LAKEPORT >> A half-day on the court schedule yielded some interesting developments on Friday.
Vagos Motorcycle Club member Michael Burns appeared at court. Vagos Motorcycle Club members or associates were also reportedly in attendance, according to District Attorney Deputy Art Grothe, and about six new faces appeared in the audience.
Burns was called to testify in the case stemming from a June 2011 fight between Hells Angels and Vagos members at Konocti Vista Casino. Although the fight lasted no more than a minute and caused no serious injuries, it has produced a lengthy legal encounter. On Friday, however, Burns had little to say on the matter, apparently refusing to testify.
After Grothe laid clear his reasoning for wanting to call Burns to the stand merely to show off to the jury Burns’ refusal, attorney Michael Clough warned he would be moving to file a mistrial on the grounds of prosecutorial misconduct and that Burns’ previous testimony outside the presence of the jury was “improperly held.”
Burns had denied legal counsel under his first examination and Clough argues he unknowingly committed perjury.
Clough has further argued Grothe’s intention is to have gang expert Jorge Gil Blanco testify that members of criminal street gangs won’t testify.
“This is clearly a charade,” Clough said.
Defense attorneys Patrick Ciocca and Jai Gohel joined Clough in his objections.
Judge Michael Lunas decided to strike Burns’ previous testimony and promptly hold a second 402 hearing.
After Burns was advised of his rights, Grothe began with three simple questions about his involvement in the fight with the Hells Angels member, to which he replied “I refuse to answer that question.”
“I think we’ve established a pattern here,” Grothe concluded.
Upon the defense counsel’s cross-examination of Burns, asking him whether he entered the Konocti Vista Casino with the intention of picking a fight with the Hells Angels members and about a past of felonious activities, Grothe objected to the continued questioning.
But without Burns invoking his Fifth Amendment rights, the defense argued it was permitted to carry through with its questioning and that Burns’ answers would also be admissible in future proceedings.
Grothe “can’t have it both ways,” attorney Jai Gohel said. “If he wants to use Burns’ silence, we get to ask him a bunch of questions and seek to use them as evidence of his complicity and knowledge of facts.”
Lunas decided to appoint counsel to Burns and ordered him to reappear Jan. 6 at 1:30 out of the presence of the jury. If Burns refuses to answer questions and fails to invoke his Fifth Amendment rights, he is expected to be held in contempt of court.
In front of the jury, Dr. Steve Schifflett, a Sutter Lakeside Hospital emergency room physician, gave testimony about his diagnosis of Burns the day after the fight.
Schifflett explained Burns had facial contusions, a laceration on his lip that had been sewn (supposedly by Burns’ wife) and abrasions on his face. He described Burns’ nose as swollen and oozing but did not chose to take an x-ray to determine if it was broken. He was unaware of Burns seeking additional medical treatment.
Following the holidays, the trial will recommence Jan. 7 with testimony from Gil Blanco.
