LAKEPORT >> Sheriff Frank Rivero made his appearance under subpoena to testify about his involvement in the Hells Angels case Thursday, but he did not take the stand. At the defense’s request his testimony was delayed until after another witness could be heard.
Defense attorney Michael Clough argued if Rivero’s testimony preceded Lake County Sheriff’s Office Sgt. Gary Frace’s, it “would destroy the coherence of information.”
Frace was the first officer on scene after the fight between Hells Angels and Vagos motorcycle club members occurred at Konocti Vista Casino on June 4, 2011. The scuffle apparently lasted no more than a minute, but has cast a long shadow. After filing a report stating the case was closed, Rivero allegedly ordered Frace off the case and placed him under an internal affairs investigation.
The delay was triggered by Judge Michael Lunas’ ruling Thursday morning, which will allow Frace to give information about one of the Vagos members allegedly being seen pushing one of the Hells Angels members on the day of the fight. However, Lunas stipulated any information or questioning about that interaction would need to come out at the same time, which motivated the defense to reorder their witness lineup.
Following his last day as Lake County sheriff on Jan. 4, Rivero said he wished to take a brief retirement vacation, but would be willing to work around the court’s schedule.
After today, the trial will be put on hold until Jan. 7 for the holiday break and Rivero agreed to be present Jan. 14 at 9 a.m.
Today the court will hear testimony from the doctor who examined Vagos member Michael Burns following the fight and jurors are expected to be released early.
The remainder of Thursday’s proceedings was filled with the defense council’s cross-examination of Sgt. John Gregor, who led the investigation into the case. The defense focused on the process Gregor went through in his investigation, his involvement in executing search warrants on the defendants’ homes and reestablishing his uncertainty as to whether Burns had entered the casino more than once on the day of the fight.
Out of the jury’s presence, two issues raised by the defense prompted some squabbling between the two sides.
The defense objected to Burns giving witness to the jury as his previous testimony to the parties before the trial began was botched, according to the defense council.
At that examination session on Nov. 19, Burns had denied having any legal counsel but under Grothe’s questioning, Clough argued Burns committed perjury by failing to understand how to invoke his Fifth Amendment right.
Thursday, Clough challenged Grothe to offer his reasoning for calling Burns to the stand. Grothe explained he planned on affirming for the jury that Burns identifies himself as a member of the Vagos Motorcycle Club.
“I’ll ask something general about the events that happened and I expect he’ll refuse to talk about it in that fashion,” Grothe said referring to the events of the fight. “The jury will wonder why I have him or why I don’t have him testify.”
“How prejudicial is it to have him on stand just to say he won’t testify,” defense attorney Patrick Ciocca said.
“He does not want Burns to testify,” Clough added. “He wants (gang expert Jorge) Gil Blanco to testify Vagos members won’t testify.”
Lunas said he would consider the matter and make a ruling in the morning.
The second issue Clough took up was with a list of Sonoma Chapter Hells Angels members’ prior convictions Grothe intends to introduce as evidence. He argued Grothe missed the boat to introduce the evidence since Judge David Herrick had specifically asked for such information to be submitted in an order during discovery in early 2013.
“It’s highly irregular to present that at this point in the proceedings,” Clough said.
He also argued some of the convictions listed were given before those suspects were members of the Hells Angels.
Grothe argued he had advised the defense of his intention to introduce such information through email on Nov. 21 and Dec 16.
Lunas also deferred his decision until the morning so he could review Herrick’s order.
