Who Framed Dave Burgess

August 31, 2013

All Posts, Features, News, Reviews

Dave Burgess, as I first pointed out here on February 9, 2009, was framed.

Burgess was, virtually by acclamation, the nicest Hells Angel you would ever want to meet – a kind, generous, compassionate guy with an artist’s soul and beautiful women draped on his arms – but he was framed anyway. He was framed because he made powerful enemies throughout his life. He was framed because he owned what was left of the Mustang Ranch. He was framed because his whore-earned prosperity enabled him, at least potentially, to make a difference in court cases brought against Hells Angels. And obviously, Burgess was framed to embarrass the Hells Angels Motorcycle Club.

Burgess was accused of possessing almost two ounces of cocaine and marijuana following a “routine traffic stop” just outside Evanston, Wyoming on July 24th, 2007. Forty-five days later he was indicted for amassing the largest child pornography collection ever discovered. Burgess was, or so the official case against him went, so obsessed with child porn that he brought a backup of his collection with him. The jury that convicted him, and many Hells Angels around the world, were led to believe that Burgess had actually molested the daughter of one of his club brothers.

Obvious Lies

I always thought that all the accusations made against Dave Burgess were obvious lies. I spent three and a half years trying to determine exactly which branch of government was behind the framing. I was greatly assisted by a couple of people who were neither Hells Angels nor policemen. They know who they are. Without them the book never could have been written.

Burgess was framed as part of a great, plausibly deniable, federal conspiracy. I spent a long time looking at the FBI Anti-Terrorism Task Force in Las Vegas but I couldn’t pin the framing on them. In the book, I mention the SOD, the inter-agency Special Operations Division, as representative of the kind of secret task force that probably framed Burgess. But I can’t tell you specifically who was behind the frame up. The sad truth is that the American secret police establishment is just too Byzantine to be able to say the FBI did it or the ATF or Homeland Security did it. I could if I had subpoena powers but unfortunately, I don’t.

I can tell you that the plot to frame Dave Burgess was broad enough that a malfunctioning hard drive was stolen from a drawer in his home in Reno sometime before July 20, 2007 and what is apparently the same drive later appears in Cheyenne, Wyoming in September “chock full of porn.” I can tell you that the plot to frame Dave Burgess was transparent enough that almost everyone involved in it provably lied.

In the end, it doesn’t matter which secret federal police force imagined the framing of Dave Burgess. What I learned in writing this book is that very broad federal conspiracies are never carried out by the unscrupulous policemen who invent them. They are subcontracted. In Burgess’ case, the man who stole the hard drive and the people who actually fabricated evidence against Dave Burgess would never have had contact with one another.

Cheyenne ICAC

In Burgess’ case, the dirty end of the stick was in Wyoming. The evidence used to frame Dave Burgess was fabricated in Cheyenne. That is where the facts point. It was a blatantly obvious conspiracy carried out by as many as a dozen members of the Wyoming Department of Criminal Investigation. The evidence points most directly at senior agents in the Internet Crimes Against Children Cheyenne Task Force, a federally funded “state” police agency.

The two agents who seem most likely to have actually fabricated the evidence against Burgess are named Flint Waters and Robert Leazenby. They had the time, the opportunity and skills to frame Burgess. Waters has made a fine career out of kiddie porn. He has appeared on Oprah, accompanied Laura Bush to Paris and he is now the Chief Information Officer for the State of Wyoming. He and Leazenby are both self-taught computer programmers.

There is a smoking gun in the case. As recently as the final day of Burgess’ trial it would have been absolutely possible to exonerate Dave Burgess and incriminate Waters, Leazenby or whoever else was involved in the plot. Unfortunately, Burgess was represented by a public defender named Jim Barrett, who is at least a nominee for worst defense lawyer in the world. The Burgess case is so extremely corrupt that it is impossible not to think Barrett was selected to defend Burgess because of his loathsome incompetence and stupidity. Before, during and after the trial the prosecutor in the case, Jim Anderson, pursued Burgess like a psychopath and readers can decide for themselves whether Anderson was involved in the plot to frame Burgess or not. And, readers can also decide for themselves whether the judge in the case, a man named Alan Bond Johnson, was actually in on the plot or whether he was simply the passive aggressive old bastard portrayed in the public record.

Judge Johnson

Johnson’s rulings in the case denied Dave Burgess a fair trial. Burgess was accused of possessing at least 58,000 obscene images. Anderson repeatedly told the judge and jury that the Burgess porn trove was much larger than that. At Burgess’ sentencing, Judge Johnson accused Burgess of possessing 30,000 more obscene images than had previously been asserted. Out of all of that, only two of those images were ever examined by an independent forensic “expert.” The expert was the Guamanian IT guy in the Denver federal defenders office. His name is DVDJ G-Funk. G-Funk looked at the Hex code hidden in two of the most incriminating photos. His examination lasted for 40 minutes on the last day of Burgess’ trial. Unfortunately G-Funk hardly knew what he was talking about and nobody else in the courtroom that day did either.

What appears to have been Burgess’ last chance at vindication unfolded last Spring. Burgess’ current cadre of lawyers moved for a look at the evidence used to convict him. The motion was based on the grounds that Judge Johnson had erred several times during the case and that Burgess’ lawyer was incompetent. Johnson turned them down and ended his 150 page decision with the chilling words, “Accordingly, no evidentiary hearing is required.”

Consequently, the evidence used to smear and imprison Dave Burgess and smear the Hells Angels has never been forensically examined except by the people who framed Burgess in the first place. Save two, the dirty pictures have been stared at but they have never been independently, forensically examined. And the obvious reason to deny Burgess an evidentiary hearing is that the evidence used to convict the man has now been destroyed – to protect the people who framed Burgess in the first place.

If you are intrigued by the Burgess case, or if you care about Dave Burgess, or if you are interested in the world of outlaw motorcycle clubs, or if you just happen to like the way I write you can learn and read more by buying a copy of Framing Dave Burgess: A True Story About Hells Angels, Sex And Justice by Donald Charles Davis. You can buy the book here.

If you really care about Dave Burgess, buy a bunch of copies. Keep one for yourself and give the rest away to people with the power to actually do something about this horrifying and grotesque miscarriage of justice.


, , , , , , ,

130 Responses to “Who Framed Dave Burgess”

  1. Kirby Carmichael Says:


    I’ve been busy and just found out you finished your Burgess book! I’ve been waiting quite a while to hear this news. I ordered your book off Amazon and look forward with excitement to reading it; although I know my blood pressure will shoot up and my wife will repeatedly tell me to stop ranting out loud. I’ll probably have to go riding just to let off steam.

    I’ve brought Burgess to the attention of many people who were formerly unaware of his problems – some of them have been outraged, others think I’m defending something that makes their lips curl and their eyes squint – kind of like I farted at a cheese soup dinner. Fuck ’em. There’ll always be folks that find propaganda more appealing than facts – or what’s a heaven for?

    From a FAN,

  2. Rebel Says:

    Dear Kirby,

    Thank you for your kind words. Prepare to be outraged.


  3. jcfromnj Says:

    Damn you Rebel, now I have one more book to read. Seig: Meta-Data ?
    NOW Im f-in impressed! Take back all the nasty shit I may have said about you.

    Lou… The CATO Institute has a great video panel of the author of Rise of The Warrior Cop http://www.cato.org/events/rise-warrior-cop-militarization-americas-police-forces

  4. md6985 Says:

    Why was he using a public defender? Just curious. This article makes it seem like he was targeted cause he had cash and could possibly help any other Angles out with their legal expenses. Then he gets a public defender.

  5. Rebel Says:

    Dear md6985,

    Burgess was using a public defender because all his money had been frozen by the IRS in a dispute that was over, basically, whether women who worked at the Old Bridge Ranch were independent contractors or employees. Burgess said they were independent contractors. The IRS said they were employees and billed him for uncollected taxes AND penalties. The conditions of his home imprisonment basically confined him to his home and his ankle monitor interfered with his phone. He wanted to start a defense fund but the conditions of his home imprisonment precluded that. So he was assigned a public defender at the beginning of the case.

    I am not going to recapitulate the book here. Why don’t you buy a copy and read it. You might learn something.


  6. md6985 Says:

    Thanks Rebel. I made a thread in another forum about this miscarriage of justice and that was one of the question that came up. Its a total witch hunt and bullshit. I have already ordered the book. Just waiting for in to arrive. Keep up the good work.

  7. Base Says:

    Just finished the book.

    They say justice is blind?

    It is obviously deaf & dumb as well and perhaps should be replaced by the three monkeys deaf, dumb & blind.

    This entire case is such a miscarriage of justice and so obvious that David was railroaded from the moment he was stopped,through the investigation right up to the trial by an over reaching prosecution, an arrogant judge and a inept council, while the real criminals in this case are walking free an innocent man sits behind bars.

    They must be so proud of them selves.

    It is truly time to put these power drunk ass holes under the boot and hold them all accountable for what they have done and right all the wrongs. Every single one of them!

    This book should be mandatory reading for every person going through law school. Matter fact it should be mandatory for high schools social studies as well.

    Free thinking America is slipping away.

    As a personal note I truly would like to shake your hand in person some day Rebel. As I am sure many that read here would.


  8. Sieg Says:

    Just as a kinda yardstick…

    My case was relatively simple, sales of firearms to felons. No real complications.

    I got a Federal Pretender after being told by “real” lawyers that the ANTE was 30K to play, and north of 60K if they went to trial.

    Figure for a case like this, lots of experts, witnesses, analysis, you’re looking, minimally, at around a hundred large. Not too damn many scooter-tramps can swing that ching.

    Federal Pretenders…they are wonderful at pleading you out. Go figure…they are at the mercy of the judge and prostitutor for their livelihood, and people expect them to actually work for the defendant?!?!?!?

    With a nod to WARTHOG, fuck ’em all.

    5 to 1

  9. Base Says:

    So very true Sieg

    Been in the sights of the beast before myself.

    Makes me think of this tune for some reason, people always worried about their “ends” and if it means running over another, so be it.


    With Regards & respect

  10. WARTHOG Says:


    That’s their job. They work for the state samey same as the DA. Their case loads are so heavy that they don’t have time to put together any form of defence or even a decent plea. Fuck, it was like pulling teeth to get him to ask the judge to lower my bond so I wouldn’t have to spend another couple weeks at the Crook County Hilton. Yep…fuck ’em.




  11. Wretched Man Says:

    Just finished reading “Framing Dave Burgess” & as Rebel warned, I am outraged!
    I will be reading it again, just to familiarize myself with the story, & wrap my head around certain details.

    In the end there just remains no plausible explanation for the mistreatment Dave received, somebody wanted to strip him of his good standing.
    A sad day indeed.

    Respects to Rebel for facing the fedbeast & telling the truth

  12. chokeachicken Says:

    15 YEARS!??? are you serious? i do not read every conviction but i have never heard of anyone getting 15 years for even raping a child. I really do believe this is a gov. conspiracy. i have got to get this book as soon as possible. how the hell is someone going to have 80,000 images of anything without spending more time than the average person has to spare. and this guy is in a motorcycle club and has a business you would need a damn supercomputer or images from a drive ( in the evidence locker?) just to get that many images of random pictures on the internet. who the hell was the jury in this case Iron Order? i just read about the image number sentence and the fact that he had a business and is a member of a motorcycle club and i can tell you this is such fabricated bullshit it makes the devils ride look real.

  13. KCToon Says:

    Dave needs a top-flight personal injury lawyer to sue the U.S. on a number of charges. His criminal conviction doesn’t stop his civil rights to sue the U.S. (and all involved) for an illegal use of the courts and a maliced ruination of his life – and P.I. lawyers work on a contingency basis and wouldn’t cost Dave a dime. Every charge against Scott Hughes, ICAC, Flint Waters and Robert Leazenby, et al., would be justified by the LEAD notations in the hex code testified to and in the trial transcript. Faking evidence is a charge that the individuals and organizations, whoever the guilty parties are, would not be shielded from by the old ‘you can’t sue the government’ law. Filing multiple state and Federal lawsuits and citing the hard drives as evidence would lead to either production of the hard drives or knowledge of a date they were destroyed and who ordered them destroyed. Once that’s established, can’t you hear the fingers of cowards whipping around pointing everyone out? Any such result could also be considered “new evidence” for another appeal of Dave’s conviction.

    Is there any P.I. lawyer out there who’s got a big mouth and wants a reputation as a defender of government victims?

    Or is there any ballsy Federal Prosecutor out there who wants to press charges against ICAC for production of kiddie porn outside their scope of authority?

    Great work, Rebel. I’m proud that I urged you on when you had doubts about writing the book. Keep us all informed if you feel there are any consequences being directed at you.

  14. BMW Says:

    A very well-written book about an extremely unsavory subject: FEDERAL FABRICATED CRIMES. Good work, Rebel! I’ve enjoyed your earlier work, and of course, the writing here on this site, so I expected nothing less. I bought two copies, so I could keep one at the clubhouse for my brothers to read.

    I just finished reading the book, and in addition to being outraged, I am reminded of the now-infamous Co-Intelpro program that targeted those who opposed the war and the civil rights movement for about thirty years or so. I am outraged by Burgess’ case, but sadly, it is just one of many such deliberate and outrageous violations of US citizens’ civil rights. Fifty years ago, the feds would have just called Dave a Communist, and that would have led to economic ruin. No one would have been brave enough to look closely at the evidence…public opinion was that, “He would not have been charged if there was no evidence”…but eventually, when the evidence was examined, most often the “Communist” charges were false.

    Remember the “witch trials” charging child abuse in Wenatchee, Washington? Eventually, 27,000+ charges of child abuse were made against more than 40 people! Sounds like the same sort of astronomical number of charges made against Dave Burgess…some people even plead guilty when they could not get any support to fight the charges. Of course, we now know those charges were false…although people did not want to look very closely…

    “Wenatchee, Washington, got world attention in 1994-1995, when it found itself in the midst of what was characterized as history’s most extensive child sex abuse investigation. Three years later, the investigations had fallen apart amidst accusations of abuses by police and state social workers, and alleged false confessions, badgered child witnesses, and evidence based on the generally discredited “recovered memory” theory. The cases eventually came to be known as the Wenatchee Witch Hunt.” HistoryLink.org

    Now, the federal fabricated false charge can be child porn, and of course, no one wants to look closely at the evidence…though now we know that there was no evidence of child porn until it was fabricated in Wyoming…Most potential jurors will still say “He would not have been charged if there was no evidence”…

  15. Glenn S. Says:

    There were baby rapers in the prisons I was in. They all either looked, talked, and acted like citizens or were derelicts similar to the mentally retarded homeless. They had either spent their whole lives camouflaging themselves so that they would be trusted around children or were so obsessed with their urges that they were unable to focus on much else. I do not recall one single baby raper being a professional criminal, an outlaw, a biker, or a rebel. They have a look, a feel, a vibe I’ve never seen or felt around professional criminals, outlaws, bikers, or rebels. Society misses that because they expect predators to look like me, not like themselves.

  16. Road Whore Says:

    @ BMW

    Very well stated, and something that all of us need to come to realize: many of the things that we believe to be the absolute truth are nothing but myths when the true evidence is objectively analyzed.

    Halloween candy poisonings: nutcases randomly poisoning and/or inserting potentially deadly objects such as needles, etc., into children’s candy. We all know the danger of this, right? The papers report it every year; police departments warn us about it; hospitals offer to x-ray Halloween treats free of charge…but, just like all of the other fabricated nonsense that gains a life of its own and is generally accepted to be the Truth, it never happened:


    What’s so disturbing is our willingness to accept any accusation, rumor, innuendo, etc., as fact without being privy to, or willing to investigate in order to find out, what the real facts, the truth, actually is.

    We’re raised with such inaccuracies from grade school on up. One of the biggest myths, inaccuracies, and outright lies is the famous Midnight Ride of Paul Revere. Revere did not ride alone; he wouldn’t have yelled, “The British are coming!” because it would make no sense: the Colonists still considered themselves British; Revere never even reached Concord, instead being detained by and arrested by British troops.


    (The show plays out in 2 minute segments iterrupted by commercials, but is worth the hassle.)

    Our lives are full of myths, lies, inaccuracies, and assumptions about peoples’ guilt or innocence based mostly on heresay and rumor. And our press, instead of digging for the truth and exposing it, instead pandors to the lowest common denominator which is the base need for entertainment and our all too willingness to automatically believe in the bad, the bizarre, and the outrageous as truth.

    When we lived in upstate NY we had a blizzard that dumped about 2 feet of snow on us in a very short amount of time. Standard fare. You stock up on a few groceries, make sure the flashlights have spare bulbs and batteries, that the car’s gas tank is full, and that you have plenty of wood for the fireplace. The sanders/salters run 24 hours a day and the roads are kept reasonably clear, and usually power doesn’t go out, and other than having to drive a little more carefully life pretty much goes on as usual. Not even a blip on the radar screen. And yet, only a few weeks later, another blizzard was forecast with about the same amount of snow, and TV weather stations literally touted this one as “The Storm of the Century!” I was so dumbfounded I couldn’t believe my eyes and ears. Same shit happened as before (normal upstate NY life dealing with a bunch of friggin’ snow) and life went on as before. Yet this one the news people decided to hoopla; guess ratings were down, and/or the sadists that propagandize the news decided that folks needed the shit scared out of them.

    When we’re so conditioned to accept the spoon-feeding that we’re given on a daily basis, is it any wonder that no one pressed for the truth about Dave Burgess.

    Ride Free

  17. slow-n-low Says:


    I found your website a while back by accident. I was at an event where there were a number of Iron Order members acting like douchebags, so I ventured on to the interwebs to find out who the hell they were.

    Started reading about Dave Burgess and decided to pick up the book. I am usually a fairly quick reader, but I found myself continually putting this book down because I was so pissed off. Am I shocked? No. It’s the Government’s world and we are just lucky to be living in it.

    Thanks for writing the book. Anyone who gives a fuck about our country need to read this. Remember, this could happen to anyone.


  18. Rebel Says:

    Dear slow-n-low,

    Thanks for your kind words. A special prosecutor should be appointed to review the Burgess case.


  19. FF Says:

    Aint gonna lie, Rebel. It’s a hard read. Every page just fills me with rage, sadness and horror.

    Meanwhile, Larry Brinkin got only 6 months and he keeps his pension:


    What a world.

  20. Radar Says:

    I never have trusted this government,but I still love this country,We the people need too take it back!I read the book ,things dont sound too good for Dave,I believe him,and he deserves a real Trial,Good luck too Dave and Thank you for doing what you do.

  21. Latigo Morgan Says:

    I passed my copy along to a family member who lives in Reno. Turns out he is a passing acquaintance of Burgess, but was better acquainted with Joe Conforte. He pretty much confirmed everything Rebel wrote about Burgess.

    He believes the only thing Burgess is guilty of was being naive and too trusting.

  22. Jim666 Says:

    I sent a copy to a girl I use to date who`s father still works on capital hill she said she would make sure her father read it . not sure if it`ll go anywhere beyond that or not, but I felt It was worth a shot. that is if he is a true American.

  23. Paladin Says:


    If what Brinkin did doesn’t qualify as a violation of the public trust (moral turpitude), I can’t imagine what would. Of course we have to keep in mind that this crime occurred in San Francisco, where the bar for moral turpitude is set at such a height so as not to be visible to the naked eye.

    Long May You Ride (to those that deserve to),


  24. FF Says:


    It’s become obvious yet so many sheep is this country refuse to see that there is an abhorrent, unconstitional double standard in the Justus system. There is the lawyer-political class and the drone beauracrats and then there are the plebes.

    As for Mr Burgess’s case, the corrupted, compromised chain of custody of the computer alone should have been enough for any judge to throw this case out. This should not have even gone to trial.

    But perhaps this is the conspiracy side of me talking— I truly believe that a majority of those in power, particularly judges, are degenerate pedaphiles who project their own self loathing onto others, and destroying a masculine man such as Burgess provides no greater perverse thrill for them.

  25. Mike 184 Says:

    @Jim, solid right there… Someone somewhere right!?!?!?!

    I haven’t read it yet… A deal between the Wife and I (She never knows what to get me?? Bike parts duh), but I have looked and looked and spoken to the people closest to me that might have known or known of him. All the same, great caring man. Sure his business turned some off, but from what I gather that is how he treated it like a business and that’s all.

    Anyway, just so that some know how small the world is, this fall I was at an event talking about reading Mr. Barger’s book. One of the best parts for me is when he is depicting how his defense caught the prosecution and sheriffs bribing witnesses. When this came out someone starts clapping. The judge is furious and demands to know who made such an outburst. One member stands up and raises his hand, his only hand…. Kills me every time I read it, but just then a member comes into our campsite asking for a lighter… with one hand… and the rest, well, was a killer time. Not sure if they are one in the same, but hell timing is everything!

    Have a good Sunday all. I’m gonna find some wind… after an hour or so of sleep… maybe!

  26. Bobby Says:

    Rebel ask around about former reno hamc member TC and how David had photos of his daughter, disturbing ones. And how cops showed him the photos and he quit the club. Sounds like smoke to me.

  27. Rebel Says:

    Dear Bobby,

    I talk at length about TC’s daughter in the book.


  28. Fin MacCool Says:

    Brother Donald, just bought it. Can I thank you for your heroic act to attempt in assisting this Brother. I was myspace friends with ‘Alpha Male’ BITD. I emailed many people about this and have had you site bookmarked for years. I contacted his sister by email and sent a link for all the http://www.innocenceproject.org/ and she said she would print out and bring the applications to him. I am sure she did. It seems the case revolves around hard drive forensics. The chain of custody and the fact it was siting in a government kiddy porn ‘honey pot’ server room, as I learned years ago on your site, is really the whole story, weather they stole it from him or dug it out of his garbage, As for the Judge, http://www.goodreads.com/quotes/21810-it-is-difficult-to-get-a-man-to-understand-something Brother Dave needs the best computer hard drive forensic expert available that is working for him and the truth, not the feds. If there is anything I can do, including publicity etc. please email me. I put your book on Chuck Zito’s facebook page and you website on Sonny Bargers.

  29. Rebel Says:

    Dear Fin MacCool,

    The problems Burgess has now is finding grounds for and the money to pay for an appeal. He is a worthy cause. I would personally appreciate anything you can do to help the guy.


  30. Eochaidh MacDhalaigh OghaChruithne Says:

    Rebel, you may have just saved my life. After I was thrown out of my storage unit where I lived early last winter, I went back for my desktop computer. It was gone and the lock was off the door. Between the time someone ratted me out at the unit and returning for my desktop, a D.E.A. snitch who really really doesn’t like me was said to have rented a unit three units away from mine. I thought she stole my computer just to fuck with me. Thanks to you, I’m ready. Get this, I gave another desktop to an old woman who lived with me about a month before my other desktop was stolen from the unit. She was a meth-whore who played porn CDs on my former computer with her clients. About a week after I gave it to her, I noticed that the E key on the key-board had been busted. When I asked her what happened, she said she didn’t know. Then, she threw out the desktop. Stay with me; So, about three or four months later at my new residence, a couple of people who I don’t totally trust, asked me about my computer as if they were surprised that I don’t have it – as if they want me to have a computer. I’m still fighting thanks to you.

Leave a Reply