the “animal” he has always been portrayed as.

    As far as his case, the only info I have is that as a defendant, he has a serious deficit in the way of personal trial preparation due to the restrictions placed on him. No reason was given for this transfer. . .

  6. Glenn S. Says:

    I enjoyed the support party in Spartanburg a couple of weeks ago, and wish the defendants/political prisoners the very best. Fuck the feds, fuck the po-lice, especially fuck the rats with a dick the size of an ocean liner!

  7. Rebel Says:

    Dear Not Surprised,

    Thank you for this update.


  8. Will Says:

    So Dan was moved to lex. county?

  9. Not Surprised Says:

    Yes he was Will

    Daniel Bifield 140858
    Lexington County Detention Center
    Po Box 2019
    Lexington SC 29071


  10. Glenn S. Says:

    I’ve been in both Richland and Lexington jails, and found conditions better, my keepers more agreeable, in Lexington. Maybe it was because it was whiter in Lexington. But that was over 20 years ago. Jails and laws have gotten progressively worse since then, and there’s no such thing as a good jail.

  11. Sieg Says:

    @Glenn S., you got it ‘zactly right…”POLITICAL PRISONERS”.

    Unless and until we insist on this distinction for all the Brothers who are caught-up in the Fed concentration-camp system, we won’t raise any awareness about their fates. As long as they are treated aand referred to as “common criminals”, then they may be safely forgotten and left to rot.

    Wishful thinking, but some coordination would be good…Lounge Lizards, Bighouse Crew, all the rest. A lesson can be learned from the I.R.A. and how they won recognition as Political Prisoners, and how their conditions improved after they did.

    Another revolution is the only solution.

  12. Glenn S. Says:

    Sieg said: “A lesson can be learned from the I.R.A. and how they won recognition as Political Prisoners, and how their conditions improved after they did.”

    The IRA paid a terrible price for that. (Bobby Sands, etc.) And the IRA had a lot of public support. Was talking to some friends and acquaintances last night, about the pendulum of public opinion swinging and of crime and punishment. We came to the conclusion that the pendulum is way past due to swing towards leniency, but 9-11 prevented it from happening. I don’t know what will have to happen to turn the tide of public opinion. The country has become so complacent that government agents kill people, frame people for what used to be victimless crimes and then throw them away forever, and now the law allows them to disappear people under NDAA. The public is more concerned about who won the ball game. Revolution is in the air, but I’m not even sure that would solve the problem. Many of the factions promoting revolution would gladly eliminate the Bill of Rights.

    Went to a biker event last night, and the sheriff’s deputies were there, dressed in military fatigues, just like in some third rate banana republic. I think that particular county dresses their deputies like GI Joe all the time. I try not to be pessimistic, but I think things will get a lot worse before they get better. The younger generation is used to the police state, and accepting of it for the most part.

  13. rollinnorth Says:

    Glenn S.,
    Your last sentence is probably the scariest. Sometimes I wish I was older than late 50s. Perhaps we will not see the worst of it.


  14. Sieg Says:

    @Glenn S., yeah, Bobby Sands et al paid a helluva price, but I don’t believe they had the public support the IMAGE of the “biker” does here and now. We need to use that image of the “biker” to showcase the destruction wrought on the men behind the wire, and more importanly, on their families.

    The pendulum of public opinion has been arrested, and it’s being held non habeus corpus, at a Fed Concentration Camp near you. It’s going to take a hella exposure before that pendulum gets nudged back into motion. In the countryside, it seems that people are a bit more aware, but in the cities? Forget it. Just trying to survive.

    The Constitution and the Bill of Rights have to be our guideposts, but there is no doubt that the Mandarin Class has to go. Any time I start to doubt that, or start to think, “well, maybe if this guy gets elected”, all I have to do is remember my 15 y.o. daughter lying handcuffed on the kitchen floor in her nightclothes with an Amerikan Terror Force faggot punk motherfucker jamming an M4 carbine in her ear, the selector set on “Full”, and I know that there is only one road for real Americans to take.

    Won’t be easy, won’t be free…what’s that old Cooper tune, “nothing came easy, nothing came free, nothing came at all until they came after me!”

    All I can do is to keep saying the same thing. We can fight it now, maybe have a shot at living free, or we can suffer a sure death as slaves.

  15. swampy Says:

    The Feds would be very careful to not let mainstream media paint anyone as a martyr. After the Irish Easter Rising of 1916, British Military Governor Sir John Maxwell chose to execute the leaders by firing squad in place of hanging. This form of execution caused much sympathy, among the Irish, toward the leaders and their cause. Respects, swampy

  16. Glenn S. Says:

    Where I was, last night, there were some good people accepting donations and selling items on behalf of those accused in this case. It gives me the warm and fuzzies to see that some people do not forget or abandon those that they care about under such circumstances.

  17. Paladin Says:

    In the long run, for the MCs or its members to survive, there will have to be a direct challenge to the constitutionality of RICO. This will require the MCs to pool their financial resources, and hire the best law firm that practices in the field of constitutional law.

    For anyone that’s interested, I’ve attached a link to a detailed, yet reasonably understandable discription of RICO.

  18. Sieg Says:

    Paladin, in the long run, for ANY of us to survive, at least as Free Men, the Clubs will have to cooperate, and so will all the other groups of real Americans, and the loners, and anyone else that doesn’t want to live with the Federal boot on the back of their neck.

  19. Jim666 Says:

    Im kinda waiting to see the same shit here theyre trying down under,dont know if the govt. will try that shit or not, but they need to be prepaired if they do, I just dont see the American Mc,s and for that matter most of the public taking that shit laying down, They have however been taking us down one by one for years, With all the clubs,and all their supporters here in the states, if all of us pulled together I really think we could get some shit done.
    Alot of cases overturned,rights back,a truer freedom of assambly,”w/out the feds hanging out in the trees ”
    The people that live near a clubhouse see the good that comes from that club being there.
    Others however do not,they only know what thay see on SOA,Gangland,and read in the local newspapers, which refraine from printing the truth,
    motorcycle clubs and their membership in general are the only patriots left in this waistland of zombies,
    When the shit hits the fan,I,ll put my life on the fact that 90% of the patch holders will be the first to stand their ground against any tryanny.
    In my openion that time has come.
    How many more Dave Burgess’s,Russel Doza’s,James Hicks,Steven Yee,s Derek Hale’s, Dan Bifield’s does it take before people wake up to the facts this
    Govt. we have in place is and has been a tyrannacle force put in place to drain us of our money,lives and freedom.
    Everyday I read somewhere of some sort of law enforcement idiot charged, convicted,or at very least accused of some crime and most are not victemless crimes.
    Yet when some club somewhere has a run in ,or some member of a club is accused or wrong doing it,s automaticly “RICO”and the whole club is put on trial and it,s name run thru the mud.
    I for one think it,s high time this shit stop
    Or the feds and cops Judges whatever the fuck they are be charged in the same manner that clubs and their members are charged, Ive yet to see or even hear of a police dept. fed,agancy, or govt. asso.s being charged w/ “RICO”
    It is my understanding on “RICO’s meaning of violations,That any member of any corrupt organization,that being any organization that is or has ever had any person in it,s membership that has ever commited a crime , that most if not all police dept.s fall under that catagory,with that being said any Federal Organization with a member ever being charged for any crime, should too fall under “RICO” along w/ lets say the white house and it,s employees ?
    As said here before somewhere by someone, there are so many laws being made every day, that it,s probably safe to say 100% of all people living in the U.S. and guilty of breaking at least one every day,
    This RICO.shit can go both ways, The biggest problem w/ it is most citizens dont understand how it could affect them,
    Masons,Hog,Shriners,Boy scouts,Rotary,Vfw,Fire Dept.Daughters of the Confederacy, Girl scouts, Shit this list could go forever,
    anyway thats just my .02
    Respects to most here

  20. CrazyTrain Says:

    @jim666 it’s a simple algebra equation. If Organization A has enough profits in forfeitures minus B legal fees, and that number outweighs the possible public backlash, A is added to the hit list. Plug in the Girl Scouts to the equation, wouldn’t work. Public backlash.

  21. Base Says:


    Just on assaults alone all of John law could be & should be held. All! Everything else would be the gravy.

    Respects, Base

  22. CrazyTrain Says:

    Base, it stopped being about right and wrong and the pursuit of justice a loooong time ago! It’s about money, and pure greed now. In economics it’s called the underground economy, why? Bc uncle Sam isn’t getting
    His perceived piece of the pie. So, call it illegal and lock em up and take all their stuff. Yes, one big criminal organization called The Justice Department.

  23. Junior Says:

    Not Surprised:

    Great job of relaying all of those details, I don’t have anything to add to that. I will add this: someone said they would notify us of support events that benefit Dan. Well, apparently there was one in Spartanburg that noone notified me of. I could have attended and accompanied many of my brothers that live in the Spartanburg area….. Communication! -Junior

  24. Base Says:


    No doupt, it’s always about the money.

  25. Base Says:


    Wanted to add your other “algebra equation” post is spot on as well. Not sure why I missed it before.



  26. Paladin Says:


    Key West PD: About June 1984, the Key West Police Department located in the County of Monroe, Florida, was declared a criminal enterprise under the federal RICO statutes after a lengthy United States Department of Justice investigation. Several high-ranking officers of the department, including Deputy Police Chief Raymond Cassamayor, were arrested on federal charges of running a protection racket for illegal cocaine smugglers.[11] At trial, a witness testified he routinely delivered bags of cocaine to the Deputy Chief’s office at City Hall.[12]

    Catholic sex abuse cases: In some jurisdictions, RICO suits have been filed against Catholic dioceses, using racketeering laws to prosecute the highers-up in the episcopacy for abuses committed by those under their authority. A Cleveland grand jury cleared two bishops of racketeering charges, finding that their mishandling of sex abuse claims did not amount to criminal racketeering. Certain lawyers and abuse advocates[who?] have openly wondered why a similar suit was not filed against archbishop Bernard Law, who escaped prosecution by going into exile in Vatican City.[9][10]

    Until the MCS, and bikers change how they’re preceived by the general public (potential juriors), they’ll continue to be easy targets for law enforcement. At the moment, the actions of a few (with the help of the media and the Feds), have convinced the general public (potential juriors) that MCs and bikers in general, are a public menace, and should be lockeed up.

    Public opinion drives politicians. Politicians use law enforcement as a way to let the public know that they (the politicians) are listening. The botched “Fast and Furious”, ATF operation was a perfect example of this. When the media broke the story, the general public went nuts. Then, Darrell Issa grabbed the ball and ran with it.

    Long May You Ride,


  27. stroker Says:


    Gave your link to understanding RICO a read, albeit a quick one…..came to the conclusion, that as written, the RICO act pretty much covers all the bases any alphabet agency would need to indict any entity (MC or otherwise). Much of the wording seems to say you don’t even have to be convicted of a crime to be tried under RICO. Even if you were acquitted, you (or your group) could be tried, and probably found guilty. It’s legaleeze for extortion at the highest level of any entity the LEOs or Gubmint wants to exterminate, extort, or at the very least, inconvenience.
    What mockery of a travesty of two mockeries of a sham.

  28. Va.Bob Says:

    [email protected] appreciate your posts,no disrespect intended.But is there a good reason why Steven Yee’s name is included with the other five?Was there a civil rights violation that we need to be made aware of?If I stand corrected,so be it.

  29. Wretched man Says:

    @ shovelNY
    Thanks for posting that story. Was talking to a civillian today, & as a visitor to your country I was having trouble convincing him that there is a high rate of wrongful imprisonments in the USA. Now I can E mail him the story & he can see for himself.


  30. CrazyTrain Says:

    @Insideman speaking of questioning everything. I just remembered about a federal case involving wiretapping. The indictment alleged that the defendant was only wiretapped with a warrant and listened to after he was connected to other defendants. On closer inspection, there was information listed on there, that couldn’t have been gathered unless it was months earlier which was way outside the dates on the warrant.In conclusion, the court found that surveillance had taken place unlawfully, the case was dismissed.

  31. Not Surprised Says:

    Hey Junior, I hear ya…..

    I was just relaying that info here because i was specifically asked to. Dam has expressed his deep appreciation for the site, Rebel, and all the folks who post here who share a common cause regardless of anything else. I’m not an “official” source, but I really am sorry Junior you did not know.

    I can try to do better though.

    I know Dan is writing a letter to Rebel as soon as he can. Right now, he is just glad to be where he is compared to where he was. Says the food is a whole lot better and he spends a lot of time being able to work out when he wants to and going over all the paperwork shit about his case. He actually doesn’t seem to mind isolation, and if that’s the worst they will do, he is happy

    He told me once, a long time ago, that there is really no such thing as “prison” because your mind is always free and once you get that concept, doing time ain’t shit.

    I know Greenville has a website as does Rock Hell City Nomads, and generally anything open to the public would be announced there.

Leave a Reply