LAKEPORT >> In the hour preceding the start of the Hells Angel”s trial, tensions were already hanging heavy in the second department of the courthouse early Thursday morning. A final ruling was given on a number of the defendants” motions in liminie and attorney Michael Clough was chastised by Judge Michael Lunas over his objection to Wednesday”s proceedings. The 14-person jury awaited the 9 a.m. opening of the courtroom doors.
During Wednesday”s testimony from the two Vagos Motorcycle Club members involved in the fight that prompted the case, Clough had raised strong objections with Grothe”s questioning of Michael Burns. His multiple attempts to argue Burns” lack of representation and confusion over how to decline to answer, causing him to potentially incriminate himself, drew Lunas” scorn.
“Yesterday during the proceedings you invited me to find you in contempt,” Lunas said Thursday morning. “A judge is not expected to tolerate that.”
Grothe followed the reprimanding and Clough”s silence by notifying the court he may call Burns to testify in front of the jury to repeat his answers. A stiff pause settled in the room before Lunas proceeded to give his ruling on the final motions in liminie.
The motions sought to exclude testimony from a gang expert, in this case, Jorge Gil Blanco who specializes in Hell”s Angels cases. The motions had called into question the methodological training of such experts who “have spent most of their professional life prosecuting criminals and ”gang” members rather than dispassionately researching the groups they are employed to prove are, in fact, ”gangs.””
Lunas denied the motions to exclude Gil Blanco”s testimony, though, finding his expertise and foundation to be sufficient to offer testimony.
Clough ensured Gil Blanco would be advised a motion to exclude testimony that purports to offer an opinion as to the defendants” specific intent or knowledge had been granted and Lunas agreed the recommendation was appropriate.
The trial begins
Three years in the making, the seating of the jurors Thursday morning was a long-awaited milestone for the Hell”s Angels case.
After recusing one of the jurors, the remaining 14 took their seats in two rows. Tentatively, they listened to the court”s instructions; Lunas explained the structure of the trial”s proceedings, explicitly detailed the jurors” limitations in being able to talk, read or research the case outside the court and explained a guilty verdict should only be issued if jurors were certain beyond a reasonable doubt.
With that, Grothe took the floor to give the first opening statements of the trial.
“You”re going to be sitting in here for many weeks listening to evidence, and when you come back, you”re not going to remember anything I said so I”ll keep it short,” Grothe began.
He explained the charges fell into two broad groups; the first concerned charges that arose from the assault, the second with enhancements for the defendants” participation in an alleged criminal street gang.
“I intend to show that when the individuals did what we allege they did, it was in benefit of and in furtherance of a criminal street gang, that is the Hell”s Angels,” he said.
Grothe continued to explain a history of war between the Hell”s Angels and Vagos and briefly summarized the events at Konocti Vista Casino.
Next, attorney Patrick Ciocca, representing John Johnson, warned the jurors of Gil Blanco”s upcoming testimony.
“It”s very important that you remember, what he offers are his opinions,” Ciocca said.
He also cautioned his audience the prosecution would be presenting items of evidence seized from the homes of defendants as well as from the Hell”s Angels clubhouse in Santa Rosa, including sweaters, T-shirts and pens barring the Hell”s Angels insignia.
“Nobody here is going to deny ? that each of these individuals are members of the Sonoma Chapter of the Hell”s Angels Motorcycle Club,” Ciocca said. “They”re not ashamed of it; just the opposite, it”s who they are. So what”s the evidence going to show you?”
He noted the video clips that will be shown at trial totaled only 3 minutes of footage from the 6 minutes that Burns was inside the casino, inferring another interaction could have taken place between Burns and Hell”s Angels members before the fight started.
“No one”s going to deny ? that as far as the video that we”ve been given, Mr. Bianchi throws the first punch,” he added.
Finally, attorney Jai Gohel, representing Timothy Bianchi, made use of a lengthy Powerpoint to give a history of “the other side” of the Hell”s Angels that”s generally been too boring for pop culture to headline.
Before jurors could make a conclusion on whether the defendants deserved the criminal gang enhancement charges, Gohel warned they would first have to make a determination that the Hell”s Angels were a criminal street gang in the first place.
“HAMC has been many things” Gohel summarized of the club that was started in 1948 with military roots. He listed commonplace activities of the Hell”s Angels that would show its organized, club-like characteristics, including its permanently hired lawyer to protect the club”s intellectual property, publications, clubhouses and events that are opened to the public for events and regularly held meetings complete with minutes.
“They don”t tag (graffiti) and mark turf or sit out on the street corner with a rag in their pocket,” he concluded.
Clough opted to give his opening statements for defendant Nicolas Carrillo after evidence had been presented to the jury and with a thank you to jurors, the first day of the Hell”s Angels trial came to a close.
With the Thanksgiving holiday around the corner, the trial will not resume until the second week of December. Dec. 10 and 12, evidence is scheduled to be presented, Dec. 17 and 18 Gil Blanco is up to give testimony and the 19th will see a miscellaneous motion.
Following the Christmas holiday, the trial is planned to resume once again on Jan. 7.
