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Wednesday, March 10, 2010

Convictions overturned in 2004 fatal stabbing case

Off the Wire News
MCs in the News STOCKTON - An appeals court on Friday tossed out the convictions of two Jus Brother Motorcycle Club members found guilty in connection with the 2004 fatal stabbing of a 22-year-old man outside a Stockton bar.

Among errors, the judge allowed the prosecution to characterize Frankie Joe Prater and Robert Kenneth Memory as Jus Brothers with ties to the notorious Hells Angels Motorcycle Club, the state's 3rd District Court of Appeal ruled.

The pair were convicted in what amounted to "guilt by association," the 61-page decision says. The prosecutor called them members of a criminal gang, but never proved it, the ruling says.

The mistake led jurors to find Prater, 45, guilty of second-degree murder for stabbing Mark Donahue in front of Shakers. Prater is at San Quentin State Prison serving a sentence of 16 years to life.

Robert Kenneth Memory, 39, was sentenced to prison for more than nine years on two counts of attempted voluntary manslaughter and two counts of assault with a deadly weapon.

The "irrelevant, inflammatory evidence harmed the defendants' credibility," the appellate ruling says. It adds that "absent the error, it is reasonably probable they would have received a better result."

The two men will likely be sent back to the Stockton courthouse for a new trial.

San Joaquin County Superior Court Judge Linda Lofthus - who is now shepherding the high-profile death penalty trial of Tracy's Melissa Huckaby - oversaw the trial.

San Joaquin County Deputy District Attorney Kevin Mayo prosecuted Memory and Prater.

"While we're disappointed with this setback, we believe that Judge Lofthus' ruling and the convictions will ultimately be affirmed," Chief Deputy District Attorney Ron Freitas said. "Clearly the gang evidence was an integral part of the case in identifying his killers and a motive for his senseless slaying."

The case stems from a fight that broke out in the bar's parking lot the night of Nov. 5, 2004. A group of five young men - not including Donahue - were drinking at the bar and they were drunk, court papers say.

Memory and Prater arrived with Prater's wife, Teresa. The two men wore their Jus Brothers' vests bearing the club's patch. They had a beer or two and went to the parking lot, where the young men began to badger the bikers, court papers say.

A crowd of 15 to 20 people gathered around, where the confrontation escalated into a fight. Donahue arrived with his girlfriend and became embroiled, court papers say.

Two of the five young men survived stab injuries but Donahue died. His front teeth were broken and one hand was cut as if he grabbed the knife's blade, among defensive wounds. He bled from the pulmonary artery, court papers say.

"The fight happened quickly," court papers say. "It was only a few minutes from when Donahue arrived until he was lying in the street."

The two defendants argued in trial and in their appeal that they were defending themselves from an angry mob at the bar.

Sacramento attorney Charles Bonneau, who represented Prater on appeal, said that it is a strong self-defense case for his client. The next trial will look a lot different based on the appellate court's ruling, he said.

"When you have irrelevant evidence of group membership, it's very hard to have a fair trial," Bonneau said. "Instead, you have guilt by association."

Contact reporter Scott Smith at (209) 546-8296 or ssmith@recordnet.com This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

Original article...

http://www.recordnet.com/apps/pbcs.dll/article?AID=/20100306/A_NEWS/3060330