What Burgess Thinks Of The Burgess Book

September 15, 2013

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Dave Burgess is the subject of a recent book titled Framing Dave Burgess and also the author of a newsletter written in prison titled Dave’s World Behind The Barbwire. He commented publically on the book about his case in the 46th edition of his newsletter published on September 14.

This is what Burgess had to say:

Greetings everyone. I hope you are all doing well in this third quarter of 2013. I am doing pretty good. I have developed a cough that seems to not want to go away. I have been to the medical facility here on the compound and they gave me a chest x-ray, some antibiotics for infection, some cough pills for the cough (they actually seem to work) and an inhaler to break up any congestion in my chest. I am feeling better, but I do still have a slight cough.

In this issue of Behind the Barbwire I would like to make a few observations and personal comments regarding the new book by Donald Charles Davis (The Aging Rebel) entitled Framing Dave Burgess.

First I want to say that even though I was not very enthusiastic about having The Aging Rebel dragging this very low point in my life through the public eye again, I am in a way thankful for it also. The main reason I was not interested in having the story retold even in my favor was because of all the embarrassment I know it caused and will continue to cause all of the innocent characters in the story. I will speak more on that subject shortly.

I know this story was written from the view point of an investigative reporter so I had no way of knowing what was or was not going to be included. All of the comments that are attributed to me were in fact made by me. I am sure all of you have already read everything of what was said by me in this book before. You read all those words right here in my many issues of Behind the Barbwire.

I believe all of the other information came to The Aging Rebel directly from the court transcripts and also maybe people who were directly involved in the case.

Reading this book is the second hardest thing I have ever done in my life. The hardest thing in my life was to sit through the actual court trial and listen to all of the awful things the prosecuting attorney had to say about me. And the way the contrived evidence against me was spun to try to make me look like some kind in insane psychopath.

If I would have had any control of what should not have been included in the book, it would have been the chapter entitled “The Hells Angels.” I know and agree with the Club about being tired of reading the name Hells Angels in any book when the book was not first endorsed by the Club.

I believe the chapter entitled “The Family Owned Business” was appropriate. After all, we are all products of our surroundings. There was one or two mix-ups in family relationships but I think they did not interrupt the flow of the story and can be forgiven.

All of the other chapters seemed to be right on the mark, and after all, there would not be a story without those chapters.

After all these years I still do not know how all of those thousand of internet style illegal-porn pictures got on those hard drives. I only know how they did not get put on there. I still believe that a defendant trying to prove a conspiracy theory is almost impossible. On the other hand, conspiracies seem to always be proven by federal prosecuting attorneys even with little or no hard evidence?

Also as a side note, when the FBI later raided my house and confiscated all of my computer equipment and all other digital storage devices in my home, there seems to be some controversy regarding what they may have found in regards to anything illegal. First they say they found nothing that would help them with the case, and then they say there may have been one illegal picture on my computer but they were not sure? (The picture never made it into the evidence. But the casual remark did.) As close as I can figure, what they may be have found was on a regular basis I would check the email account of the Old Bridge Ranch/ Mustang Ranch brothel. And I can tell you that on a regular basis I would receive all kinds of unsolicited email and x-rated advertisements that I would just delete. After all, the email address was connected to a brothel so you can imagine the advertizing that was deposited into the account. Back in 2007 unsolicited email was showing up every day and I was sure that a lot of those emails were infected with viruses so I just deleted them without ever opening them. As I think back on it, even back then, I wondered how much of that stuff was coming from some three letter government agency trying to trip me up and close the brothel down.

Now I come to the hardest part of this newsletter that needs to be dealt with. That is the evidence regarding the captions that were placed on some of the picture of a young lady who was in my care. Those captions were the hardest thing I had to look at and read during that trial. Those words were so degrading that were written about that young lady. That is the closest I have ever come to going over the top. There were other degrading things such as the many pages of text they say were found on the hard drives related to me and that young lady. After talking to many computer experts who are doing time in prison for a number of different reasons, I have come to the conclusion that no one had to take the time to write all that stuff and place it on those hard drives. All someone had to do was take an existing story that was already in a digital library somewhere and highlight one or more of the participant’s names and change those names, and all other references to those names would be changed to any name the manipulator chose. At that point all someone had to do was take the existing hard drives that already had many hundreds or maybe even thousands of my photos from events, parties, and motorcycle runs over the years and the backups from my davesworld website and transfer the stories to those hard drives along with all those thousand of forensic internet style illegal digital pictures.

So as I was sitting here reading this book by The Aging Rebel and I started reading those captions that were placed on some of those pictures taken at the Winnemucca motorcycle run, I again was transported back to that awful time in that court room. I felt so helpless then and I still feel helpless today about how those captions must make that young lady feel. The damage has been done. Even though I may have been vindicated by the investigation that The Aging Rebel came up with in Mr. Gene Jone’s testimony (Mr. Jone was the forensic expert used by my attorney) regarding the LEAD Technologies software that was used to make those captions (page 150 in the book), there is still no way to make those words go away. Someone wanted me out of business and they would sacrifice any innocent person to make that happen.

Read the book if you want. I am sure it will piss you off. It pissed me off. Remember, even though I may have been vindicated in the book, to me it was not worth it dragging that young lady through the pit once again.

Thank you all. I hope there are not too many typos.

You can read Burgess’ newsletter here.

You can browse or buy a copy of Framing Dave Burgess here.



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74 Responses to “What Burgess Thinks Of The Burgess Book”

  1. jcfromnj Says:

    “THE BOOK”. I shall now and forever refer to Framing Dave Burgess as such. Got the “THE BOOK” in 4 days from Amazon.Pretty much on board by pg 40. The machinations of “parallel construction” alone were worth the price for me, as to a lesser extent, went through something similar, but came out of it in one piece, and it’s the basis of an upcoming Federal Lawsuit. Enough said on that.

    A good read to get the flavor of what the trial must have been like is Franz Kafka’s “The Trial” Enough said on that subject too.

    I’m halfway through, and the ugly specter of Judicial Misconduct comes to mind.It’s a lot to chew on, but you can eat an Elephant one bite at a time.

  2. rollinnorth Says:

    “How Much Does a Public Defender Need to Know About a Client?
    As a recent New Jersey ruling shows, the justice system still doesn’t grasp the importance of fair counsel.”


  3. Cap'n Bill Says:

    I’m almost finished with it. It doesn’t take long to realize that the whole case was(is) a miscarriage. The LEAD business kind of stuck WAY out there. Another thing (I don’t know if this was mentioned by anyone…) is, if Dave crammed the hard drive in a tight spot in the couch of the motor home, where’s the DNA that would have been left on the couch frame, springs, etc. Also, were(are) the juror’s COMPLETELY stupid AND blind AND deaf to not see what was happening to Dave???


  4. Andy Says:

    Who gives a FUCK what this porn-peddling chomo thinks of your porn-peddling chomo loving book?

  5. Rebel Says:

    Dear Andy,

    Fuck you, you moron.


  6. Phuquehed Says:

    Wow. How impressive (please note extreme sarcasm there). Little Andy learned a new big word within the last hour and had to try to use it in a sentence.

  7. Austin Says:

    Third time is a charm…
    When I order from Amazon, my order comes in a few days. When my order includes copies of Framing Dave Burgess, my orders take, like, 5 weeks. Or get lost. Or Both. I like to think somewhere some inspector or mail-room clerk is getting an education! Trying to be patient…

  8. Road Whore Says:

    Dear Andy:

    Badge pinned on a little too tightly today?

  9. Jim666 Says:

    @ Road Whore

    Hopefully he pinned it through his jugular .

    @ Andy
    fuck off bitch

  10. chromedome Says:

    Fuckin trolls
    ….always hiding under a nutsack waiting to use that throat muscle

  11. Freeman Says:

    Andy, who gives a fucks about a worthless lil troll speaking out of his ass?

  12. Sieg Says:

    Ya know, just for all you haters, dig this. Mr. Burgess is in Bastrop FCI, which is a minimum joint. I’m not sure which side of the place he’s on, but he may even be in the camp, in which case, it’s more along the lines of a Boy Scout camp than a prison. Bastrop grants passes and furloughs, and a con can even get in line to be placed in a halfway house. Not too heavy.

    Thing is, BOP places everyone according to a point system, and if they consider you a threat, or if you have heavy beefs, you have beaucoup points, and you typically get a heavier joint. Given the fact that Mr. Burgess got sent to an extremely light-weight minimum security joint right from the get, I have to figure the FedBeast doesn’t think he is much of a threat, and that he didn’t do much of a crime.

    5 to 1

  13. base Says:

    Fuck all the haters, they are part of the problem not the solution.

    Yeah you Andy=part of the problem.

    Respects Sieg, hope you & yours are all good.

  14. Robert Says:

    It was a non-violent offense that Dave got pinched for, that’s why he got sent to Bastrop. Dave gets out May 7, 2021. Hopefully those 8 years go by quickly for him , he knows his brothers love him and will be waiting for him…an 81 for life.

  15. jcfromnj Says:

    Before I go full bore on my rant: Who’s idea was it to get Tony Serra for Dave’s defense? If I were a Black Panther in 1970 I would call him up. He was the wrong pick for the job, You need a Tech Warrior for the next caper.

    Do All Roads Lead to LEAD ?

    I’ve been doing Image editing since 1995, mostly in the area of Photography. I have a legacy copy of CS2 that Dave probably used. What I can tell you, and back up, is that LEAD was available back then as an optional Photoshop Plugin. I have deference’s going back to 1995 about LEAD Tech appearing in the Meta Dater headers. I’m enclosing an image of what the heading would look like:


    LEAD Software was used in any number of applications at the time, and you would not been able to identify the header data unless you use a Hex Editor. I haven’t been able to locate the exact plugin for Photoshop CS2 yet,as it’s no longer available, and LEAD isn’t talking.

    The LEAD lead is more contradictory as it unfold’s, as no one has the original files and access to hard drive’s. LEAD will have to be the next Defendant in any upcoming appeals. They hold the key to a lot of the technical questions that will unravel the mystery.

    Just from what I’ve seen so far, the LEAD softtware plugin was available, and could have been downloaded with little problem by ANYONE.

  16. Rebel Says:

    Dear jcfromnj,

    The only graphics software on any of Burgess’ computers was a copy of Photoshop CS1 not CS2. Burgess was not a sophisticated user so it seems unlikely to me that he would have bought and installed a LEAD plugin. On the other hand, I do not think that Burgess was so incredibly stupid as to have done what he was accused of doing.

    I think virtually everyone who testified against Burgess, starting with Trooper Matt Arnell, perjured themselves.

    I am and have been aware that the title LEAD Technologies pops in the Hex code reviews of photos altered by end users who have never installed a LEAD product. That has become more numerous as time has gone by and LEAD Technologies products gather more market share. I believe that is beside the point here.

    I believe that the obscene titles were placed on the photos entered into evidence by graphics software that included LEAD components and that that softwware was not Photoshop CS1. The two photos had not been altered except to put an obscene caption on them. I believe that the offensive captions were placed on those photos after the computer equipment was seized. I describe the complete chain of evidence in the book. If you have read the book, what do you think? And I believe that the evidence used to convict Burgess has since been destroyed.

    I describe the LEAD Techologies title found on the only two photos to be examined by someone with a minimum of technical knowledge who was not working for the prosecution to be a “smoking gun.” In 2007, the author of those titles could have been traced used LEAD Technologies user registration data. Of course everybody was too busy lynching Burgess to do that. I believe Burgess was framed and I believe the evidence used to convict him was fabricated in Cheyenne. I think any reasonable person who looks at the totality of the case would agree that Burgess’ conviction was a gross miscarriage of justice that undermines the credibility of federal justice as a whole.

    I don’t believe the LEAD lead is contradictory at all. Burgess was blatantly set up by what was obviously and undeniably a police conspiracy. I believe he was prosecuted by an unprincipled U.S. Attorney, defended by an incompetent and selfish dunce and judged by a cynical and egotistical jurist. I believe the LEAD Technologies evidence is a keystone but not the whole aqueduct. All Burgess needs is an impartial, forensic examination of the evidence that was used to convict him.

    I don’t know how competent Tony Serra is. I do know that when I wrote Serra about LEAD Technologies he ignored me. Lots of people ignore me. I don’t take it personally. If Serra dropped the ball he was hardly alone. The fact that Burgess’ request for a brief continuance so he could hire a competent attorney was never appealed and so it now can never be appealed may have doomed him more than anything else. Serra didn’t do that. The first appeals guy dropped the ball on that one.

    I don’t know how many more appeals, if any, Burgess can muster. I fear he was successfully framed. I fear the book might have been his last, best chance. It has hardly instigated public outrage.


  17. jcfromnj Says:

    Rebel: Your making me nuts. Or more than I already am.I have THE BOOK, and it references CS2.

    CS1 was first developed for the Mac in 1990, and was shipped by Apple. Version 2 shipped after that. CS1 at that time was to crude to do what the guberment say’s. Had to be a later version. The other issue that has to be addressed is the Photo Gallery software available at the time. Photoshop was not up to snuff at the time to catalog all those images.

    What version of C1 was it. You can see how difficult this is going to be,because the few people that can weigh in on this, don’t have enough hard data to try to reconstruct the evidence…

  18. Dr. Sardonicus Says:

    What gets me is – no attorney can, in his closing arguments, say the obvious – because no juror is going to admit it…

    But who the hell downloads porno images and then gives each one a title or a heading? Whenever I do it’s XXX1, xxx2, or whatever – I mean c’mon!

    The image itself IS the title and description – add to that nobody categorizes, collates, indexes this shit like a librarian.

    Only some sick LE fuck is going to do that in order to frame someone.
    It’s so goddamn obvious.

    But how are you gonna present that in court?

  19. Rebel Says:

    Dear jcfromnj,

    Nobody has to reconstruct the evidence. It would be delightful if an independent computer forensics expert had access to it. That’s all that ever needed to happen. I think there is probably no better proof that Burgess was framed, which is kind of the point, than that he was denied a competent defense.


  20. FF Says:

    @Dr. Sardonicus

    Like Jim Carroll said in people who died THIS ONE IS FOR YOU MY BROTHER


    Peace and Respect to all 1%er’s and patch-holders
    Frequent Flyer

  21. jcfromnj Says:


    Well, Rebel I have to respectfully to disagree on not having to reconstruct the evidence, since there is almost nothing in that area available to review. All that is left is a story line.

    This will be my last post on this either pro or con, as the further I get into he mechanics of the story, the more convoluted it become’s for me. I basically deal with issues that are a go or no go in the area of the digital world.

    Most of the equipment listed in the Trial section of the book is obsolete by any of today’s standards, and would have been of no real use to Burgess in the manner that the prosecution presents. The text function was available even in the early version of CS1, although it was crude and could not have processed a modern hi-res image.

    I’m enclosing an image link to what the text function in CS2 would have looked like on the HP computer listed in the Trial section:


    There is a more current menace Investigation that I’m involved in, and that is the Kiddie porn being sent as PDFs and downloaded on hard drives…looks the game has been ramped up .

  22. Bruka Says:

    Wasn’t sure where to put this, just finished Out Bad and i thought it was great, absolutely chilling but a great read. Being from England, i’m not sure how the law works over there but is there no way to put some sort of club wide restraining order on Ciccone ? The mental midget should not be allowed anywhere near a biker investigation. Also i wondered, do Suge Knight or any of the people implicated by Ciccone’s Death Row investigation know about any of his subsequent investigations and allegations of improper conduct by Ciccone ?
    Anyway, thanks for a great read Rebel, will definitely be purchasing the Burgess book too. For any British bikers or anyone with an interest in the culture on this side of the pond try Frank Thorley’s Thirty Year Scream : Running With The Wolvo.

  23. WARTHOG Says:

    Dear Rebel,

    I am finally making time to read this book. (Had it in my library since its release.) I’ve just finished “The Case” chapter and I am so pissed off I’m seeing red. This is nearly the same thing that happened to me with my PAID attorney. My attorney never went over any state’s evidence with me before the trial and just kind of “winged” it throughout the trial. He even told me after my conviction that it wasn’t like I was on a murder trial. I told him the same as Dave…no, but it’s my life!

    Eh…fuck ’em.

    Book must be well written to get my blood boiling like this. Thanks for taking the time to tell this important story. Not just the injustices done to Dave, but as a warning to all going before a judge.




  24. Eochaidh MacDhalaigh OghaChruithne Says:

    Best wishes, Dave. As anyone can read on my Apache WarDance Facebook photo album: “Fuck the Police,” one or more law enforcement agencies (or Bureaus) is trying to either murder me or frame me for the murder of Larry Link. Today is Wednesday 10 December 2014. Last night my room-mate Doris who is a snitch gave me her credit card to go to the store and pick up two 40s and a pizza. We’ve been out of food and beer for a few days (the “no-food” diet). When I returned, I noticed that her credit card is actually her government food card (I don’t have one and therefore don’t know what they’re called). Many times in the past, she’s ask me to use that card and I always told her no because I don’t need to take that risk. Last night she got me. Right after I had downed my Huricane and three fouths of the pizza, in walks her friend who I had met previously, let’s call her Donna and a new friend, let’s call her Debbi – a N.A.R.C. In opinion, Doris’s handler. Donna had already gone into the other room and I asked Debbi if I could finish the last piece of pizza. As soon as I do, Doris said it was for Donna. She played the same mind game last week when she sent me to store for some beer, two pizzas and other stuff. She was short on money and she made it clear what to get. Of course, when I get back, I should have gotten two 40s even though I was also supposed to follow her instructions to the letter so that there would be enough money. Anyway, last night I’m tripping on Doris’s mind games while talking with Donna. Debbi pulls out the stereotypical glass meth pipe and passes it around. A little later she disappears into Doris’s room. When Debbi came out of the other room she set down on the countre in front of Donna and me, something wrapped in toilet paper and returns to the other room. The thing looked remarkably about the same size and shape as her stereotypical glass (finger print friendly) meth pipe. Of course, I unwrap it and sure enough leave a good set of prints on it. The funny thing is Debbi never said that meth was smoked in it. I had my buzz from the malt liquor and couldn’t remember Debbi’s name. So, I asked her. It seemed to be the same that she said before; but, I can’t remember either time. During the night Debbi proved she’s Five – O the same way all undercovers do. She knew everything about everybody in Silver City, Lordsburg, and Larry Link, Ken, the Bandidos, the Mongols, the Bloods, the Crips, etc and then gave me only the information that the government wanted to give me. She also offered me a hit off of her cigarette, like she knew I get a buzz. That’s funny because on a youtube video about a motorcycle club, a vice president said that he got a little suspicious about the friend of a “patch” who turned out to be a NARC, when the new guy asked the vice president if he wanted a 7-Up and he thought how did he know I drink 7-Up, we’ve never met before, this guy must have really done his home-work. Anyway, my Narc went into colourd bandanas and pointed out that she was wearing a grey coloured one; which is funny, because another Narc, about two weeks ago, having been brought into my home by, guess who (yes, my room-mate, Doris) told me that Larry Link was murdered by the Grey Ghosts or he may have said Gray Riders – it could have been either, I was buzzed again on a 40. It’s really funny how right after my room-mate gets me drunk, her friends show up. When last nights new arrivals started calling each other and me, “Dawg,” I started feeling almost among friends and soon turned in for the night. When I woke up this morning, I couldn’t remember Debbi’s name. But, I do remember her saying last night: “You can’t remember her name.” Last night was a little hazy and I thought she was referring to New Mexico state police, who she said are the worst cops in New Mexico before she added the disclaimer: “Not all cops are bad.” Regardless, this morning while trying to remember the undercover’s name, I realized that her statement: “You can’t remember her name.” was a post-hypnotic suggestion. Then, I started getting a little worried, because she wanted my prints on her meth pipe and in front of her friend Donna; they got me. The weird thing is last week I found a broken cleaned out light bulb used to smoke meth on the countre. I washed it out and broke it into little piece too small for finger prints. Whatever, I wanted to remember Debbi’s name and had to ask my room-mate, Doris, who brings Narcs into my home whenever I score a 40. No matter how I phrased it, when I asked her for Debbi’s name just before walking out the door, she’d be suspicious. So, first I asked about Donna and then asked: “What’s that chick’s name who was with Donna?” Doris answered: “Someone in town. She lives over there” and pointed out the window. Of course, I asked: “Next door?” Of course, Doris answers: “No, on the other side of town.” Then she added: “She’s OK, you don’t have to worry.” She didn’t have to say, “I’m not giving you my handler’s name. As I stated in my album, Mary Link suddenly blubbered during our phone call: “My father wasn’t a bad man.” I’m beginning to think that whenever anyone blurts out something like “she’s alright;” they’re not alright.

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