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Wednesday, February 16, 2011

Judge denies change of venue in Hells Angels case

OFF THE WIRE
Yavapai County Superior Court Judge Celé Hancock denied without prejudice on Friday a motion to move the trial out of Yavapai County for men affiliated with the Hells Angels in connection with a shootout between the Hells Angels and Vagos motorcycle gangs in an unincorporated area northwest of Chino Valley on Aug. 21, 2010.
Richard Gaxiola, attorney for Michael Trevor Koepke, who filed the change of venue motion, said it would be more "appropriate to discuss during jury selection."
"I agree," said Hancock about her decision to deny the motion at this time.
On Nov. 5, Gaxiola filed a motion with the court to move the trial out of Yavapai County because of local pretrial publicity, citing stories in The Daily Courier, The New Times of Phoenix, and KPHO and, in particular, comments made by readers that were added to the stories online.
"After reviewing the above articles and comments correlated therewith, one can reasonably surmise that the media has consistently maintained a significant slant against the Hells Angels that has rubbed off into the Prescott community and potential jury pool," Gaxiola wrote in his motion. "Accordingly, in an effort to allow Mr. Koepke to maintain his constitutional rights ... of an impartial criminal proceeding, this court must permit Mr. Koepke to change his trial venue."
On Nov. 12, prosecutor Dana Owens responded by writing, "To allege this type of normal, everyday news reporting rises to the level of prejudicial pre-trial publicity is without merit."
Owens also wrote that "many of the posts (online reader comments) show support for the HA (Hells Angels)."
Also on Friday, Hancock said she would grant a motion that would provide the identities of civilian witnesses to a defense team investigator once all defense attorneys signed a stipulation not to divulge the witnesses' identities to their clients or any other third party.
Earlier this week, Hancock denied a motion Wednesday to send the case back to the grand jury filed by Bruce Andrew Schweigert Sr.'s attorney, Jeffrey McNiece.
On Jan. 3, McNiece filed his motion to remand in which he wrote "the state simply did not present any evidence of any crime allegedly committed by Mr. Schweigert to the grand jury - other than the fact that he was merely present."
On Wednesday, Owens responded in court that Schweigert was present in three important locations where crimes were committed: the Circle K store prior to the shooting, the shooting at the Hells Angels clubhouse, and in a vehicle nearby.
"Only two people were present at all three locations and one is Mr. Schweigert," Owens said. "That's more than mere suspicion."
McNiece also wrote in that motion that "Mr. Schweigert's due process rights were violated by presenting a case against the Hells Angels Motorcycle Club in general as opposed to Mr. Schweigert specifically."
"Mr. Schweigert was charged under the accomplice statute, and that law is very clear to the court," said Hancock.
Hancock also said she did not see that Schweigert had been denied any procedural right and denied his motion on that basis as well.
At a hearing on Feb. 22, Hancock will consider a motion filed by James O'Haver, attorney for Larry Dean Scott Jr., to drop charges in this case and Gaxiola's motion on behalf of his client, Koepke, to send the case back to the grand jury.
http://chinovalleyreview.com/main.asp?SectionID=1&SubSectionID=1&ArticleID=53257