For failure
on the part of the prosecution to observe proper procedures, a Nevada court
judge declared a mistrial in the felony attempted murder and gang-related
activity case against eight Hells Angels arising from a well-publicized
December 2008 brawl with rival Mongols motorcycle club members at a wedding
chapel in downtown Las Vegas.
Clark County
District Court Judge Michael Villani ruled Wednesday that prosecutors failed to
fully turn over to defense attorneys evidence, including photographs and documents
to be used during the trial for eight of thirteen members of the Hells Angels
Motorcycle Club who have been charged with bludgeoning three Mongols at the A
Special Memory Wedding Chapel. The eight defendants on trial are Dominic
Orlando, Frederick O'Dell, Brandon Young, James Sexey, John Dawson, Jeffrey
Murray, John Merchant, and Armando Porras.
Villani made
his decision after being told that a lead police detective in the case had
testified in a child custody hearing for one of the victims years after the
brawl. The detective's testimony has to do with the issue as to whether the
victim remained a member of the Mongols after the brawling incident with the
rival motorcycle club. The prosecutors apparently thought the testimony had
very limited relevance to the case.
The defense lawyers maintained otherwise. They said not knowing about the testimony
beforehand hampered the defense's ability to impeach or cross-examine
witnesses. One of the Hells Angels’ attorney, Jim Oronoz argued that, "The
government, like everyone else, has to play by the rules and turn over the
evidence."