TEXAS - Magistrate Trashes Constitution

OFF THE WIRE
agingrebel.com

Henry J. Bemporad, a federal magistrate in San Antonio and currently the tail wagging the dog in the federal racketeering case against former Bandidos president Jeff Pike, finally got around to unsealing his most recent decree this morning five days after he wrote and filed it.

Virtually all of the case is sealed because prosecutors fear the people will riot if they find out what “federal justice” now means. America is now deep into a season of riots.

Bemporad, at the urging of an Assistant United States Attorney Eric Joseph Fuchs, fired Pike’s lawyer of choice, a devilishly clever fellow named Attorney Kent A. Schaffer, last Thursday. Schaffer’s associates James Max Kennedy and Cynthia Hujar Orr were also banned from defending Pike. Of course, no one was supposed to know immediately. An apparent clerical error made the terminations public knowledge last Friday.

Justice Games

If Bemporad’s decision hold’s up, it will give federal prosecutors everywhere an argument for being able to pick their opponents in court. Schaffer has a reputation as a very smart pit bull. Fuchs has hardly had time to develop any reputation since passing the bar.

Fuchs argument for disqualifying his opponents is that two of Schaffer’s unnamed former clients have been enlisted to testify against Pike. They were allegedly Bandidos. They were allegedly represented by Schaffer for something – what is a secret – and they have already confessed to Fuchs what Schaffer said to them.  To the lay mind, that would seem to indicate that they breached their half of the confidentiality agreement that existed between themselves and their lawyer first. According to Fuchs however, that confidentiality can only be breached by Schaffer if he, or anyone he knows, attempts to cross examine the two snitches.

Fuchs alleges that Schaffer was club council for the Bandidos and that unproved allegation disqualifies Schaffer and other club lawyers from representing any defendant in a motorcycle club RICO case that involves snitches who the club lawyer might have previously advised.  Practically, the decision unsealed today strips Pike of his constitutional right to the lawyer of his choice. The Supreme Court has frequently reiterated that right. A decade ago, the late Justice Antonin Scalia succinctly wrote: “The Sixth Amendment provides that ‘in all criminal prosecutions, the accused shall enjoy the right … to have the Assistance of Counsel for his defence.’ We have previously held that an element of this right is the right of a defendant who does not require appointed counsel to choose who will represent him.”

Boiler Plate

In a case that is mostly comprised of prosecutorial games, Fuchs just convinced a magistrate to give him veto power over his legal opponent. Bemporad, a former federal defender, has also just fined Pike 13 months of legal fees without due process. And not least, Bemporad just further delayed the resolution of a case that should probably have never been brought.

The magistrate explained his decision mostly with cut and paste boiler plate like this:

“Mr. Shaffer and Mr. Kennedy must be disqualified from representing Defendant Pike in this case. ‘The Sixth Amendment guarantees the defendant the right to be represented by an otherwise qualified attorney whom that defendant can afford to hire, or who is willing to represent the defendant even though he is without funds. But the Sixth Amendment also guarantees representation that is free from conflicts of interest.’ United States v.Sanchez Guerrero, While ‘there is a presumption in favor of a defendant’s counsel of choice … that presumption may be overcome by an actual conflict of interest, or by a showing of a serious potential for conflict. This is true even when a defendant expresses a desire to waive the potential conflict.’”

“An ‘actual conflict…is a conflict of interest that adversely affects counsel’s performance.’ United States v. Preston ‘[A]n attorney’s performance is adversely affected by a conflict of interest where counsel could (pursue) a plausible alternative defense strategy or tactic but (chooses) not to do so because of the conflict.’ United States v. Apodaca.”

In other words, Bemporad argues that he is saving Pike from having the best criminal lawyer in Houston defend him.

No wonder the magistrate hid his decision for five days before letting the public, and the legal community, see it.

AUSTIN, Texas — Motorcyclists ask lawmakers to put the brakes on profiling

OFF THE WIRE

AUSTIN, Texas — Hundreds of bikers from across the state and country will gather on the south steps of the State Capitol Monday to ask lawmakers to end motorcycle profiling. More than 400 met at a bar in Round Rock Sunday to gear up for the trip to Austin.
The group of bikers from many different associations and organizations says motorcyclists just want the freedom to ride the open road, without being singled out as criminals, but some say it seems like those days are over.
“If you wear a patch, you better have some bail money,” says Will Dulaney, President of Hell on Wheels Motorcycle Club.
Dulaney is also with the National Council of Clubs, which formed to protect bikers' political and legal interests after the 2015 shootout that left nine dead at a Twin Peaks in Waco.
“This is not about one club. This is not about what happened in Waco two years ago. This is about what's happening all over the country and here in Texas. Profiling is really getting to epidemic levels,” Dulaney says.
And with so many motorcyclists who are combat veterans, he says it’s ironic that that the people who fought for freedom feel that their right to freedom is being violated.
“We are absolutely the people who are having these civil liberties trampled upon -- our right to associate, our right to congregate, our right to ride our motorcycles free and unfettered,” Dulaney says.
He wants lawmakers to look at law enforcement training.
“You're not just born with an attitude toward bikers, like this. It has to be some indoctrination process,” Dulaney said.
He also wants legislators to look at hard data and whether or not the people who say they’re getting dangerous bikers off the streets really are.
“Look and see, what are the actual convictions?” said Dulaney.
“Honestly, the biggest thing is to correct the language in profiling and anti-profiling,” says Ron “Bone” Blackett with the Texas Confederation of Clubs & Independents.
Blackett lost friends at Twin Peaks.
“They can't stand here with us and celebrate the healthy side of all of this, and that hurts,” said Blackett.
And he says a little understanding can go a long way.
“We’ve got to look at it and say, ‘Ok what can we do to change it so it doesn't happen again. I think the biggest thing is education and getting boots on the ground when we go to the Capitol,” Blackett said.
He and hundreds of other motorcyclists expect to arrive at the Capitol at 1 p.m. Monday. They’re also working on a few safety issues with Senator Kirk Watson, including lane filtering and what to do when a red light sensor doesn't detect a motorcycle.

http://keyetv.com/news/local/motorcyclists-ask-lawmakers-to-put-the-brakes-on... (link is external)

News Article written by: 

Sophia Stamas

BABE OF THE DAY

Erik Buell - EBR TKO

OFF THE WIRE
agingrebel.com

The most recent incarnation of Erik Buell’s motorcycle company has been knocked down again. If this was boxing the referee would stop it.

But this is sport bikes, not a fight. All that is at stake is money, not blood and brain cells. And somebody out there who loves the idea of an American sport bike and who has a few million dollars burning a hole in his pocket might think Buell still has at least a puncher’s chance.

Erik Buell Racing, of East Troy, announced last Thursday that it was shutting down but it still hasn’t thrown in the towel.

Headwinds

“This difficult decision was based primarily on EBR facing significant headwinds with signing new dealers, which is key to sales and growth for a new company,” a press release said. “In addition, EBR has had limited production in 2016 and 2017 that was under goal. The combination of slow sales and industry announcements of other major OEM brands closing or cutting production only magnified the challenges faced by EBR.”

“EBR will continue to review strategic alternatives with interested investors regarding production operations.”

If the company is to be rescued, it better happen soon. “A sale of production equipment and excess parts will start in March,” the release said. In the meantime, EBR promises, the company will continue to honor warranties and provide support to its 17 dealers and their customers.

Long Prologue

Erik Buell has been the preeminent American sport bike designer for the last 35 years. He started his career at Harley-Davidson and founded Buell Motorcycle Company in 1983. A decade later, Harley bought just less than half of Buell. In 2003 Buell became a Harley subsidiary. The company dumped the sport bike line in October 2009. Buell built about 137,000 motorcycles – a little less than 5,300 bikes a year – during the 26 years of its existence.

Erik Buell started EBR a month after Harley discontinued the motorcycle that wore his name. EBR became the anti-Harley: Its motorcycles were technologically advanced rather than nostalgic. The machine was the show, not the image. But the new Buell’s were too expensive to get much of a foothold in the sport bike market.

Buell closed his factory in April 2015. A year ago a company called Liquid Asset Partners bought the manufacturing assets and restarted production with the idea of building motorcycles while the new owners tried to sell the company.

In September 2016, EBR announced “Our dealers have had nice success selling bikes this summer and we have many new ones coming on. Our quality is continuously improving, our supplier relationships established, and now we are looking towards the future. This fall, we have something ‘Quick, Dark, and Low’ in the works that should be exciting for urban street riders, and we are making real progress on expanding the range of models of the 1190 platform, as well as developing and delivering accessories that our EBR riders want. There is a bright future for EBR, and as part of that, work is proceeding on a sub-$10k platform for 2018.”

The company’s current model, the 190RX USA cost $14,000 in white and yellow or $15,000 in black red or silver.

Erik Buell Racing has already survived for about seven years longer than it should have. The dream of an American supersport bike that could compete with Suzuki, Kawasaki and Ducati probably just evaporated. But the dream won’t officially end until sometime in March.

Grim Anniversary

OFF THE WIRE
agingrebel.com

A year ago today, a prison guard and member of the Iron Order Motorcycle Club named Derrick Joseph “Kong” Duran, provoked a fight with members of the Mongols Motorcycle Club working at a booth at the Colorado Motorcycle Expo in Denver, Colorado.

When he realized he couldn’t physically defeat a Mongol named Jared “Hercules” Chadwick, Duran pulled a gun and shot the Mongol in the abdomen. Duran then escaped up a set of stairs. At the top of the stairs, he paused to murder another Mongol named Victor “Nubs” Mendoza.

The Iron Order, which counts numerous peace officers as members, encourages those members to aggressively seek confrontations with members of other motorcycle clubs, to use deadly force to win the fights its members start and coaches members to present themselves as victims to police.

The Iron Order’s organizational style is at odds with that of the clubs they confront. Most motorcycle clubs discourage members from cooperating with police and from testifying in court except for the defense. The Iron Order cynically exploits its defacto status as a police death squad. In the words of current Iron Order vice-president, Army Lieutenant Colonel Mike “Cgar” Crouse,  “I know our club has the advantage. One percenters won’t call the cops. So what the fuck, destroy any fucker that confronts you. It’s a free ticket….”

The tragedy last year in Denver played out exactly the way Crouse told his club brothers it would. Iron Order members portrayed themselves as victims of the Mongols. Mongols, including Chadwick, declined to cooperate with police. Duran was never charged with any crime. Shortly after he was cleared, he sold his home in Longmont, Colorado and disappeared. His disappearance was so professionally accomplished that one informed source volunteered that Duran – although he was never charged with a crime or appeared at trial – seemed to have been enrolled in the United States Marshals Witness Security Program.

Duran was last seen in suburban Minneapolis.