OFF THE WIRE
Attorneys for 8 men on trail for charges stemming from a fight between members of two motorcycle clubs are battling longstanding negative perceptions of the Hells Angels as they try to seat a jury for the case.
Defense attorneys have questioned prospective jurors vigorously about their answers to “question 14″ on a questionnaire used by the lawyers as a vetting tool. The item is a disclosure of any existing perceptions the juror might have about the Hell’s Angels. A large number of the jurors have said they harbor negative perceptions because of media or literary portrayals of the biker club. Few have had first-hand experience with Hell’s Angel members.
Not all of the defendants are Hells Angels, defense attorneys told KXNT. There are also former members in the group, and one is a builder of custom motorcycles who has built bikes for the members for several decades, said Attorney Chris Rasmussen, who represents one of the men.
Question 14 matters because a sentencing enhancement will apply if prosecutors can prove the men acted as part of a criminal gang. The criminal gang enhancement carries an extra 1-20 year sentence.
Defense attorneys asked the judge on Wednesday to dismiss jurors who said outright that they aren’t sure they can be fair during the trial because they harbor negative perceptions of the biker club. One challenged juror is a former police officer who said having him on the jury would be a “gamble” for the defendants. Another said he’d read a book about the Hells Angels and was convinced that they are evil. A larger number of jurors simply disclosed that they’re familiar with the club only through media coverage or movies that have left them with a negative impression.
Prosecutors from the Clark County District Attorney’s office, who are working on behalf of the state, will try to persuade jurors that the Hells Angels organization is a criminal enterprise, according to defense attorneys. Seating jury that’s predisposed to believe the Hells Angels organization is a criminal gang will tip the results and lengthen the sentences.
Jurors have little information about the case as they go through the vetting process. They’re encouraged to be honest about the prejudices they’re harboring, with emphasis primarily on the need for fairness. The pool was offered a glimpse of what lies ahead when an attorney said the jury may be called upon to decide whether the Hells Angels is a criminal organization, and suggested that it would be unfair to make that decision based on lingering impressions from things they have heard and read.
Attorneys described the Hell’s Angels organization to KXNT as a club with a formal structure and organization, not a gang.
The defendants are on trial because of a 2008 fight with members of the Mongols, another motorcycle club, at a wedding chapel in Las Vegas, Rasmussen told KXNT. They were attending a wedding, and feared trouble when Mongol members arrived at the chapel for a separate event. Attorneys will argue the ensuing fight was an act of self-defense. The fight sent several Mongol members to the hospital, Rasmussen said.
http://lasvegas.cbslocal.com/2012/07/19/clubs-reputation-plagues-jury-selection-process-in-hells-angels-trial/