what is the world coming to. this judge is telling prosecutors and cops that they are not allowed to commit perjury and lie in a federal court. isnt that the standard way the police have opperated for years. whats wrong with this judge!!!! well you know im joking. the systems f*cked up and after all these years a judge actually has the balls to yell at government goons for committing perjury Original Article Judge threatens to dismiss Hell Angels' indictments Dennis Wagner The Arizona Republic Oct. 17, 2005 05:29 PM A U.S. District judge is expected to take federal prosecutors to task this week for making false and legally incorrect statements in a racketeering and murder case against the Hells Angels Motorcycle Club. Judge David Campbell called for Friday's hearing in a sharply worded order suggesting that indictments against members of the biker organization might be dismissed if the U.S. Attorney's Office fails to abide by due-process rules. Campbell described his order as "an extraordinary step of requiring the chief of the criminal division of the United States Attorney's Office . . . to appear in court and personally certify that the government has complied with its disclosure obligations . . . "Statements made to the court by counsel for the government have been inaccurate, inconsistent and sometimes legally incorrect," the judge wrote. "The court has concluded . . . that a higher level of attention is necessary if this case is to be brought to trial." Prosecutors apparently responded in a memorandum, but it was filed under seal. A spokeswoman in U.S. Attorney Paul Charlton's office declined to comment. In July 2003 federal agents and Valley police raided Hells Angels' homes, businesses and chapter houses, arresting 16 club members and associates under a federal grand jury indictment for murder, gunrunning, drug-dealing, racketeering and other crimes. The undercover probe known as Operation Black Biscuit netted three Hells Angel chapter presidents in the state. Agents seized 600 firearms, plus stolen vehicles, drugs, club records and paraphernalia. As part of the sting, undercover investigators from the Bureau of Alcohol, Tobacco, Firearms and Explosives infiltrated the club and were invited to become members. Similar cases are being tried against dozens of Hells Angels in Nevada, California and other states. Defense attorneys have complained about misconduct by undercover operatives in the Arizona case, and about the prosecution's failure to disclose evidence that must be shared under federal justice rules. Joe Abodeely, counsel for defendant Craig T. Kelly, filed a motion for dismissal this week based on prosecutors' conduct during 20 months and 10 hearings. "It is painfully clear that the government has not and does not intend to comply with its legal requirements in keeping with due process, fair play and with this court's orders," Abodeely wrote. In another court filing, Patricia Gitre, attorney for defendant Kevin Augustiniak, noted that the government employed three paid informers with backgrounds of violence and drug abuse. One of them failed to tell investigators that he participated in a murder that is integral to the case. A second informer concealed the fact that, while working undercover, he used methamphetamine and beat people up. A third operative was arrested and removed from the probe after state police caught him with methamphetamines. Gitre claims those "snitches" made the government's case, yet prosecutors have withheld volumes of information that raises doubt about their credibility. She argues that all three operatives have motive to lie for the government, which has given them money, plea deals and protection in return for cooperation. Keith Vercauteren, the prosecutor, contends in legal filings that the government has only withheld materials that are irrelevant, unavailable or not yet subject to release under court rules. In some cases, Vercauteren argues, the defense wants information that would jeopardize ongoing investigations or the safety of informers. Judge Campbell stopped short of finding that prosecutors have acted in "bad faith," but warned that the government must provide an "unequivocal confirmation" that defendants are getting all required information. Campbell included an exhaustive review of the two-year battle over pre-trial evidence, noting that prosecutors claimed in January 2004 that they had "given all of the discovery" to defense lawyers. Since then, the government has produced thousands of additional documents, wiretap tapes, video recordings and other evidence. The sixteen defendants are scheduled for trial in February. A key issue appears to be whether the Hells Angels is a criminal racketeering enterprise. HAMC members and attorneys claim there is no statewide hierarchy for the biker gang, just independent clubs whose members sometimes break the law. Federal investigators say the Hells Angels organization is a violent criminal gang that operates as a syndicate, dealing in guns, drugs and theft for profit. Reach the reporter at dennis.wagner@arizonarepublic.com or (602) 444-8874.