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Sunday, March 14, 2010

Judge Has Reservations About Pagan's Guilty Plea

Off the Wire
MCs in the News
TIM HUBER, Associated Press Writer
CHARLESTON, W.Va. (AP) ― A federal judge delayed sentencing Thursday for an Ohio man who pleaded guilty in a sweeping federal racketeering case targeting the Pagan's Motorcycle Club.
U.S. District Thomas Johnston said he has reservations about the factual basis for Steve "Creature" Stover's guilty plea to a conspiracy charge. Johnston directed lawyers for both sides to submit additional information for him to consider before he decides whether to accept the guilty plea Stover entered in November.
"I have a whole bunch of questions," Johnston said. "Those questions have got to be answered."
Johnston's questions extend to the growing number of defendants who've agreed to plead guilty in the case. Most, with the exception of Stover, are cooperating with prosecutors and are expected to testify against remaining defendants, including former national president David "Bart" Barbeito of Myersville, Md., in May.
Earlier, Johnston had to throw out another defendant's guilty plea to a murder conspiracy when the factual basis proved inadequate. And on Tuesday a Pennsylvania man backed out of a plea deal due to questions about whether motorcycle raffles underpinning federal racketeering counts actually violate various state laws. Each plea deal involving the raffles have been based on that assumption.
"We all need to look at this with a critical eye," said Johnston. "I'm simply not prepared to accept these things as assumptions anymore."
Stover, 51, pleaded guilty a charge of conspiring to commit assault with a dangerous weapon in aid of racketeering, stemming from a 2004 trip to Portsmouth, Ohio. Several Pagan's members along with Stover and other members a support club called the Last Rebels went to disband another support club that had fallen out of favor.

There are serious questions about the facts spelled out in Stover's plea, Johnston said. For instance, it Stover knew some of the group were armed and prepared for violence if necessary. If violence were a mere "contingency" that may not fulfill one element of the federal charge, Johnston said. "Based on the record I have right now, these questions aren't answered."
Original article...
http://wjz.com/wireapnewsmd/Charleston.man.pleads.2.1553948.html