OFF THE WIRE
BY: Frank Green
Source: timesdispatch.com
Richmond, Va. --
Attorneys for Jack Rosga, national president of the Outlaws motorcycle club, were in court yesterday asking for details about the prior misconduct of two federal agents and the cost of the two-year investigation of the gang.
More than two dozen members of the Outlaws and an allied gang, the Pagans, were indicted this year in a scheme in which the Outlaws allegedly planned an expansion into central Virginia. Undercover agents of the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives infiltrated the group and set up a clubhouse in Petersburg.
Thus far, 15 Outlaws and Pagans have pleaded guilty. Last month, a jury acquitted two Outlaws, convicted a third and could not reach a verdict for Rosga. A second group of bikers go on trial starting tomorrow, including the retrial of Rosga, 53, of Milwaukee, Wis.
Rosga's lawyers argued before U.S. District Judge Henry E. Hudson yesterday that they were entitled to learn more about the agents' records and the cost of the multistate investigation including payments made to confidential informants.
Hudson said that although he believes the agents' conduct is not discoverable or admissible, he would privately review available material on the incidents to see if there is anything further the defense might be entitled to learn or use. He said he would rule as quickly as possible.
Hudson said he would not allow a detailed accounting of the investigation expenses into the trial where it would be a distraction for the jury. But he said the defense is free to argue -- as it did in the prior trial -- that the expense and extent of effort on the part of the government could lead to witness bias.
Two key investigators, BATF special agents Jeffrey Grabman and Daniel Ozbolt, are at the center of Rosga's motion. During the investigation, Ozbolt, while undercover, was arrested for driving under the influence in Colonial Heights, ticketed for reckless driving in Waverly and charged with speeding in Chesterfield County.
"This doesn't smell right, judge," said Claire Cardwell, one of Rosga's lawyers, about Ozbolt's DUI arrest. "He's out on a date, drinking and driving using his undercover identity."
The government conceded that when he was arrested on the DUI charge, he left his weapon in the vehicle and that, unknown to Ozbolt, the unidentified passenger in the car was prohibited from possessing a firearm.
Prosecutors said Ozbolt was disciplined for failing to notify case agents he was operating undercover in the area when arrested for drunken driving. The charges were not prosecuted because of his undercover work.
In 1991, Grabman made a false statement to a superior concerning a colleague's conduct during a traffic incident. The government said he quickly admitted wrongdoing and was given a letter of reprimand, which has since been purged.
Cardwell argued she be given a chance to review any information about the incident the government has in its possession. "Fessing up doesn't clean it up," she said.
In their motion filed last week, Rosga's lawyers wrote: "Defense review of the reports, materials, and information documenting each of these incidents is necessary to determine whether this information would assist impeachment of crucial government witnesses and could support defense questioning concerning witness bias."
Rosga will be retried on charges of conspiracy to violate racketeering law and conspiracy to commit violence in the aid of racketeering.
Also on trial this week are: Mark Jason Fiel, 37, conspiracy to violate racketeering laws and conspiracy to commit violence; Harry McCall, 53, conspiracy to violate racketeering laws, conspiracy to commit violence, violence in the aid of racketeering, and possession of firearm; Christopher Timbers, 37, conspiracy to violate racketeering laws, conspiracy to commit violence and possession of a firearm; and Dennis Haldermann, 45, violence in the aid of racketeering.
Contact Frank Green at (804) 649-6340 or fgreen@timesdispatch.com.
