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 Judge says no to Hells Angels 'Death Head' in court |
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| Judge says no to Hells Angels 'Death Head' in court |
   
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A Sonoma County Superior Court judge Wednesday prohibited Hells Angels motorcycle riders and their supporters from wearing club insignias to court, saying they are intimidating.
Acting on a request from the Sheriff?s Department, Judge Ken Gnoss ruled that Mark Guardado Sr., and Jonathan Nelson, cannot wear the ?Death Head? symbol that is the group?s trademarked logo or red and white clothing that openly promotes the group.
Gnoss? ruling avoided the issue of whether the Hells Angels are a gang as defined by law. Prosecutors and the sheriff?s attorneys refer to them as a ?criminal street gang,? while their lawyers call them a ?motorcycle club.?
Gnoss pointedly referred to the Hells Angels as a ?motorcycle group? in his order, which he said relied on legal precedent allowing judges? broad discretion in maintaining and enforcing security and decorum in their courtrooms.
Guardado of San Francisco, and Nelson, from Healdsburg, are facing assault and gang charges in connection with an incident in Petaluma. Police from several agencies earlier this month raided several Hells Angels sites seeking evidence they believe may bolster their case.
Both men are free on bail pending further hearings in the assault case. No charges have been filed in connection with the raids.
http://www.pressdemocrat.com/article/200...NEWS/713173400/
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18.07.2008 08:46 |
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| Judge says no to 'Death Head' |
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Hells Angels cannot wear logo, group's colors to trial in felony assault case
By L.A. CARTER
THE PRESS DEMOCRAT
Published: Thursday, July 17, 2008 at 4:30 a.m.
Last Modified: Thursday, July 17, 2008 at 10:25 a.m.
Avoiding the stickier legal issue of whether the Hells Angels are a gang, a Sonoma County Superior Court judge Wednesday prohibited two members and their supporters from wearing club insignias to court, saying they are intimidating.
Whether the motorcycle group meets the legal definition of a criminal street gang -- a question never before pressed in Sonoma County -- will be determined later in the felony assault case against Mark Guardado Sr., 46, and Jonathan Nelson, 31.
The men are accused of felony assault in connection with a Feb. 10 altercation in Petaluma. Prosecutors have alleged the men are gang members, similar to those in the more common norte?o and sure?o gangs. A gang-participation charge could add 10 more years to a prison sentence.
But so far the case has focused on whether the Hells Angels members' attire in court should be protected under their First Amendment rights to free expression or regulated to safeguard courthouse security.
In their first few court appearances, Guardado, of San Francisco, and Nelson, from Healdsburg, were told by Sheriff's Department court bailiffs that they couldn't enter the courtroom wearing clothing the bailiffs believed to be "gang attire."
The men opposed the move and in May each filed $5 million claims against Sonoma County alleging their constitutional rights to due process and freedom of expression were violated.
On Wednesday, Judge Ken Gnoss ruled that Guardado and Nelson cannot attend court wearing the "Death Head" winged, horned skull that is the group's trademarked logo or red and white clothing that openly promotes the group.
Nelson's attorney, Martin Woods, argued that the attire is protected speech under the state and federal constitutions.
He said a ruling prohibiting the men from wearing their club regalia or certain colors is "over-reaching" and has no basis in law.
Anne Keck, a county attorney representing the Sheriff's Department, argued that the security of the courtroom is paramount and bailiffs should be given the discretion to decide what is appropriate.
Detectives "believe the intent of wearing Hells Angels attire is to threaten or intimidate" others, she said.
Gnoss' ruling steered clear of whether the Hells Angels are a gang as defined by law.
Prosecutors and Keck have referred to them as a "criminal street gang," while their lawyers call them a "motorcycle club." Gnoss pointedly referred to the Hells Angels as a "motorcycle group" in his order, which he said relied on legal codes allowing judges broad discretion in maintaining and enforcing security and decorum in their courtrooms.
"The court believes that the Hells Angels are a recognized and organized motorcycle group that has been around for many years," he said.
He said they have been recognized for some "socially responsible" behavior such as toy drives for needy children, but have also been connected with violent actions. If Guardado and Nelson -- or anyone else associated with the case -- wears objectionable clothes to court, Gnoss said he will hold a hearing to determine what will be allowed.
Police from several agencies earlier this month raided several Hells Angels sites seeking evidence they believe may bolster the assault case. Both men are free on bail, and no charges have been filed in connection with the raids.
The Hells Angels were formed in 1948 and have chapters worldwide. They have been linked to numerous incidences of violence but also conduct activities as a social organization. In Sonoma County, the group hosts an annual Toys for Tots gift drive.
Contact Staff Writer L.A. Carter at 568-5312 or lori.carter@pressdemocrat.com.
http://www.pressdemocrat.com/article/200...NEWS/807170364/
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18.07.2008 08:49 |
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