Originally published Monday, February 26, 2007 at 12:00 AM
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Hells Angels case going to trial
Jury selection begins today in a massive federal racketeering case being brought against current and former members of the Washington Nomads...
Seattle Times staff reporter
Jury selection begins today in a massive federal racketeering case being brought against current and former members of the Washington Nomads chapter of the Hells Angels.
Prosecutors allege that the Nomads' president and three others engaged in a long list of crimes, from murder, kidnapping and witness tampering to extortion, robbery and interstate trafficking of stolen Harley Davidson motorcycles, according to a 19-count indictment filed in the case.
The government intends to call 125 to 150 witnesses and take 10 weeks to present its case in U.S. District Court in Seattle, according to a pre-trial brief filed last week.
It is the latest in a string of racketeering cases that the Justice Department has brought against motorcycle gangs around the country in recent years, including a sweeping case filed against 26 members of the Bandidos Motorcycle Club in U.S. District Court in Seattle in June 2005.
George Wegers, the national president of the Bandidos Motorcycle Club, last May pleaded guilty to one count of conspiracy to commit racketeering. Wegers received a 20-month prison sentence in October, which included credit for time served.
Last week, two Hells Angels motorcycle-club members were sentenced to 12 to 30 months in Nevada state prison for their roles in a bloody brawl in 2002 with rival biker-gang members at Harrah's Laughlin hotel-casino in southern Nevada that left two Hells Angels and a rival Mongol gang member dead.
The core charge in the upcoming Seattle trial, which is scheduled to begin next Monday, is that the Washington Nomads is a highly organized, criminal enterprise whose members are punishable under the Racketeer Influenced and Corrupt Organizations (RICO) Act, which was created to prosecute organized-crime syndicates such as the Mafia.
The lead defendant in the case is Richard "Smilin' Rick" Fabel, who served as the president of the Washington Nomads and, for a time, as West Coast president of the Hells Angels.
Other defendants in the case are Joshua Binder and Rodney Rollness, who were both full-time members of the Washington Nomads until 2003, and Ricky Jenks, who is still a member.
Prosecutors allege a laundry list of crimes perpetrated by the four defendants between 1996 and 2006. "As an enterprise, the Washington Nomads Chapter engaged in acts of violence, including extortion, robbery, kidnapping, murder, threats of violence and witness tampering; interstate trafficking in stolen motor vehicles; and [vehicle identification number] switching," according to charging papers.
Murder allegation
The most serious allegation is that Rollness and Binder murdered Michael "Santa" Walsh during a party at the home of Paul Foster in Arlington on July 21, 2001.
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Foster has been charged as an accessory to murder. U.S. District Court Judge Robert Lasnik has ordered that Foster be tried separately, beginning in June.
The government said it intends to call confidential informants who have claimed Rollness told them he and Binder killed Walsh because Walsh was falsely presenting himself as a member of the Hells Angels.
They also killed Walsh, the government alleges, so Binder could get his "Filthy Few" patch, which is allegedly given only to Hells Angels members who have committed a murder on behalf of the club.
Prosecutors had contemplated seeking the death penalty against Rollness and Binder for Walsh's murder but decided against it in September, after consultation with Justice Department headquarters.
The charges include three allegations of witness tampering by Rollness. The most recent allegedly occurred between Feb. 14, 2006, and May 1, 2006 — while Rollness was in federal custody awaiting trial. While in prison, according to prosecutors, Rollness used "intimidation, threats and corrupt persuasion" to influence or prevent the testimony of an unnamed witness relating to Walsh's murder.
Undercover infiltrator
Several of the other charges relate to the theft and trafficking of motorcycles, particularly Harley Davidsons, which Hells Angels are required to ride, according to prosecutors.
Prosecutors plan to bring five motorcycles into the courtroom to show as evidence to the jury.
An unusual sidelight to the case could come Tuesday, when a hearing is scheduled to determine whether testimony by expert witness Jay Dobyns, an agent with the Bureau of Alcohol, Tobacco, Firearms and Explosives, will be allowed. Dobyns, who went undercover to infiltrate a Hells Angels chapter in Arizona, is expected to testify about the internal workings of the Hells Angels and the club's processes, such as how it accepts new members and awards patches.
However, Dobyns in May filed a formal grievance with ATF alleging that the agency failed to protect him and ignored death threats against himself and his family, according to the Arizona Republic newspaper. Dobyns also said ATF spread false allegations that he was psychologically unfit for duty and a danger to himself and others.
Attorneys for Fabel requested, and received from the court, a copy of Dobyns' personnel file to evaluate his fitness as a witness.
David Bowermaster: 206-464-2724 or dbowermaster@seattletimes.com
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