OFF THE WIRE
agingrebel.com
Unlike many big motorcycle club cases, the racketeering case against the Rock
Hell Nomads in South Carolina is definitely going to trial.
Twenty people have been indicted in that case, titled U.S. v. Bifield et
al. They are, Daniel Eugene Bifield, Mark William Baker, David Channing
Oiler, Bruce James Long, Richard Thrower, Robert David Pryor, Frederick Keach,
Jr., Frank Enriquez, Jr., Donald Boersma, Lisa Ellen Bifield, Johanna Looper,
Kerry Chitwood, Carlos Hernandez, Ronald Dean Byrum, Jr., James Rhodus, Bruce
Ranson Wilson, Thomas McManus Plyler, Jamie Hobbs Long, Somying Anderson and
Trent Allen Brown. Eighteen or 19 of them will probably be tried as a group.
Five of the defendants have asked the court to sever their cases from the
coming spectacle. David Allen Pryor, Bruce Ranson Wilson, Somying Anderson and
Kerry Chitwood have had those motions denied. James Rhodus, who entered his
motion to sever this week, may still win his own trial. A sixth defendant,
Frederick Keach, seems to have disappeared from the case and is rumored to be
cooperating with prosecutors.
Although the freedom of the dozen and a half defendants, four of whom are
women, is in jeopardy in this case what will really be tried in Columbia
beginning February 11, 2013 is the issue of which freedoms Americans should be
allowed. The Bifield case isn’t about what the sophistical phrase “criminal
enterprise.” Jurors in the case will really be asked to decide whether the late
18th Century Romantic notion of freedom is still viable in the new
millennium.
The lawyers in Columbia already know this and the proof of what they know is
in the voir dire questions they wrote last month. These are the
questions the prosecutors and defenders will use to decide whether to accept or
reject potential jurors. Taken as a whole the questions mirror what the lawyers
imagine citizens in South Carolina can be led to think. The following were
proposed by attorneys on both sides and are arranged by topic.
Guns
Do you have any particular views about firearms or people who own firearms?
Do you have any particular views about the ownership, possession, or use of
firearms? Do you have any particular views about the Second Amendment right to
bear arms, or have you ever taken a position about the Second Amendment right to
bear arms? Have you every contributed money to, or participated in, an
organization or person(s) who advocated for gun control laws or policies, or
have you ever held or expressed any opinion about gun control? Do you own any
firearms, and if so, how many and what kinds? If you owned firearms at one time,
but do not own any now, please explain what it is that has caused you not to own
any firearms now? Have you ever bought, sold traded, or gifted, a firearm to or
from an individual who was not a licensed dealer? Do you or a family member own
an assault rifle, silencer, or machine gun? Have you sold a firearm to another
individual?
Motorcycles
Have you ever had a motorcycle driver’s license? If yes, do you currently
have a valid motorcycle driver’s license or has it expired? Have you or an
immediate family member owned a motorcycle in the last twenty years? If so, when
and what type of motorcycle? Have you or a close family member owned a
motorcycle or obtained a motorcycle driver’s license?
Motorcycle Clubs
Have you or any member of your family ever had a negative experience with any
member of an organization that rides motorcycles? If so, please describe this
experience in the space below. Would that experience make it difficult for you
to impartially sit as a juror in a case where some of the defendants are in a
club for motorcycle enthusiasts? The U.S. Constitution states that every
defendant charged with a criminal offense is presumed to be innocent; the
government has the burden of proving the defendant’s guilt and must do so beyond
a reasonable doubt. Could you, acting as a juror, apply these principles to
facts presented to you so that the government and defendants are given a fair
and impartial hearing even though some of the defendants may be members of, or
associated with, motorcycle clubs such as the Hells Angels or Red Devils? Have
you formed a negative opinion of motorcycle clubs such as the Hells Angels or
Red Devils to the extent that you could not sit as a fair and impartial juror in
a case involving these organizations? Have you or someone you know belonged to,
or associated with, a motorcycle clubs, including Hells Angels, Red Devils,
Southern Gentlemen, Death Dealers, God’s Few, Outlaws, or Pagans?
Snitching
The Government has used informants and may call informants to testify. An
informant may be afforded some benefit in exchange for cooperation. Do any of
you have any strong feelings, one way or the other, in connection with the
Government’s use of informants in investigating or prosecuting criminal
activity? The Government may call cooperating witnesses who have been involved
in the criminal activity that is the subject of this trial. These accomplices
may be afforded some benefit for their cooperation. Do any of you have any
strong feelings, one way or the other, in connection with the Government’s use
of such an accomplice as a testifying witness?
Domestic Spying
The Government may utilize telephone calls intercepted by wiretap and
recorded meetings. Do any of you have any strong feelings, one way or the other,
in connection with the Government’s use of such wiretaps or recordings?
Tattoos
Do you have any tattoos? If so, please describe the tattoo(s).
Television
Do you watch a television show called the Sons of Anarchy? If so,
who is your favorite character? If so, do you realize that this show is a work
of fiction? Have you read any stories, or ever seen reports on television or the
internet, concerning allegations of wrongdoing by motorcycle clubs such as the
Hells Angels or Red Devils in the United States? If yes, would the exposure to
this information affect your ability to be fair and impartial to the subjects of
those stories? Have you watched episodes of the television show Sons of
Anarchy?
Drugs
Do you support or subscribe to the mission of legalizing marijuana or cocaine
or methamphetamine or other controlled substances advocated by groups such as
National Organization for the Reform of Marijuana Laws (NORML)?
