Full opinion text
MEMORANDUM ORDER FUSTE, District Judge, Sitting by Designation. This case is a multi-count criminal prosecution against sixteen remaining defendants, for a continuing criminal enterprise and drug'conspiracy. Several firearms violations are also charged. The indictment mentions that defendants, some of which allegedly belong to the Hell’s Angels Motorcycle Club, influenced other motorcycle groups and together distributed large quantities of methamphetamine, marijuana, tetrahydrocannabinol (THC), • and mescaline, Schedule I or II controlled substances, in New Hampshire and other places. The government claims that the drug business generated substantial profits laundered through legitimate businesses and that drugs were supplied as a reward to loyal conspirators and denied to those failing to perform as expected. The indictment mentions the use of threats, intimidation, beatings, and other forms of violence in defense of and to protect the drug business, the thwarting of investigative efforts by law enforcement, the threatening of witnesses and jurors, and the possession of weapons to accomplish the above. On June 17, 1992, we granted the government’s motion requesting an anonymous jury. See Order dated June 17, 1992, Docket Document No. 560, and Order, United States v. John Courtois, CR-91-63-04-S, dated July 13, 1992, Docket Document No. 675. In these orders, we left both the bases for our ruling and the specifics of its implementation for a future occasion. The ruling was announced in early June 1992 so that the parties would know as soon as possible of the court’s intention to proceed with . an anonymous jury. Defendant Charles Pasciuti filed a motion for reconsideration of the court’s order on July 30, 1992. See Docket Document No. 740. We deny defendant’s motion for reconsideration and now expand on the reasons behind our order granting the government’s’ motion for an anonymous jury. Although the First Circuit has not had occasion to rule on the standards a trial court should apply in determining whether to empanel an anonymous jury, the Second and Third Circuits have reviewed numerous district court decisions with respect to this issue. See United States v. Paccione, 949 F.2d 1183, 1191-93 (2d Cir.1991) (and cases cited therein); United States v. Scarfo, 850 F.2d 1015, 1021-26 (3d Cir.), cert. denied, 488 U.S. 910, 109 S.Ct. 263, 102 L.Ed.2d 251 (1988). In Paccione, the court opined: In general, the court should not order the empaneling of an anonymous jury without (a) concluding that there is strong reason to believe the jury needs protection, and (b) taking reasonable precautions to minimize any prejudicial effects on the defendant and to ensure that his fundamental rights are protected. 949 F.2d at 1192 (citations omitted). See also United States v. Edmond, 730 F.Supp. 1144, 1145 (D.D.C.1990) (a balance must be maintained between “the interests of the criminal justice system — protecting the jurors and their families from violence, actual or threatened, and shielding the jurors from the potential taint of extensive trial-related publicity — and____ the defendants’ interests — conducting a meaningful voir dire to permit the intelligent exercise of their peremptory challenges and retaining their presumption of innocence”). The court in Paccione went on to review Second Circuit case law and summarized the various combinations of factors found to provide a sufficient basis for the empanelment of an anonymous jury. Sufficient reason for empaneling an anonymous jury has been found to exist where, for example, the defendants “were alleged to be very dangerous individuals engaged in large-scale organized crime who had participated in several ‘mob-style’ killings,” and there was “strong evidence of defendants’ past attempts to interfere with the judicial process, and defendants were alleged to be part of a group that possessed the means to harm jurors,” United States v. Thomas, 757 F.2d 1359, 1364-65 (2d Cir.), cert. denied, 474 U.S. 819 [106 S.Ct. 66, 88 L.Ed.2d 54] (1985); or where the defendants have been charged with grand jury tampering and the trial is expected to attract publicity, United States v. Vario, 943 F.2d 236, 240 (2d Cir.1991), cert. denied, [— U.S. —] 112 S.Ct. 882 [116 L.Ed.2d 786] (1992); United States v. Persico, 832 F.2d 705, 717 (2d Cir.1987) (warranted by history of violence and willingness to corrupt and obstruct justice, together with expectation of extensive publicity), cert. denied, 486 U.S. 1022 [108 S.Ct. 1995, 100 L.Ed.2d 227] (1988); or where the defendant has a history of attempted jury tampering and a serious criminal record, United States v. Tutino, 883 F.2d 1125, 1132-33 (2d Cir.1989), cert. denied, 493 U.S. 1081 [110 S.Ct. 1139, 107 L.Ed.2d 1044] (1990); or where there had been extensive pretrial publicity and there were abundant allegations of dangerous and unscrupulous conduct, United States v. Barnes, 604 F.2d 121, 141 (2d Cir.1979), cert. de nied, 446. U.S. 907 [100 S.Ct. 1833, 64 L.Ed.2d 260] (1980). Paccione, 949 F.2d at 1192. See also Scarfo, 850 F.2d at 1021-26 (defendant’s link to organized crime coupled with threats to government witnesses and past actions, including murders and attempted bribery of judges and prospective witnesses, provide a sufficient basis to émpanel anonymous jury). The government proffers various reasons for the necessity of empaneling an anonymous jury. (Docket Document No. 424). First, the government argues that all of the defendants are present, former or prospective members of or closely associated with the Hell’s Angels Motorcycle Club (“HAMC”), an organization with a reputation for violence and organized criminal activity. Also, according to the prosecution, HAMC members have a long history of intimidating witnesses, intimidating jurors, and interfering with the judicial process and have, in fact, attempted to intimidate and threaten with violence government witnesses in the present case. Also, the government argues that, as this case has generated a significant amount of pretrial publicity, it is likely that there will be substantial media coverage during the trial, heightening the possibility that juror identities will be publicized, potentially exposing them to interference and harassment by criminal elements or by the public. Finally, the prosecution. suggests that defendants’ right to a fair trial will also be protected through the use of an anonymous jury in that those individuals or groups in conflict with HAMC may seek to encourage a guilty verdict through juror harassment or intimidation. The government also filed an affidavit and' exhibits in support of its motion for an anonymous jury. Assistant United States Attorney (“AUSA”) Clyde R.W. Garrigan’s affidavit describes reports of attempted interference with the judicial process in the present case. In addition, appended to AUSA Garrigan’s affidavit were motions and affidavits of various prior- criminal prosecutions involving HAMC members, which detail various attempts to interfere with the judicial process. The details can be verified by reading AUSA Garrigan’s Affidavit, forming part of Docket Document No. 424. While defendant Pasciuti filed no timely opposition to the government’s original motion for anonymous jury, he did file the present motion for reconsideration of the court’s order granting the motion. Counsel for Pasciuti also filed a Declaration in Support of Defendant’s Motion, in which he challenges some of the factual allegations of the government’s affidavits and exhibits. See “Declaration of Attorney Alan P. Ca-plan in Support of Defendant Charles Pasciuti’s Motion to Reconsider the Granting of Prosecution’s Motion for an Anonymous Jury,” forming part of Docket Document No. 740. This document also merits a careful inspection. Defendant argues that, given the weak evidentiary basis of the government’s case, the prosecution is seeking to create a “false atmosphere of fear and suspicion” with the result that the jurors will ignore the evidence and find defendants guilty based on. inappropriate factors. Defendant also argues that the government has failed to meet its burden in coming forth with specific reasons why an anonymous jury should be empaneled. Having again reviewed the parties’ submissions, we reaffirm our holding that, given the circumstances of this case, the empaneling of an anonymous jury is in order. First of all, the government’s motion and affidavit detail attempts at interference or coercion of government witnesses in the present case. In addition, the facts support the government’s contention that members of HAMC are prone to the use of intimidation and threats to obstruct the functioning of the judicial process. Second, the government has also come forward with affidavits and filings from previous cases in which claims were made that HAMC members attempted to influence government witnesses, jurors, and other facets of the legal process. The supporting material confirms the known fact that the HAMC has historically demonstrated its willingness to corrupt and obstruct justice and that those associated with the organization are capable of doing so in the present case. Third, we feel it would be an irresponsible act on our part not to take these measures. According to our independent assessment as the Article III judge assigned to this case, the potential for jury intimidation, violence, retaliation, or tampering is indeed present. During these times of major drug trafficking and other similar criminal conduct, federal judges are exposed to a variety of criminal cases where dangerousness, jury tampering, threats against witnesses, and even violence have occurred. See United States v. Panzardi-Alvarez, 678 F.Supp. 353 (D.P.R.1988), aff'd 879 F.2d 975 (1st Cir.1989). We have been exposed to these problems and to the solutions crafted by other courts in dealing with such situations. Anonymous juries and at times jury sequestration are tools available to minimize the impact that certain unique criminal cases have on jurors, witnesses, and parties. Anonymity of a jury panel in a criminal case also protects the integrity of the fact-finding process when one expects considerable trial publicity and newspaper, radio, and television coyerage after the trial begins. The media and the public may be curious concerning the identity of the participants, the witnesses, the lawyers, and the jurors. If such information falls in the wrong hands, this may result in jury interference, to say the least. If an incident affecting jury integrity occurs, the presiding judge may not get to know of the details until it is too late to take corrective measures. When jurors are exposed to prying into their personal affairs, with the potential of intimidation, it is only logical to expect that the incident will distort and distract the quality of attention needed for a trier of fact to function properly. Under the circumstances, the Article III judge is.afforded U.S. Marshal protection to deal with the adverse pressures and the risks involved. It is only logical to assume that a juror will also be affected by the potential of intimidation in any of its forms. The effect on a juror, without a doubt, is more severe than on the Article III judge, who deals with these problems on a frequent basis. We think that this case is one of those unique cases where the potential damage of interference with jury service merits preventive action. Defense counsel seem to believe that the government’s motion and affidavits in support of its request for anonymous jury, filed March 31, 1992, Docket Document No. 424, represent exaggeration and fact distortion. We disagree. We considered the contents of the motion, the affidavits in support, and the oppositions filed by the parties. We have also carried out an independent day-to-day analysis of the mentioned risks from day one of our present assignment. We have also considered the U.S. Marshals Service’s independent assessment and opinion. This judge has discussed some aspects of this case with the judge to whom the same was originally assigned. Considering the type of case, the number of defendants, the nature of the indictment, and the information on file, we would have been inclined to order jury anonymity motu proprio. With what this judge knows about this case, it is only prudent to make certain that the trial flows smoothly and that the fact-finding process is not affected in any form or fashion. Precautions will be taken to minimize any prejudicial effects on the defendants and to make certain that their fundamental rights are protected. The Clerk will notify the contents of this order to all attorneys of record. Those defendants who adopted codefendant Charles Pasciuti’s motion shall be bound by this ruling. This order will remain sealed until the jury selection is completed and the jury preliminary instructions have been given. Copies made available to counsel of record will be kept confidential while the order remains sealed. Any violation of this specific disposition will be severely sanctioned. IT IS SO ORDERED. EXHIBIT I In the United States District Court for the District of New Hampshire United States of America v. Charles T. Pasciuti a/k/a Doc, et al. Cr. 91-63-01-13-S GOVERNMENT’S AFFIDAVIT IN SUPPORT OF MOTION FOR ANONYMOUS JURY AND MOTION TO IMPOSE RULES GOVERNING SPECTATORS AT TRIAL CLYDE R.W. GARRIGAN, being duly sworn, deposes and says: I am an Assistant United States Attorney for the District of New Hampshire. I respectfully submit this Affidavit in Support of the Government’s Motion for an Anonymous Jury and Motion to Impose Rules Governing Spectators at Trial. Upon information and belief, the material contained herein is true and correct and is based upon conversations with and documentation provided by law enforcement officers and other credible sources as noted. A. Interference With the Judicial Process in the Present Case 1. BATF Special Agent Thomas Crowley provided the following information regarding government witness Gaylen Blake: On June 15, 1990, Gaylen Blake, former President of the Crazy Eights Motorcycle Club (CEMC) and his wife, Janet, were residing in a town in the southern section of the United States. They were both served with subpoenas to testify before the federal grand jury sitting in Concord, New Hampshire on June 21, 1990 regarding their knowledge of the Hells Angels Motorcycle Club (HAMC) Lowell Chapter, and the CEMC, and those organizations’ connections to and involvement in methamphetamine trafficking. On June 16, 1990, Glen Blake, who is Gaylen Blake’s twin brother and who resided in the same town, was approached by two white males claiming to be FBI agents and who were looking for Gaylen Blake. The two men refused to show Glen Blake any credentials. Glen Blake refused to talk to them because of their manner and approach and told them to leave. The FBI has had no role in the investigation of the present case, although it has been involved in the investigation of the criminal activity of other Hells Angels members in other parts of the country. On June 20, 1990, Gaylen and Janet Blake and their young child arrived in Concord, New Hampshire to answer the subpoenas. After meeting with investigators, Gaylen Blake agreed to cooperate in the investigation and testify regarding his knowledge of methamphetamine distribution by Charles “Doc” Pasciuti and others. The Blake family did not return home and were relocated and protected .by federal agents. They subsequently entered the U.S. Marshals Service Witness Protection Program. Blake, who had already been severely beaten by members of the HAMC and CEMC, was extremely concerned for his safety once it became known that he was cooperating and his whereabouts determined. On June 27, 1990, Glen Blake contacted a federal agent in Concord, New Hampshire and related that the Blake’s home had been broken into some timé during the previous twenty-four hours. Nothing appeared to have been taken. However, notes by the Blakes .referring to their grand jury appearance in Concord were in plain view. On July 13, 1990, two white males, described as “biker” types,- approached Gaylen Blake’s father at his home in southeastern Massachusetts. One of the men asked the senior Mr. Blake where his son Gaylen was. Mr. Blake told the men that he would call the police if the men did not leave. One of the men replied, “What are you, a wise guy? You want a slap in the head?” The two men then left. On the following day, July 14, 1990, Glen Blake reported that he was driving his vehicle in his hometown and was stopped at a stop sign when a brown van pulled up next to him. The van’s passenger jumped out of the van and reached into Blake’s vehicle. The passenger grabbed Blake by the neck and said, “Let’s go look for your brother.” Glen Blake had a firearm under the seat of his car which he grabbed and pointed at his assailant. The assailant jumped back and said, “You and your brother are both dead motherfuckers.” Blake then noticed the butt of a revolver in his assailant’s waistband. The man reentered the van and Blake backed his car away and fled. Glen Blake was able to observe a round white sticker on the passenger’s vent window which said, “Bad Co. Lowell.” (This is a well known nickname for the Lowell Chapter of the Hells Angels. These stickers identify the possessor as an associate or supporter of the HAMC). The van had a license plate which he believed had a green background and white letters. Glen Blake described his assailant as a tall, heavy, white male with tattoos on his arms, and a northeastern accent. On July 15, 1990, Glen Blake reported that he arrived home at 10:00 p.m. He heard a noise coming from his garage and observed someone running from the rear. On September 4, 1991, Gaylen Blake told S/A Crowley that two members of the CEMC had recently been to visit Blake’s father and mother looking for Gaylen. 2. BATF S/A Crowley provided the following information regarding government witness Robin Golden: In May 1990, Robin Golden, a former associate of “Doc” Pasciuti and the Lowell HAMC, agreed to cooperate with federal investigators. At the time she began cooperating, she was in extreme fear that she would be harmed by the HAMC as a result of her personal knowledge of criminal activity. She subsequently entered the Witness Protection Program. In May 1990, a federal search warrant was executed at defendant Charles Pasciuti’s. home in Westford, Massachusetts, which resulted in the seizure of a firearm and other evidence. The search warrant was based, in part, on information provided by Robin Golden. On July 2, 1990, a relative of Robin Golden’s told investigators that on June 22, 1990 another relative had found a typewritten note on the front porch of their home in the southwestern section of the United States. The note read something to the effect, “We know that you know something and we will find out.” The relative who discovered the note destroyed it and did not notify the police out of fear. On June 13, 1990, a former truck driving partner of Robin Golden’s told an ATF agent that he had recently been parked in a rest area in Missouri to sleep. When he awoke, he found that his truck had been entered by someone who removed a small observation window on the lower part of the passenger side cab door.. A pair of western boots had been left in the truck which were not his. Inside one of the boots was a note which said something to the effect, “This is what the future holds in store for you and your lady.” The witness believed this referred to Robin Golden. 3. S/A Thomas Crowley provided the following information regarding government witnesses David Machado and Larry Machado: Both David and Larry Machado (who are unrelated)' were formerly associated with the CEMC and defendants in the present case. On-January 22, 1992, they both met with federal prosecutors and investigators. Later that day, both men testified before the federal grand jury and returned home. The following morning, January 23, 1992, Larry Machado discovered a message on his answering machine. The male voice stated they knew Machado was cooperating and that he would likely be harmed if he cooperated. (S/A Crowley advised the affiant that the statement was to the effect, “We know you’re the rat and you’re going to pay.”) Both David and Larry Machado are now federally protected witnesses. 4. BATF- Resident Agent in Charge (RAC) Louis Tomasello provided the following information regarding government witness Gordon Tardiff: Gordon Tardiff is a former member and president of the Die Hards Motorcycle Club. Tardiff received methamphetamine from defendant Charles “Doc” Pasciuti and other defendants and distributed it in the Lakes Region of New Hampshire. In the fall of 1991, Tardiff agreed to cooperate with federal investigators.' On or about February 4, 1992, Tardiff advised RAC Tomasello that he had met with two old acquaintances from the motorcycle world. Those individuals told Tardiff that they had heard that Tardiff was cooperating with the police and that the Hells Angels were going to get him. Tardiff believed he would be harmed if the HAMC learned of his cooperation. Mr. Tardiff is presently a federally protected witness. 5. BATF S/A Terrence Barry testified at defendants Charles “Doc” Pasciuti and Charles “Chuckie” Casella’s detention hearing before Judge Magistrate William H. Barry, Jr. on October 15, 1991. Barry testified that following “Doc” Pasciuti’s conviction in Massachusetts for the brutal beating of Joseph Myrozek in March 1980, Barry met with “Doc” Pasciuti in prison. Pasciuti told S/A Barry that “the only mistake he [Pasciuti] made was not finishing Mrozek (sp) off.” Barry understood Pasciuti to mean he should have killed Myrozek. (Hearing Tr. p. 24). 6. BATF S/A Joseph K. Granatino testified at a detention hearing before Judge Stahl in United States v. John Pasciuti (Cr. 91-63-07-S) on January 14, 1992. That testimony was transcribed. Granatino indicated that defendant John Pasciuti, a' prospective member of the HAMC and brother of HAMC Lowell Chapter President Charles “Doc” Pasciuti, was arrested by the Massachusetts' State Police on October 29, 1991 after a loaded .22 caliber revolver was found in the truck in which John Pasciuti was a passenger. The driver was HAMC member Michael Gardner, and the truck belonged to HAMC prospective member Ken Anderson. The truck was southbound on Rte. 128 in Lexington, Massachusetts at the time it was stopped by the Trooper. Pasciuti was also charged with possessing a hypodermic needle and syringe found in his vicinity after he had been ordered to exit the vehicle. John Pasciuti was free on conditions of release in the present case at the time of his arrest on this incident. (He was indicted by the Middlesex County (Massachusetts) Grand Jury in January 1992). B. Courtroom Displays and Other Conduct in the Present Case 1. The affiant has personally observed color wearing members and prospects of the HAMC attending nearly all the public hearings to date in the present case. I have observed HAMC members and prospects loitering in the hallway before and after hearings in the present case, conspicuously displaying HAMC insignias. On February 12, 1992, during a hearing on the Government’s conflict of interest motion before Judge Stahl in Courtroom, 2, defendants George Caruso and David Beaton appeared and testified while wearing full HAMC “colors.” 2. I was advised by U.S. Marshals CSO Ed Hubbard that at a bail revocation hearing for defendant John “C.J.” Courtois held on December 12, 1991 in Courtroom 2, he approached an individual believed to be Ronald Alward. (Alward, a prospect for the Lowell Chapter of the HAMC, has attended many of public court proceedings in this case). The CSO asked Alward to move to other seats in the spectator section. Hubbard heard Alward say to another HAMC associate that, “They’re going to have to have an auditorium when this thing goes to trial.” 3. Trooper Terrence Kinneen of the New Hampshire State Police Intelligence Unit has received information that t-shirts are being distributed emblazoned with “Free Doc” and “Free Chuck,” as well as HAMC and Lowell Chapter insignias and symbols. These shirts refer to defendants and HAMC members Charles “Doc” Pasciuti and Charles “Chuckie” Casella. In addition, other memorabilia is allegedly being sold to rally support for the HAMC and the members and associates under indictment in the present case. 4. Trooper Kinneen has received information that the HAMC (and in particular the Massachusetts chapters) are “at war” with the Devils Disciples Motorcycle Club (DDMC). Two HAMC members were stabbed in Revere on November 8, 1991, allegedly by DDMC members. The conflict between the HAMC and DDMC is • longstanding and allegedly has its roots in the murder of an HAMC member in New Hampshire after the Laconia/Loudon “Motorcycle Weekend” of 1972. (See State v. Dayutis, 127 N.H. 101, 498 A.2d 325 (1985)). In addition, the HAMC has been in conflict with the Outlaws Motorcycle Club (another international motorcycle gang) since the mid-1970’s when HAMC Lowell Chapter members were allegedly murdered by Outlaws in Florida. That “war” has since resulted in multiple murders and other acts of violence. 5. On August 7, 1991, Trooper Kinneen participated in a telephone interview of William Medeiros a/k/a “Wild Bill.” Medeiros is a former member of the HAMC and was security officer for the New York City Chapter. After “Operation Rough Rider” resulted in the indictment of him and many other Hells Angels members on drug and racketeering charges in May 1985, Medeiros was a fugitive from justice until October 1985. He subsequently agreed to cooperate with the government and entered the Witness Protection Program. Medeiros said he had known “Doc” Pasciuti for many years. He said that the HAMC will make a concerted effort to identify all potential government witnesses. The Lowell Chapter is “notorious” for going after witnesses. The HAMC circulate copies of all police reports, particularly those containing witness statements, to every HAMC chapter. If an HAMC member cooperates, the club will circulate photos of the individual as a “wanted” poster among all HAMC chapters and other outlaw motorcycle associated with the HAMC. The security officer in each HAMC chapter maintains security files on each member, including photographs and information about the member’s family as insurance that members will not cooperate with police. If a member cooperates, he is put in the “hit file” and will be killed if located. Medeiros believes that the HAMC is still searching for him and is certain he would be killed if found because of the assistance he has provided to law enforcement and because he testified against the HAMC. 6. I have reviewed a réport by Westford (Massachusetts) Police Department Patrolman Hervey P. Cote. That report indicates that he spoke with Charles “Doc” Pasciuti on September 1, 1990. During that interview, Pasciuti confirmed that he was an officer of the East Coast chapters (including numerous Canadian chapters in Quebec) of the HAMC. When asked by Cote if he was considered an important member of the club, Pasciuti stated that some people in the HAMC call him the “East Coast Sonny Barger.” During that interview, “Doc” Pasciuti confirmed that the HAMC was at war with the Outlaws Motorcycle Club, and that it began when two members of the Lowell Chapter were killed in Florida. C. Interference With the Judicial Process in Other Cases Involving Members or Associates of the HAMC 1. In 1987, in the cases of United States of America v. Paul Francis Casey a/k/a “K.C. ” and Brendan Manning, SSS 85 Cr. 428 (PNL) (S.D.N.Y.), the FBI case agent and prosecuting AUSA filed Affidavits in support of the Government’s Motion to Empanel an Anonymous Jury with Appropriate Safeguards. Both defendants were members of the HAMC. Those affidavits (appended hereto at A and incorporated herein) described specific alleged acts of violence and intimidation by the HAMC intended to interfere with the judicial process, including the murder of a witness and her two small children and the attempted murder of law enforcement officers. 1(a) Detective Nicholas Barone of the Connecticut State Police (who testified-for the Government at Pasciuti/Casella’s detention hearing as an expert witness on the HAMC) provided information that in 1986, following the investigation and prosecution of a large number of East Coast HAMC members in the mid-1980’s (Operation Rough Rider) that he received reliable information that he and Chief Assistant United States Attorney for the District of Connecticut, H. James Pickerstein, were to be physically harmed by the HAMC. These attempts at violence were to be funded by the HAMC Oakland, California Chapter. As a result, Barone was subject to intense round-the-clock security for an extended period of time. (See also Transcript, Detention Hearing, United States v. Charles Pasciuti/Charles Casella, 10/15/91, p. 121-122). 2. In 1990, in the case of United States v. Timothy Jay Blackwell, et al. (United States District Court for the Middle District of North Carolina, Cr. 90-128-01-05 WS), the Government filed a motion for a list of unnamed, numbered jurors. The motion was supported by the affidavit of former HAMC member Charles Terry Norman (a/k/a “Fat Terry”), who began cooperating with the United States in late 1989. The affidavit is appended hereto at B. Norman alleged that HAMC national officers had ordered members to attend the trial of HAMC Oakland Chapter President Ralph “Sonny” Barger, wear colors to court, and congregate in and around the courthouse. 3. In United States v. Dennis George, et al. (United States District Court for the District of South Carolina, Criminal No. 90-319), all the members of the jury panel received a pamphlet promoting “jury nullification” at their home address prior to trial. The prosecutor believes that the HAMC was responsible for the mailing. (See AUSA Moore’s letter to affiant, dated November 26, 1991, with pamphlet attached, appended hereto at C). 4. In 1983, in the case of United States v. Carl Lee Wortman, et al. (United States District Court, Northeastern District of Ohio, Eastern Division, Case No. CR83130), the Government filed a motion in limine to prevent disclosure of the identity, address and residence locale of petit jurors. The Motion (appended hereto at D) described in detail various attempts by the HAMC to interfere with the judicial process (see in particular pages 1-4). 5. In United States v. Steven Wayne Yee, et al. (United States District Court, Northern District of Ohio, Western Division, Case No. 3:89CR0720), the Government filed a motion for anonymous jury and for rules governing the conduct of spectators. The Motion and supporting documents (appended hereto at E) again reviewed the history of HAMC attempts to subvert justice in the State of Ohio and elsewhere. 6. Detective Nicholas Barone of the Connecticut State Police testified as an expert witness on the HAMC at the detention hearing held in this case on October 15, 1991. Barone, who has investigated outlaw motorcycle gangs for over fifteen years, described the Hells Angels’ penchant for violence and willingness to harm or intimidate anyone cooperating with law enforcement. (See Transcript of Hearing, United States v. Charles Pasciuti and United States v. Charles Casella, October 15, 1991, pages 89-93, 118-120 appended hereto at F). 7. In 1984, Judge James J. McGettrick of the Cuyahoga County (Ohio) Common Pleas Court, told an undercover ATF agent (who the judge believed was associated with the HAMC) that he had been payed bribes to fix two cases where the defendants were members of the HAMC. The judge claimed that he was still owed money.. Later, the agent, while wired, payed the judge an additional $5,000, which was subsequently recovered from the judge’s home along with newspaper articles about the fixed cases. The judge was convicted of bribery and the conviction was affirmed o.n appeal. The facts are described in State v. McGettrick, 40 Ohio App.3d 25, 531 N.E.2d 755 (1988). D. Pretrial Publicity The case has received significant pretrial publicity to date (see collection of newspaper articles appended hereto at G). The defendants’ arrests on October 3, 1991 were covered by both television Channel 9 (Manchester) and Channel . 60 (Merrimack). /s/CIyde R.W. Garrigan Clyde R.W. Garrigan Assistant U.S. Attorney Sworn and subscribed to before me this 31st day of March, 1992. /s/Linda McAllister Justice of Peace APPENDIX A United States District Court Southern District of New York United States of America -v- Paul Francis Casey, a/k/a “K.C.,” and Brendan Manning, Defendants. SSS 85 Cr. 428 (PNL) State of New York County of New York Southern District of New York AFFIDAVIT IN SUPPORT OF GOVERNMENT’S MOTION TO IMPANEL AN ANONYMOUS JURY WITH APPROPRIATE SAFEGUARDS. RICHARD G. MARTINEZ, being duly sworn, deposes and says: 1. I am a Special Agent of the Federal Bureau of Investigation presently assigned to the Organized Crime Drug Enforcement Task Force, New York, New York. I respectfully submit this affidavit in support of the Government’s motion for the impanelment of an anonymous jury with appropriate safeguards. 2. Upon information and belief, it has been a consistent practice of the Hell’s Angels Motorcycle Club (“HAMC”) nationwide to take steps involving intimidation when HAMC members stand trial. The following information is based upon my interviews and discussions with various knowledgeable law enforcement personnel across the country. 3. Upon information and belief, in or about July 1977, Margo Compton testified on behalf of the prosecution in a California state criminal prosecution against the HAMC. At that time, Compton was residing in a rural area of Oregon with six year old twin daughters. While in the process of writing an autobiography of her life with the HAMC, she, her daughter, and a nineteen year old male friend were shot to death, execution-style. 4. On or about January 30, 1978, Detective William Zerby of the Solano County, California Sheriff’s Office was injured as a result of an explosive device detonated as he was entering a vehicle parked in front of his home. Detective Zerby was en route to court in a matter involving several members of the HAMC. Two HAMC members were subsequently arrested for conspiracy to commit murder. In or about November 1978, HAMC member James Brandes stated to a reporter for Rolling Stone Magazine: “Zerby drew a line and stepped over it. I don’t take that from anybody in the streets, and I sure ain’t gonna take that from him. I don’t let nobody come around and shove me around. I don’t think anyone does — if he’s a man.” 5. During the recent trial of George Christi, President of the Ventura, California HAMC chapter, the court permitted members of the HAMC to enter the courtroom wearing their “colors.” According to the United States Marshals in attendance at the trial, witnesses were threatened by HAMC members in the audience. In addition, HAMC members were present when several jurors left the courthouse. On one occasion, a juror was followed to his vehicle. /s/Richard G. Martinez RICHARD G. MARTINEZ Special Agent Federal Bureau of Investigation Sworn to before me this 4th day of September, 1987. /s/Pearl Zwirn NOTARY PUBLIC PEARL ZWIRN Notary Public, State of New York No. 31-4729864 Qualified in New York County Commission Expires Feb. 28, 1989 United States District Court Southern District of New York United States of America -v- Paul Francis Casey, a/k/a “K.C.,” and Brendan Manning, Defendants. SSS 85 Cr. 428 (PNL) State of New York County of New York Southern District of New York SUPPLEMENTAL AFFIDAVIT JAMES J. McGUIRE, being duly sworn, deposes and says: 1. I am an Assistant United States Attorney for the Southern District of New York. I submit this Supplemental Affidavit in further support of the Government’s motion for an anonymous jury and other relief. Upon information and belief, the data contained herein is true and correct and is based upon conversations with and documentation provided by other law enforcement officials. 2. On July 27, 1969, Carol Lane was forcibly raped by four members of the San Diego Chapter of the Hells Angels. After filing charges against those members, she was subjected to threats and intimidated into leaving the San Diego area, and she refused to testify in court. 3. On February 7, 1975, Officer John McGee stopped a member of the Bridgeport, Connecticut Chapter of the Hells Angel for speeding and issued him a citation. The club member threatened Officer McGee with physical harm because the citation was issued. While returning to his residence at the end of his shift, Officer McGee observed a stalled vehicle. He stopped to assist the occupants. At that time he was attacked by three members of the Bridgeport, Connecticut Chapter of the Hells Angels and beaten with a baseball bat. He was hospitalized in critical condition. 4. In November 1976, then Deputy District Attorney J. Leslie Duchnick received confidential information from a local defense attorney that members of the Hells Angels wanted to kill Mr. Duchnick. Mr. Duchnick was then assigned to the Special Operations Division of the District Attorney’s Office and was prosecuting several cases filed against members of the San Diego Chapter of the Hells Angels.. 5. During February 1977, a bomb exploded near the car of San Jose Police Sergeant John Kracht. Sergeant Kracht was in charge of all motorcycle gang investigations for the San Jose Police Department. He had been involved in arresting several members of the Hells Angels, and he had testified against club members on several occasions. 6. On August 8, 1977, Margo Compton, her twin 6 year-old daughters, and a 19 year-old boy, who was a friend of the family, were found murdered in Ms. Compton’s home in Oregon. All four people had been executed by gunshot. Shortly prior to her murder, Ms. Compton had testified against Buck Garrett, a member of the Oakland Chapter of the Hells Angels in a criminal trial in the San Francisco area. Law enforcement has learned that Ms. Compton was murdered by an associate of the Hells Angels, because she testified against Mr. Garrett. 7. -In late 1977, Robert Provau jumped bail causing the Hells Angel Motorcycle Club to forfeit more than $30,000 in bonds. Also, when Mr. Provau left San Diego, he owed a personal debt to the San Diego Chapter’s president, Thomas Renzulli. Both these offenses are considered capital offenses within Hells Angels club. The club was afraid that Mr. Provau, if apprehended, would cooperate with law enforcement officers rather than go to prison' where he would be killed because of his transgressions against the club. Consequently, a “contract” was put out for Mr. Provau. In part, on several occasions members of the San Diego Chapter of the Hells Angels went to New York to search for Mr. Provau. James Brent Eaton, a Hells Angel, who was then in New York, personally spoke to Larry Ditmars, aka “Dexter”, a former member of the San Diego Chapter of the Hells Angels and a present member of the Vallejo Chapter of the club, Raymond Piltz, aka.“Fat Ray”, a former member of the San Diego Chapter of the Hells Angels, now deceased, and one David Harbridge about their searching for Mr. Provau to kill him. Also, Paul Vauchelet, aka “Tattoo Paul”, a member of the San Diego Chapter of the Hells Angels, was assigned by the club to work with the bondsman in an attempt to locate Mr. Provau, so he could be killed by the club. 8. On the morning of January 30, 1978, Solano County Deputy Sheriff, William Zerbe was leaving his residence enroute to court to testify against members of the Oakland Chapter of the Hells Angels. As Deputy Zerbe entered his car, a bomb was detonated by remote ■ control. Deputy Zerbe received severe injuries to his back, legs, and ears. He has retired from law enforcement because of medical disability. 9. In February 1978, two prospects in the San Diego Chapter of the Hells Angels, Robert Johnson, aka “Mexican Mike”, and William Peters, aka “Filthy Bill”, were arrested while surveilling the residence of District Attorney Investigator Ray Morgan. Mr. Morgan had been investigating several crimes, including the instant charges, which had been committed by members of the Hells Angels. Mr. Morgan had arrested and testified against many Hells Angels. Search warrants were issued for the residences of Johnson and Peters. In Johnson’s residence a “hit kit” containing a .45 calibre machine gun, a .22 calibre semi-automatic pistol with a silencer, ammunition for both guns, rubber gloves, a camouflage-type poncho, and a hand drawn map to Mr. Morgan’s house was found. An electronic eavesdropping device — a parabolic microphone — was found in Peters’ residence. Mr. Morgan retired from law enforcement. He is presently in hiding in another part of the country. 10. In March 1982, Robin Waugh was walking her dog in Ocean Beach, California. When her dog began fighting with another dog belonging to Michael Rush, aka Mickey Canyon, a member of the San Diego Chapter of the Hells Angels, an argument started. Mr. Rush severely beat Miss Waugh, breaking her nose and cracking her ribs. Mr. Rush then told her that if she called the police she would be killed. Later that month Miss Waugh again saw Mr. Rush in the beach area. She told her boyfriend, who confronted Mr. Rush. Both men had weapons, but Ms. Waugh’s boyfriend, Douglas Pittman, turned and ran away. Mr. Rush chased him and beat Mr. Pittman with a hammer causing, severe head injuries. Two days later Mr. Rush, accompanied by Ronald “Dirt” Liquori, another member of the San Diego Chapter of the Hells Angels, and Roland Eddy, a club associate, approached Miss Waugh and Mr: Pittman near their Ocean Beach home. They threatened to kill Miss Waugh and Mr. Pittman if they told the police or testified against Mr. Rush. Both Mr. Rush and Mr. Liquori have been convicted of felony witness intimidation, and Mr. Eddy pled no contest to misdemeanor witness intimidation. Mr. Rush was also convicted of assault with a deadly weapon. 11. In May 1982, the Akron, Ohio Police Department conducted a search at the Akron Clubhouse of the Hells Angels. Akron Police Captain Jerry Foys was involved in the search. Thereafter, the Akron Chapter of the Hells Angels attempted to hire a man to kill Captain Foys. 12. In October of 1982, Jack Gentry, a member of the Cleveland, Ohio Chapter of the Hells Angels was tried in Ohio for the murder of a rival motorcycle club member. Hells Angels from all over the country showed up at the trial. Sonny Barger,' then President of the Oakland Chapter, and Sandy Alexander, President of the New York Chapter, were both present. During the trial, the son of one juror was approached and told that if his mother returned a verdict of guilty, she would have “lots of problems." The person who contacted the juror’s son described the juror and what she had worn to court that day. The juror became so frightened that she had to be excused from the trial. 13. In late 1982, law enforcement officers received information that the Cleveland, Ohio Chapter of the Hells Angels had issued a “contract” for the murder of a Cleveland Alcohol, Tobacco, and Firearms agent, who had been involved in the investigation of several murders committed by members of the club. The information came from a confidential source in great detail, including where the killing would take place. The people planning these events knew the agent was going to fly to a particular location and then drive from that location to a law enforcement seminar in a nearby locality. Contact was made with the ATF agent involved, and it was confirmed that he was going to go to the law enforcement seminar on the dates specified by the informant via the route specified by the informant. This information was not public knowledge. 14. Numerous informants have advised law enforcement officers that it is a modus operandi of the Hells Angels to threaten and/or kill witnesses to prevent them from testifying in court and to try to intimidate or influence jurors. According to these sources, the Hells Angels do not always carefully discriminate between targets of intimidation, preferring to do what is necessary to secure the desired results. As the other materials on file with the Court indicate, these practices have continued up to and including recent times. Moreover, this case may result in very extensive disclosure about the club’s activities and could well engender general discomfort and ill feeling among its members. 15. Upon information and belief, a number of Hells Angels trials have been conducted with anonymous juries, one as recently as 1986 in the Northern District of New York before Judge Munson. Should the Court desire, the Government will endeavor to provide additional details. /s/James J. McGuire JAMES J. McGUIRE Assistant United States Attorney Sworn to before me this 18th Day of September, 1987 /s/Pearl Zwirn NOTARY PUBLIC PEARL ZWIRN Notary Public, State of New York No. 31-4729864 Qualified in New York County Commission Expires Feb. 28, 1989 APPENDIX B In the United States District Court for the Middle District of North Carolina Winston-Salem Division United States of America v. Timothy Jay Blackwell Harold Dean Cheek Otis Buck Garrett Eldon Bernard McCann William Sanders CR-90-128-01-WS CR-90-128-02-WS CR-90-128-03-WS CR-90-128-04-WS CR-90-128-05-WS MOTION FOR LIST OF NUMBERED JURORS NOW COMES the United States of America, by and through Robert H. Edmunds, Jr., United States Attorney for the Middle District of North Carolina, and moves to have jurors selected without revealing their names or addresses. In support of its Motion, the United States of America states the following: 1. The defendants are members of different chapters of the Hells Angels Motorcycle Club (“HAMC”), an organization proved to be involved in numerous types of criminal activity on a nationwide basis with a propensity for violence. The defendants are charged with serious drug offenses involving the distribution of methamphetamine and could receive lengthy prison sentences. 2. From observations of trials involving HAMC members in Kentucky and elsewhere, (United States v. Barger, et al., CR-87-154-L(J), (W.D.Kentucky)), it is standard for the HAMC to direct members to attend trial en masse in order to intimidate jurors. Each member is directed to wear his HAMC insignia, sit in the courtroom during trial, and congregate in public areas during recesses in order to be observed by government witnesses and jurors. A deliberate effort is made to cause jurors to be apprehensive for their own safety and the safety of their families. 3. Accordingly, the government requests the selection of jurors without disclosure of their names and addresses. Anonymous juries are warranted in cases such as this one involving organized crime and are not unconstitutional. United States v. Tutino, 883 F.2d 1125, 1132 (2nd Cir.1989); United States v. Persico, 832 F.2d 705, 717-718 (2nd Cir.1987), cert. denied, [486 U.S. 1022] 108 S.Ct. 1995 [100 L.Ed.2d 227] (1988); United States v. Scarfo, 850 F.2d 1015, 1021 (3rd Cir.1988). The appropriate voir dire by the Court will assure that the defendants are not deprived of the necessary information for the intelligent exercise of their peremptory challenges. United States v. Scarfo, supra at 1022. Despite anonymity, appropriate voir dire can eliminate any “risk that providing jurors with anonymity would cast unfair aspersions” on the defendants. United States v. Persico, supra at 717. 4. There is a very substantial risk in the present case that HAMC members from other areas and other chapters will be present throughout trial and attempt to intimidate and harass jurors. The limited degree of juror anonymity requested is reasonable under the circumstances and will not impair the defendants’ rights or deprive them of a fair trial. This the 1st day of May, 1990. Respectfully submitted, ROBERT H. EDMUNDS, JR. United States Attorney /s/Harry L. Hobgood HARRY L. HOBGOOD NCSB # 6209 Assistant United States Attorney In the United States District Court for the Middle District of North Carolina Winston-Salem Division United States of America v. Timothy Jay Blackwell, also known as “Tiny,” Harold Dean Cheek Otis Buck Garrett Eldon Bernard McCann William Sanders, also known as “Hangtown,” CR-90-128-01-WS CR-90-128-02-WS CR-90-128-03-WS CR-90-128-04-WS CR-90-128-05-WS AFFIDAVIT IN SUPPORT OF MOTION FOR LIST OF NUMBERED JURORS I, Charles Terry Norman, hereby affirm that the following is a true and accurate statement provided by me voluntarily: 1. I was a member of the Hell’s Angels Motorcycle Club (“HAMC”) between 1979 and 1989 and was associated with the Winston-Salem, North Carolina chapter. 2. During 1988, the East and West Coast Officers of the HAMC directed that every club throughout the United States send members to Louisville, Kentucky for the trial of United States v. Barger, et al., CR-87-154-L(J) (W.D.Kentueky). 3. Members were directed to wear their colors and sit in the courtroom during trial to intimidate jurors and government witnesses. Members were directed to congregate in public areas of the courthouse during breaks in trial and to be seen around Louisville during the evening. Additional motorcycles were brought in by trailer to be parked near the courthouse to give the impression that there were even more members than actually were present. Every effort was also made to attract the attention of the media and warn the public that the HAMC was present in force. 4. All members of the Durham and Winston-Salem, North Carolina chapters of the HAMC traveled to Louisville and participated in intimidating jurors and witnesses. 5. This procedure has also been used to influence verdicts in other federal and state trials involving HAMC members. This the 1 day of June, 1990. /s/Charles Terry Norman CHARLES TERRY NORMAN APPENDIX C APPENDIX D United States District Court Northern District of Ohio Eastern Division United States of America, Plaintiff, v. Carl Lee Wortman, et al., Defendants. Case No. CR 83-130 Judge David D. Dowd, Jr. GOVERNMENT’S MOTION IN LIMINE TO PREVENT DISCLOSURE OF THE IDENTITY, ADDRESS AND RESIDENCE LOCALE OF PETIT JURORS Filed Oct. 24, 1983 The trial of the Defendants herein is presently scheduled to commence on October 31, 1983, with the selection of the jury beginning on that day. For the reasons hereafter discussed, the government requests that the Court issue an order directing the Clerk of the United States District Court for the Northern District of Ohio, Eastern Division, to place under seal the names and addresses of all individuals summoned as prospective jurors herein. It'is further requested that said names and addresses not be released to attorneys for either the government or the defendants at any time before, during or after the trial and that the jury selection procedure be conducted in such a manner so as to insure complete anonymity to all members of the jury. MEMORANDUM I. Facts The Defendants are both acknowledged members of the Hells Angels Motorcycle Club, an internationally organized group with local chapters in Cleveland and Akron. Since late 1982, members of the Hells Angels have been defendants in several state trials in various local jurisdictions within the confines of the Northern District of Ohio. While the subject matter of the trials is not relevant to this motion, the conduct and tactics employed by the Hells Angels should be viewed with grave concern by anyone interested in the fair administration of justice. It is the contention of the government that a consistent pattern of subtle jury intimidation has been practiced by members of the Hells Angels who are associated with defendants in criminal trials in this district. This intimidation, regardless of how subtle it may appear, has' a direct impact on the ability of petit jurors to assess the evidence in an impartial manner. The tactics utilized by the Hells Angels in a state trial in Toledo, Ohio, in October, 1982, best illustrate the pattern which has emerged. There a member of the Cleveland chapter of the Hells Angels was on trial for an offense that occurred in the Toledo area, which is a stronghold of the Hells Angels arch-rival Outlaw Motorcycle Club. During the course of the trial, members of the Hells Angels wearing colors constantly packed the courtroom and mingled in the hallways of the Courthouse. And, in addition to Hells Angels from Cleveland and Akron, members from all over the United States were present at the trial. Hells Angels also stationed themselves at the exits from the Courthouse, prompting several jurors to request that security personnel accompany them as they left for the day. Also during the trial, the son of one juror was approached in a bar and was told that if his mother returned a verdict of guilty she would' have “lots of problems”. The person who contacted the juror’s son described the juror and what she wore to court that day. The juror in question was so frightened that she requested to be dismissed from the panel, a' request that was granted by the trial judge. The final incident in this trial occurred after the case concluded with the acquittal of the defendant. Each juror was contacted at home and - invited to a luncheon given by the Hells Angels at the Sheraton-Westgate Hotel in Toledo. During the fall of 1982, a member of the Akron chapter of the Hells Angels was tried in that city. Again, Hells Angels from various parts of the country were present, displaying their colors and constantly maintaining a large presence in the courtroom. In early 1983, a trial occurred in Cleveland in which a member of the Cleveland chapter was the defendant. The courtroom scenario described above was repeated once again and additionally, members of the Hells Angels made it a point to constantly stare at the members of the jury. Finally, in October, 1983, another state trial took place in Akron in which a Cleveland Hells Angel was the defendant. On September 28, 1983, in preparation for that trial, a list of the prospective jurors in that case was provided to attorneys for the defense and the state. That same evening a suspicious car was observed driving up and down a street in Akron where two of the prospective jurors lived. The car contained two bearded individuals and was found to be registered to an Akron Hells Angel. Significantly, in three of the four instances alluded to above, Alan P. Caplan, the attorney for Mr. WORTMAN, represented the defendants. In at least one of those cases Gary Eisner, the attorney for Mr. RIBICH, was also counsel of record. II. Law Federal judges are vested with broad discretion in the conduct of voir dire. Aldridge v. United States, 283 U.S. 308, 310 [51 S.Ct. 470, 471, 75 L.Ed. 1054] (1931); United States v. Black, 685 F.2d 132 (5th Cir.1982); United States v. Barnes, 604 F.2d 121 (2nd Cir.1979), cert. denied, 446 U.S. 907 [100 S.Ct. 1833, 64 L.Ed.2d 260]. Absent an abuse of discretion in the conduct of voir dire, and a showing that the rights of the accused were prejudiced thereby, a conviction will not be disturbed on appeal. United States v. Banks, 687 F.2d 967 (7th Cir.1982); United States v. Black, supra. In United States v. Barnes, 604 F.2d 121 (2nd Cir.1979), cert. denied, 446 U.S. 907 [100 S.Ct. 1833, 64 L.Ed.2d 260], the United States Court of Appeals for the Second Circuit affirmed the decision of the District Court ordering non-disclosure of juror’s identities, residence locales and ethnic background. Barnes was a narcotics prosecution trial in the Southern District of New York. Because of the history of'violence associated with narcotics cases in that district the government sought a pre-trial order which would assure the anonymity of the prospective jurors as well as those ultimately selected to sit. In its moving papers the government directed the Court's attention to three recent cases of similar import in which there had been attempts made to influence jurors. Barnes, supra, n. 3 at 134. Recognizing the corruptive effect such tactics have on the entire criminal justice system, the trial court granted the government’s motion- and the names and addresses of the jurors were withheld from all parties. On appeal the defendants claimed a violation of due process on' the grounds that questioning anonymous jurors prevented the defense from obtaining complete and accurate information regarding the prospective veniremen. The Court of Appeals categorically rejected these arguments, noting that all information deemed to be relevant to the intelligent exercise of challenges for cause, as well as peremptory challenges, could be elicited from jurors who remained anonymous. In reaching this conclusion, the court discussed the procedure followed in the selection process. In that process, the district court called 150 prospective jurors, assigning each a number. This was followed by the trial judge addressing a number of standard questions to the entire panel, which resulted in numerous jurors being excused for cause. The court then addressed certain questions submitted by the parties to individual jurors, including their county of residence and length of time in the community. A family history was also elicited as well as information concerning each juror’s occupation, educational background, and membership in organized groups. In short, counsel for both sides were able to ascertain virtually every relevant fact except the juror’s name and address. Both procedurally and logistically then, any added burden on the trial court or court personnel was minimal. In reviewing the reasons behind the selection of an anonymous jury, the Court of Appeals took note of the serious nature of the charges as well as the “sordid history” of narcotics cases in the Southern District. It found that this was sufficient to put the trial court on notice that all safety measures possible should be taken for the protection of prospective jurors. Barnes, at 135. The Court also specifically rejected the argument that jurors must disclose their identities and publicly take responsibility for the decisions they made. This, ... is not the law — and should not be. If a juror feels that he and his family may be subjected to violence or death at the hands of a defendant or his friends, how can his judgment be as free and impartial as the Constitution requires? If “the anonymous juror feels less pressure” as the result of anonymity, this is as it should be — a factor contributing to his impartiality. The court’s decision as to anonymity and sequestration comported with its obligation to protect the jury, to assure its privacy, and to avoid all possible mental blocks against impartiality. Id. at 140, 141. The argument may well be advanced that no events have thus far occurred in this case which would give rise to the degree of concern expressed by the government. In recognizing that trial judges are charged with the responsibility of providing protection for jurors, witnesses and counsel, the Court in Barnes stated that: It can be no answer that no untoward event had occurred up to the opening of the trial. The trial judge had to take such steps as might be necessary in advance to avoid such an event. Cases need not be cited to prove the adage of the futility of locking the barn door after the horse has escaped. Barnes at 137. Moreover, the government here, as in Barnes, has demonstrated to the Court that trials in this district involving members of the Hells Angels are filled with tactics that are expressly designed to intimidate jurors. And, it would