Canada - ~Judge urged to drop criminal organization charges against East End Hells Angels~
VANCOUVER - Defence lawyers for two Hells Angels urged a judge Thursday to drop charges that allege the East End chapter of the biker gang is a criminal organization.
Defence lawyers Bonnie Craig and Richard Cairns argued that the Crown should be prohibited from proceeding on the criminal organization charges at a pending drug trial because a jury in an earlier trial acquitted Hells Angels members Randy Potts and John Punko of possessing weapons for the benefit of the East End chapter, which the Crown contends is a criminal organization.
Craig, who is representing Potts at a drug trial scheduled to start Dec. 7, argued that her client was acquitted of committing crimes for the benefit of a criminal organization and was sentenced accordingly.
But she argued Justice Selwyn Romilly, the trial judge in the previous 10-month jury trial that ended in July, gave a higher sentence to Potts because he found as an aggravating factor that the accused was a member of the East End Hells Angels.
"You say Judge Romilly gave a higher sentence to Potts...a real consequence your client paid and shouldn't have to pay a second time?" B.C. Supreme Court Justice Peter Leask asked the defence lawyer.
"Yes," Craig replied during a pre-trial hearing.
The defence lawyers have applied for the judge to order "estoppel" of the criminal organization charges, meaning the Crown would be prohibited from proceeding on the criminal organization allegations contained in the direct indictment against Potts and Punko.
The Crown contends the co-accused directed the production and distribution of methamphetamine in association with or for the benefit of a criminal organization, namely the East End charter of the Hells Angels.
Federal prosecutor Martha Devlin, however, argued against the judge stopping the Crown from proceeding on the criminal organization charges.
The prosecutor pointed out that while the jury last July acquitted against Potts, Punko and two other Hells Angels members - Ronaldo Lising and Jean Violette - on the criminal organization charges, the trial judge spent more than 20 pages in his recent sentencing judgment involving Violette dealing with the criminal organization evidence.
Devlin suggested this indicates Romilly would have convicted on the criminal organization charges, but he could not make a finding that would conflict with the jury's verdict.
(Romilly's sentencing judgment concerning Violette, made earlier this month, is online at:
http://www.courts.gov.bc.ca/jdb-txt/SC/09/15/2009BCSC1557.htm)
Devlin suggested the defence was inviting the current trial judge "to engage in impermissible speculation and conjecture with respect to the nature of the jury question, the timing of the verdict, the jury charge, exchanges during submissions at sentence and findings of fact by Mr. Justice Romilly."
Leask will have to rule on the defence application before the trial begins next month.
So far, there has not been a successful prosecution on the criminal organization charges against the Hells Angels in B.C., despite a number of trials.
Potts was convicted last July of four offences: having control of illegal grenades, possessing a loaded Colt .45 semi-automatic pistol, possessing an Intratec 9-mm semi-automatic pistol, a Ruger .22-calibre semi-automatic rifle and Voere bolt-action rifle and a .44 Ruger revolver.
The judge found Potts held the arsenal of weapons for the East End Hells Angels.
Potts, 49, was sentenced to a seven-year sentence for controlling the arsenal but effectively received a sentence of time served after being double credit for four years served in pre-trial custody.
Punko, 43, was convicted of the unauthorized possession of a loaded Smith & Wesson semi-automatic pistol.
He was sentenced to 15 months in jail for illegal possession of a loaded semi-automatic pistol and a consecutive sentence of four years for counselling a police agent to do damage to a Surrey home where Punko was trying to collect a large amount of money from a man.
It was also effectively a sentence of time served but Punko was recently denied bail by Leask. Potts was released on bail.
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