OFF THE WIRE
Lawyers allege government misconduct
BY TRESA BALDAS
FREE PRESS STAFF WRITER
A small army of defense lawyers is trying to unravel a major victory for the U.S. Attorney's Office: the Highwaymen Motorcycle Club convictions.
Six lawyers representing the six club leaders who were convicted in June on racketeering charges are seeking new trials for their clients, claiming the government played fast and loose with the case, engaged in misconduct and committed a series of errors that warrant new trials.
Federal prosecutors have denied wrongdoing, saying the convictions were won fair and square.
But defense lawyers argued in court Tuesday that prosecutors withheld evidence that was favorable to the defense, manufactured a bogus conspiracy theory, and paid one witness $25,000 for his testimony with the expectation that he would get additional bonuses if he helped secure a conviction.
"We don't think that the government should be paying witnesses bonuses," said attorney Jim Thomas, who is seeking a new trial for his client, Aref (Steve) Nagi, 46.
Nagi and five other defendants face up to life in prison after a federal jury in Detroit convicted them on a variety of charges, including conspiracy to violate federal racketeering laws and conspiracy to commit murder, along with controlled substance, stolen property, and firearm violations.
The other defendants are Leonard (Dad) Moore, 61; Joseph (Little Joe) Whiting, 56; Anthony (Mad Anthony) Clark, 52; Michael (Cocoa) Cicchetti, 55, and Gary (Junior) Ball Jr., 44.
Prosecutors, meanwhile, have acknowledged paying a bonus to one informant, Doug Burnett. But in court documents they stated that there is "absolutely no testimony or evidence that any benefit to a witness would be derived from a conviction."
Burnett, an informant, was paid for work he did on another case involving the leader of the Latin Counts street gang, court records show.
"Burnett was supporting two daughters, didn't have a lot of money, and was going out to bars every night with HMC members. The FBI gave him money to cover all of those expenses. Burnett never asked the FBI for money, and did not know he would receive a reward for the (Latin Counts) case," the government argued in court documents.
"Further, he does not know if he'll receive any money for the Highwaymen case, but hopes he does. ... The FBI did tell him the FBI would try and get him some money when the case was over, so that he could go forward with his life."
Read more: New trials sought in motorcycle club case | freep.com | Detroit Free Press http://www.freep.com/article/20100908/NEWS01/9080339/New-trials-sought-in-motorcycle-club-case#ixzz0yzMjOPwW
Read more: New trials sought in motorcycle club case | freep.com | Detroit Free Press http://www.freep.com/article/20100908/NEWS01/9080339/New-trials-sought-in-motorcycle-club-case#ixzz0yzMbtwPO
Read more: New trials sought in motorcycle club case | freep.com | Detroit Free Press http://www.freep.com/article/20100908/NEWS01/9080339/New-trials-sought-in-motorcycle-club-case#ixzz0yzMLUY10
