Mongols MC: Feds going after clubs colors at racketeering trial

Santa Ana, California. (October 31, 2018) BTN —The feds have called the Mongol Nation "the most violent and dangerous" biker gang in the country, and they're trying an unusual tactic to dismantle them: Stripping them of the trademarked patches that are prized by members and feared by rivals.

A racketeering trial is set to begin in Santa Ana, California, later this week — opening arguments begin Wednesday — in which prosecutors accuse Mongol Nation of operating as an organized criminal enterprise involved in murder, attempted murder, assault, drug-dealing and more.

The Feds are going after the Trademarked colors of the Mongols MC

And prosecutors want to force the organization to forfeit "any and all marks" that include the organization's logo — the word "Mongols" and a drawing of a Genghis Khan-styled rider on a motorcycle.

That caricature is serious business for the Mongols, court papers say.

Higher-ups in the estimated 600-person gang "will frequently bear patches that indicate that they are officers in the enterprise," and they earn those patches through violence and mayhem, prosecutors say.

"The Mongols Gang is a violent, drug trafficking organization that advocates and rewards its members and associates for committing violent crimes, including, and specifically, assaults and murders, on behalf of the gang and in order to promote what the gang terms 'respect,' prosecutors wrote in one court filing.

In another filing, they said the club's 'Mother Chapter' may award a specific Mongols member a 'skull and crossbones' or 'Respect Few Fear None' patch to those members who have committed murder or engaged acts of violence on behalf of the Mongols."

The Feds showing off motorcycles and colors they confiscated from the Mongols MC

The U.S. Attorney's Office for California's Central District has been trying to go after the patches for a decade. Then-U.S. Attorney Thomas O'Brien first announced the unusual legal bid after 79 members of the gang were indicted in 2008.

“If the court grants our request ... then if any law enforcement officer sees a Mongol wearing his patch, he will be authorized to stop that gang member and literally take the jacket right off his back," O'Brien said at the time, according to a McClatchy report.

But that bid and a later one got shot down in court. A federal appeals court gave prosecutors the green light to try again last year. Opening arguments are is set to begin for the expected eight week trial on Wednesday. Prosecutors say they expect to call 96 witnesses detailing the gang's criminal history.

Defense lawyers say the motorcycle group is simply a loose configuration of riders in the Southwest, not an organized criminal enterprise. They also maintain that the government doesn't have the right to seize the patches of members who haven't been involved in any criminal activity.

In court filings, the group's lawyers say they plan to call former Minnesota governor Jesse Ventura as an expert witness on the group and its history. Ventura — also a former professional wrestler and actor — was a member of the the group in the 1970s. Defense lawyers also want to call journalist Lisa Ling, who interviewed the group for a CNN documentary in 2015, to testify about the "organization and structure of the club."

The government has objected to both Ventura and Ling being called as witnesses, saying neither is an expert.

SOURCE: NBC News

Bandidos MC: Maximum security prison only option for former member

Moncton, N.B. (October 30, 2018) —A “charismatic” former member of the Bandidos Motorcycle Club serving a life sentence for a brutal Toronto-area murder has lost a bid to get out of the highest-security prison on the East Coast.

A New Brunswick judge has ruled that Randolph Brown — once connected to the Bandidos MV — will keep his new “maximum security” status and be housed at the Atlantic Institution near Renous, N.B.

Brown, 47, was handed a life sentence in 2008 with no parole eligibility until June 2016 after pleading guilty to second-degree murder.

Confiscated vest with Bandidos MC colors 

He had spent much of his time at New Brunswick’s minimum-security Westmoreland Institution before being moved to the nearby medium-security Dorchester Penitentiary in 2017, and then to the Atlantic Institution in August 2018.

Brown, originally from Jackson’s Point, Ont., went to court to fight the reclassification.

Justice Denise LeBlanc of New Brunswick’s Court of Queens Bench described two sides of Brown in her ruling this month. Officials describe him as “charismatic and well-spoken,” with one saying she had always found him personable and easy to talk to. He was described as “a forthcoming and cognizant individual, someone who possessed the ability to succeed.”

But he was also an integral part of Dorchester’s “sub-culture activities, including intimidation, extortion, muscling, assault, trading in and possession and distribution of contraband/unauthorized items, possession of stolen property,” according to LeBlanc’s ruling.

Brown was seen on camera “collecting” items from other inmates, and head-butting another prisoner.

Corrections officials argued his transfer would alleviate “a major hold held over general population offenders and reducing the risk of creating either more associate participation or potential victims of the sub-culture hierarchy.”

The warden felt Brown had needs that required a highly structured environment, the judge said.

“In protecting the safety and security of the institution, I have no alternative but to approve the proposed involuntary transfer to higher security,” the warden said in a report.

In her ruling, LeBlanc said the warden’s decision was reasonable and justified, and she rejected Brown’s bid and ordered him to pay $750 in costs. Brown is one of four men who pleaded guilty in the 2005 death of Shawn Douse, a Keswick, Ont., drug dealer.

Another biker was upset that Douse had been selling cocaine to family members. Brown admitted he stuffed a T-shirt into Douse’s throat to kill him, after he was beaten unconscious.

Douse’s body was found in a Pickering, Ont., field on Dec. 8, 2005. He had been bound and gagged, with a bag over his head, and set on fire.

SOURCE: The Star

Man arrested over Hells Angels T-shirt wins hearing

Edmonton, Canada (October 29, 2018) BTN — A man arrested by security guards at West Edmonton Mall for refusing to remove a Hells Angels support T-shirt has won a hearing with the province’s law enforcement review board.

Paul Sussman claims Edmonton police officers who responded to his 2016 arrest did not take his complaint about the security guards’ conduct seriously, and that he was given the runaround when he later attempted to file a formal complaint.

The Alberta Law Enforcement Review Board (LERB) dismissed the police service’s attempt to have the complaint thrown out as frivolous and vexatious, and took the rare step of awarding Sussman $750 in costs before the matter goes to a full hearing.

Sussman was shopping with his teenage son at the mall on Aug. 28, 2016, when he was approached by mall security for wearing a Hells Angels “support T-shirt.”

Sussman was told to remove the shirt or leave because gang support paraphernalia is against mall policy. He was told if he did not leave he would be removed for trespassing.

Sussman refused because he believed the request was unlawful, the decision states. When security attempted to arrest him, he allegedly became “belligerent and aggressive” and resisted by linking arms with his son to avoid being handcuffed.

Security eventually took him to the ground, arrested him and took him to the mall security office. Two police officers arrived to deal with the case, though no charges were laid in the case.

The officers drove the man and his son to their car. During the ride, Sussman said he wanted to file an assault complaint against the guards but the officers “did not give him the form and did not take his complaint seriously” and told him instead to visit the west division police station.

Sussman went to the station the next day and told an officer at the front desk that he wanted to lay a complaint against mall security. According to the complaint, Sussman was wearing the same shirt and alleged the officer “refused” to help him.

“The appellant (Sussman) was of the opinion that it was because of his shirt,” the decision states. Instead, the west division officer told him to call the police complaint line. When he did, he was told to contact one of the officers who responded to the mall complaint.

Around a year later, Sussman filed formal complaints with city police, claiming the two mall officers and the west division officer failed to properly investigate his complaint. Police Chief Rod Knecht ordered investigations into the complaints but found there was no reasonable likelihood the officers would be convicted of misconduct.

The officer working at west division, however, was given a warning about “providing good customer service to citizens trying to report matters to the front counter.”

Sussman appealed the complaint to the LERB in April. Knecht and the police service sought to have it dismissed as “frivolous and vexatious” but the board disagreed.

The board also ordered each officer to pay Sussman $250, saying costs were warranted because their submissions failed to establish the complaint was made in bad faith and “attacked the appellant unnecessarily and on a personal level.”

The complaint will go to a hearing before the LERB, though no hearing dates have been set. The board hears appeals from both citizens and police officers outside of internal police complaints systems.

SOURCE: Edmonton Journal 

Pittsburgh Mayor defends drunken cops who started fight with Pagans MC members

Pittsburgh, PA (October 27, 2018) BTN — Pittsburgh Mayor Bill Peduto on Friday pushed back against Allegheny County District Attorney Stephen A. Zappala’s characterization of the city police investigation of a brawl between undercover officers and members of the Pagans motorcycle club.

Kopy's Bar in Pittsburg, Pennsylvania

Mr. Peduto called Mr. Zappala’s statement that he had problems with police management “disappointing” and “unfortunate,” and said he had not yet decided whether the undercover detectives used appropriate force when they fought with four Pagans in Kopy’s Bar on the South Side on Oct. 12.

Related |Pagans MC: Bar owner says cops would not leave MC members alone

Related |Pagans MC: District attorney waits on critical info from cops 

Related |Pagans MC: Attorneys say new video shows cops started bar fight  

Related |Pagans MC: The cops were drunk and started the fight

“What I saw is troubling, with the actions of escalation of force that didn’t seem to be warranted, but without full evidence of what actually happened, it’s very difficult to make that judgmental call,” Mr. Peduto said. “And a district attorney’s role is to investigate first, then comment; not comment and then do an investigation.”

Mr. Zappala said Thursday that Pittsburgh police initially turned over only a small part of the video evidence  in the case, and that his office did not receive the rest for more than a week. Mr. Peduto said Mr. Zappala received all the evidence he wanted within 48 hours of the request.

“I can understand why he would want information immediately, but some of that had to be obtained by our officers, such as the cameras, the video, and then compiled to be able to give that to him,” Mr. Peduto said. “I think 48 hours is a fair amount of time.”

But Mr. Zappala’s spokesman, Mike Manko, said Friday it took far longer than 48 hours. The DA’s office requested the evidence Oct. 18 and received it Wednesday -- a day after the office was forced to postpone a scheduled preliminary hearings for the Pagans. Additionally, Mr. Manko said, body camera footage was delivered late Thursday afternoon.

“These requests are memorialized in dated emails,” Mr. Manko said.

Mr. Peduto also said Kopy’s Bar was frequented by motorcycle gangs and that area is “suspected of being a major trafficking area of illegal drugs.”

Mr. Manko said police evidence does not support that characterization of the bar, and an attorney for the bar, George R. Farneth II, said Friday it’s simply not true.

“We categorically deny that allegation and would encourage the mayor to come forward with all the evidence he has to support such an allegation,” Mr. Farneth said. “Short of doing that, this is a veiled attempt to cover for a police department for his city that in a lot of respects is out of control, as evidenced by these police officers.”

Mr. Farneth said the bar has not been cited by the Liquor Control Board or has needed to call police for more than a decade. Mr. Farneth said Kopy’s Bar is not frequented by bikers.

“If you go on a regular day of the week, any day of the week, the chances of a biker being in the bar are slim to none,” he said. “It’s locals, everyday common folk.”

Six members of the Pagans motorcycle club were there Oct. 12., and four left in handcuffs. Frank Deluca, Erik Heitzenrater, Bruce Thomas and Michael Zokaites each face several felony charges as a result of the fight, which their attorneys contend was started by intoxicated undercover detectives.

Detectives Brian Burgunder, David Honick, Brian Martin and David Lincoln had been drinking in the bar from 7:33 p.m. until the fight about 12:40 p.m., surveillance video shows.

Police officers are prohibited from drinking alcohol while on duty, but Mayor Peduto said Friday there is an unwritten understanding that undercover officers can drink while on the job to maintain their covers.

“That being said...someone would be expected while doing undercover work to be able to consume while still being able to properly respond,” he said. “And not being in a situation where the intoxication level would jeopardize themselves or other officers. That’s what we’re looking at right now. There isn’t a policy in place, it’s a common sense call.”

Attorneys for the men arrested say each of the undercover detectives drank between 13 and 19 drinks, many on the rocks, before the fight broke out.

The mayor said he’s asked Pittsburgh police Chief Scott Schubert and Public Safety Director Wendell Hissrich to create an alcohol policy for undercover officers by looking at how other cities handle the matter.

Mr. Farneth on Friday called on police to be more transparent and said they should release body camera footage from uniformed officers who responded to the fight to resolve any lingering questions about how the incident and subsequent investigation were handled.

The affidavit in the case, written by Detective Burgunder, was not finished and filed in City Court, Downtown, until 1 p.m. Oct. 12 -- nearly 12 hours after the fight. The document was approved by the District Attorney’s office about 11 a.m.

That timeline appears to violate Pittsburgh police policy, which typically requires officers to finish reports before the end of their shifts. Defendants cannot be arraigned or processed at the jail until the police affidavit is filed. Court records show the Pagans were arraigned about 6:40 p.m. Oct. 12.

Pittsburgh police spokesman Chris Togneri would not say Friday whether Detective Burgunder was granted permission to wait to file the paperwork. Elizabeth Pittinger, executive director of the Citizen Police Review Board, said Friday the end-of-shift policy helps ensure that officers can accurately recall what happened.”

“I think it’s inappropriate that it was filed so late and I believe it’s also contrary to the policy expectation that the report be completed prior to the end of shift, and with the rare exception and with a supervisor's approval,” she said.

SOURCE: Pittsburgh Post Gazette