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The remaining two defendants in the Pagans racketeering case titled U.S. v. Barbeito et al. took plea deals last week in Charleston, West Virginia. The men were Richard Timothy “Lucky” Weaver and Elmer Luke “Tramp” Moore.
Weaver pled guilty to one count of “conspiracy” charged in a superseding indictment in this case filed in February 2010. The government had alleged that the Pagans Motorcycle Club was criminal conspiracy and that Weaver’s part in that conspiracy was to sometimes provide armed security for former Pagan’s National Vice-President Floyd Moore. The act was illegal because Moore was a convicted felon.
Floyd Moore, who was also charged in the case, is now serving a five-year-long sentence for racketeering.
Why Deal Now
Weaver’s lawyer, Deirdre Purdy, urged Weaver to take the plea because “In the end it was clear the judge believed that being a member of the Pagans was equivalent to being a member of a conspiracy.” The trial judge was Thomas E. Johnston.
Both Weaver and Elmer Moore (who is Floyd Moore’s son) were jeopardized by additional racketeering charges. The charges had been dismissed but both Purdy and Elmer Moore’s lawyer, Carl James Roncaglione, Jr., feared that Judge Johnston would reinstate those dismissed counts.
As was previously reported Weaver was sentenced last Friday to three years of unsupervised probation and he is now a free man.
Elmer Moore’s Deal
On the same day Elmer Moore pled guilty to one count of being an “unlawful drug user in possession of a firearm.” One interesting clause in Moore’s plea deal is blatantly designed to frustrate journalists who might seek Moore’s cooperation in investigating this bogus and contrived Pagans prosecution.
The clause, entitled “Waiver of FOIA and Privacy Rights,” requires that “Moore knowingly and voluntarily waive all rights, whether asserted directly or by a representative, to request or receive from any department or agency of the United States any records pertaining to the investigation or prosecution of this case, including without any limitation any records that may be sought under the Freedom of Information Act (FOIA), 5 U.S.C. § 552, or the Privacy Act of 1974, 5 U.S.C. § 552a, following final disposition.” The clause hints at how much the prosecution has to hide in this case. It also suggests the extent to which both the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Department of Justice fear impartial public scrutiny.
All existing and previously dismissed charges against Elmer Moore will be permanently dismissed. The agreement also specifies that Moore will face no more than three years in prison. Depending on the recommendations of a final presentencing report, Elmer Moore will probably receive a sentence similar to Weaver’s.
Elmer Moore’s sentencing is scheduled for 10 a.m. on July 11 in Charleston.
The Obama Justice Department wants new Freedom of Information Act rules that would allow the government to claim that public that records don't exist (even if they do). The Young Turks host Cenk Uygur explains.http://www.wired.com/threatlevel/2011/10/feds-embrace-foia-lying/
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