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Timothy Alan Lobretto v. D. K. Sisto

February 12, 2013


The opinion of the court was delivered by: Jennifer L. Thurston United States Magistrate Judge


Petitioner is a state prisoner proceeding through counsel with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. (Doc. 1).


Petitioner is in custody of the California Department of Corrections and Rehabilitation ("CDCR") serving a determinate sentence of 23 years, 8 months, pursuant to a judgment of the Superior Court of California, County of Kings (the "Superior Court"), as a result of Petitioner's 2004 convictions for (1) two counts of false imprisonment effected without violence or menace (Cal. Pen. Code § 236); (2) three counts of second degree robbery (Cal. Pen. Code § 211); (3) one count of second degree burglary (Cal. Pen. Code § 459); (4) one count of assault by means likely to produce great bodily injury (Cal. Pen. Code § 245(a)(1); and (5) one count of assault (Cal. Pen. Code § 240). (Doc. 14, pp. 2-3).

On November 30, 2004, Petitioner filed a direct appeal to the California Court of Appeals, Fifth Appellate District (the "5th DCA"), which was denied in an unpublished opinion on June 23, 3 2006. (Id., p. 3). Petitioner filed a Petition for Review in the California Supreme Court which was 4 denied on October 18, 2006. (Id.). 5

The instant petition was filed on January 15, 2008. (Doc. 1). On February 28, 2008, Petitioner 6 filed a motion to stay the proceedings in order to exhaust additional state court claims. (Doc. 8). On 7 July 24, 2008, the Court granted Petitioner's motion for stay, and ordered Petitioner's counsel to file 8 regular status reports regarding the exhaustion efforts. (Doc. 9). On January 14, 2010, the Court 9 issued an Order to Show Cause why the stay should not be lifted in light of the fact that Petitioner had failed to file any status reports. (Doc. 11). On February 8, 2010, Petitioner's counsel filed a response indicating that Petitioner would file an amended petition withdrawing the unexhausted claims. (Doc. 12). On March 5, 2010, the Court ordered the stay lifted, and directed Petitioner to file an amended petition containing only exhausted claims within thirty days. (Doc. 13). On April 2, 2010, Petitioner filed the amended petition. (Doc. 14). On April 21, 2010, the Court ordered Respondent to file a response to the amended petition. (Doc. 16). On July 15, 2010, Respondent filed the Answer and lodged the state court record with the Court. (Doc. 23). On November 1, 2010, Petitioner filed a Traverse. (Doc. 29).

Respondent concedes that all grounds for relief in the amended petition appear to have been fully exhausted. (Doc. 23, p. 7).


The Court adopts the Statement of Facts in the 5th DCA's unpublished decision:

A. Background and Facts Relating to the Crimes

Defendant was an avid motorcycle enthusiast. In December of 1998, defendant approached others about forming an organized club. Defendant and others met at defendant's house and five of them agreed to form a new club, the Exiled Motorcycle Club (Exiled).

The members consisted of defendant, Paul Goonan, Richard Whitlock, Frank McDaniel, and Wes Seruntine. They designed a patch for the club using shades of orange and gray to align themselves with the red and white colors of the Hell's Angels Motorcycle Club (Hell's Angels). They designated the following March 15 as the birth date of their club, March 15 also being the celebrated birth date of the Hell's Angels.

Exiled held weekly meetings and collected dues. The group found a clubhouse location and fixed it up. Some members brought personal property to the club. When property was brought 2 to the club, the individual would let the members know if the property was to remain personal property or was to become club property. Donated property was treated as club property, while 3 lent property remained the personal property of the lender. Some property was purchased with club dues, for example the security system. Members always had the opportunity to come back and reclaim their personal property from the clubhouse. Andy Randazzo, Mark Craver, and others became members of the club. The members of the club wanted to be looked upon as a decent motorcycle club and did not want to get involved in illegal activities.

Exiled associated with Scream City Motorcycle Club in Fresno. Scream City eventually became the Fresno County chapter of Hell's Angels. Exiled members wore patches to indicate their affiliation and support for the Fresno Hell's Angels. Exiled was mentored by the Fresno Hell's Angels and received information to train them and align them with the established ways of the Hell's Angels. Exiled members would assist at Hell's Angels functions doing "flunky" work.

The Mongols Motorcycle Club is a rival to the Hell's Angels. The Exiled clubhouse was in Mongols territory. It was a subject of concern that Exiled members had to drive through Mongols territory when they traveled to and from their homes to the clubhouse.

In September 2000, Paul Goonan was deployed by the Navy on a cruise, at which time defendant and Craver left Exiled to instead associate with the Fresno chapter of the Hell's Angels. Before Goonan left on his cruise, he said something offensive to Cydnie Newsome, defendant's girlfriend, at the clubhouse. He said he loved her; he then grabbed her and kissed her. While she was trying to get away, they were interrupted and Goonan left the area. While Goonan was on his cruise with the Navy, he called Newsome and told her he was thinking about her. Cydnie handed the telephone to defendant. During Goonan's birthday party in February of 2001, Goonan verbalized that he wanted to perform a certain sexual act with Newsome.

In February of 2001 there was rising tension between the Hell's Angels and the Mongols motorcycle club in other parts of California. There was a concern that the Exiled clubhouse might be taken over by the Mongols because it was in their territory, or the Mongols might exact some kind of retaliation on Exiled. Exiled was instructed by Hell's Angels that if they had firearms they should always carry them and if they were going to ride anywhere they should do so in groups of two. Defendant was present during these discussions.

On February 24, 2001, Goonan spent the night at the Exiled clubhouse with his girlfriend, Angela Clark, and his son. On the morning of February 25, 2001, others arrived at the clubhouse, including defendant and Brian Wendt, sergeant of arms of the Fresno Hell's Angels. Defendant entered the clubhouse and took a shotgun, rolled it in a sheet and handed it to Wendt, who removed it from the clubhouse. Wendt also asked for the telephone list for the Fresno chapter of Hell's Angels. Wendt took the list and left with others, including Exiled members Wes Seruntine and Dave Wilson.

Seruntine and Wilson returned and told Goonan they had been instructed to burn any documentation in the clubhouse that had any ties to the Hell's Angels. They lit a fire and started to go through the paperwork in the clubhouse. Goonan objected. He called Randazzo, and Randazzo came to the clubhouse. Randazzo was very upset because they were burning some of his personal paperwork along with the paperwork affiliated with the Hell's Angels.

Things got heated and different individuals grabbed weapons. Randazzo had a gun and told everyone to shut up. Seruntine and Wilson surrendered their Exiled patches because they wanted to affiliate with Hell's Angels and not Exiled.

On March 2, 2001, Goonan accepted an invitation to come to the clubhouse of the San Diego chapter of the Hell's Angels. There was an altercation at the clubhouse. While at the San Diego clubhouse, Goonan and a person named Perez had a discussion regarding a woman both Goonan and Perez had dated.

On March 3, 2001, Goonan went to a party held by the Fresno Hell's Angels. He went to show them their (Exiled) ranks had not changed and they were still supporting the Fresno Hell's Angels. Wendt questioned Goonan about his trip to San Diego. Members of the Hell's Angels instructed Goonan that they wanted to have a meeting with Exiled at their clubhouse on March 4th.

On March 4, 2001, Goonan, Randazzo, and two other Exiled members were present at the clubhouse. Eight members of the Fresno chapter of the Hell's Angels arrived in four or five trucks at noontime. Defendant was one of the eight individuals who arrived at the clubhouse. Goonan went outside and met the group. Craver locked the gate of the fence surrounding the clubhouse. The eight individuals were all dressed in Hell's Angels attire. They entered the clubhouse. Defendant unplugged the telephones in the clubhouse and told all of the Exiled members to turn off any communication devices and pile them on the bar.

The Exiled members were told by the Hell's Angels that Exiled was no longer a club. The membership numbers were too low and they were not in a position to defend themselves. Exiled was told that their club was being dissolved for their own good and their own safety from the Mongols. The Exiled members were told to remove their patches from their clothing. Goonan was angry and told them they did not have the right to do this. They responded they did not care, they were shutting them down.

The Hell's Angels began removing items from the clubhouse and took them out to their trucks. The group took stereos, security equipment, compact discs, flashlights, a microphone, kitchen equipment, alcohol, memorabilia, and other items with a total value in excess of $2,000. Goonan and Randazzo objected to the takings, but the Hell's Angels did not care about their objections. They did not try to stop the Hell's Angels from removing items because they did not want a conflict. Randazzo spoke up when they tried to remove the big screen television because he had paid for that with his personal funds. The Hell's Angels left the television, as well as a few other things, in the clubhouse. The Hell's Angels were at the clubhouse about two hours. Exiled members did not call the police because they were afraid of retribution. They were told they could keep the clubhouse open but not as a motorcycle club. Defendant was one of the individuals removing items from the clubhouse.

After the March 4, 2001 incident Goonan, his girlfriend Clark, and others fixed up the clubhouse. They restocked the bar and bought decorative items with their own money. In addition, they installed a new security system they had ordered but not received prior to the March 4, 2001 incident.

Goonan and others decided they would have their usual open house type of event on March 8, 6 2001 at the clubhouse. The clubhouse now had a generic motorcycle type of atmosphere without showing any support for any particular club.

On the evening of March 8, 2001, several people met at defendant's house. They took three vehicles to go to the clubhouse and remove property. There were no weapons carried by the 9 group, but Cydnie Newsom (defendant's girlfriend) knew it was possible violence would be involved in the evening's events.

Goonan, Clark, Randazzo, Kim Hake and her boyfriend Bob Clay were at the clubhouse on the evening of March 8, 2001. Goonan and Clark were looking at the new security monitor in the clubhouse when they saw a group of trucks pull up quickly and park in the back of the clubhouse. Goonan ran outside and could tell the situation was hostile. He then ran inside the office, told Randazzo what was going on, and ran behind the bar.

Twelve individuals entered the clubhouse: Wes Seruntine and his wife Andrea, Terry Wilson, Cydnie Newsome, Mark Craver, David Wilson, Timothy Ogawa, Brian Wendt, Tim Farrell, Tommy Tracy, Jacob Cannegieter, and defendant. Defendant was one of the first people in the door. He came behind the bar and shoved Goonan out of the way. Defendant had shoved Goonan away from the place where a gun was kept under the bar. Defendant told Hake and Clay to leave. They left.

Newsome turned off the monitor for the security camera; she then went around the bar and grabbed the telephone. Cannegieter went around the clubhouse and closed all of the blinds. Tim Farpella secured all of the doors. Ogawa secured the front door and then stood in front of it.

When defendant first spoke to Goonan, he commented on the sexual comments that Goonan had made about his girlfriend, Newsome. As defendant screamed at Goonan, Craver started screaming at Randazzo. Several people were holding Randazzo against the wall. Craver hit him several times, as did others. Wilson ran from across the room at full speed and hit the top of Randazzo's head with both hands, like a pile driver, splitting his head open and temporarily knocking him out. The attackers removed Randazzo's gun from his pocket.

Clark saw two or three guns on the pool table during the altercation; one of the guns was disassembled. Newsome said there were "maybe" three guns inside the clubhouse on the pool table. One gun was from Goonan, one from Randazzo, and Newsome did not know where the other gun came from.

While Craver and others were beating Randazzo, defendant hit Goonan in the face five or six times. Goonan fell to the floor and tried to cover up. Seruntine and Cannegieter picked Goonan 2 up while defendant was kicking him in the face. Seruntine also punched Goonan, who was now unconscious, while defendant held him. 3 4 While Randazzo and Goonan were being beaten, Clark was cornered by the women to keep her from helping Goonan. When the beating was finished, defendant had blood all over his hands 5 and arms. He asked Clark if he needed to get an AIDS test. She said no. Defendant went into the bathroom and washed off the blood. Clark was granted permission by defendant to help 6 Goonan.

Defendant gave Randazzo a rag so Randazzo could wipe the blood off of his face so he could 8 see better to open the safe. Randazzo opened the safe and the group took all of the money out of it, estimated to be about $200. The group took the keys to the clubhouse, the liquor, the 9 food, and other items. Defendant allowed Randazzo to keep some personal items.

Craver or defendant instructed Randazzo to change the title on the lease and to turn the clubhouse over to a motorcycle club named the Soldiers for Jesus.

Goonan was in bad shape. He was helped off the floor to Clark's car. Clark was told to walk to her car; five people including defendant walked behind her to the car. Defendant told Cannegieter to guard Clark until they were ready to let her leave; he held onto her car keys. Goonan suffered lapses of consciousness. Defendant told Clark to nurse Goonan back to health. Defendant told Clark she should not go to the police or tell anyone what happened because she knew who defendant was and who he represented. Defendant told her they would find her no matter where she was and they would finish what they started.

Defendant told Randazzo that if they went to the hospital or anything like that they would kill them. Defendant said, "you know who we are, we're everywhere, you know we'll find you, we'll kill you" or something along those lines.

Clark was allowed to leave. She drove, with Goonan in the car, to her apartment. She waited 40 minutes then she drove to Randazzo's house. She wanted to get a story straight with Randazzo before she went to the hospital. Randazzo was "busted up" but did not want to seek medical attention. They decided to say that Goonan had been jumped. She took Goonan to the hospital.

Goonan sustained trauma to his face. He had a tripod fracture of his right cheek and another fracture of a bone in his face. The injury was significant and required surgical repair. His face was put back together and fixed with two titanium plates and several screws. Goonan continued to suffer from hearing loss, a crushed nasal passage, and a loss of feeling to the right side of his face.

B. Events Occurring After the Crimes

Initially Goonan and Clark lied to the police about what happened because they feared retaliation. They eventually came forward and related what happened.

On April 18, 2001, law enforcement wired Randazzo with a transmitter. He had a conversation with defendant about the March 8, 2001 incident. The audiotape revealed their discussing that defendant had a personal problem with Goonan. Defendant discussed that he was upset at the way things were happening at Exiled. Defendant also mentioned that there was a fear that the Mongols would take over the clubhouse and the incident was a "check."

On May 19, 2001, a field supervisor for the gang task force attended a motorcycle run in 5 Selma. Jeffrey Morales was there in a Fresno Hell's Angels vest. He was with Craver and Ogawa. Craver and Ogawa were wearing "prospect" clothing, indicating they were not yet full 6 fledged members of the Hell's Angels, but were considered prospects.

In July of 2001, law enforcement served search warrants and searched the homes of some of the participants in the March 2001 incidents, the Fresno Hell's Angels clubhouse, as well as the homes of some individuals believed to be members of the Fresno Hell's Angels.

A search at the home of Cannegieter produced a motorcycle with Hell's Angels emblems, a helmet with Hell's Angels stickers on it, a Hell's Angels jacket, a Hell's Angels vest, and other items.

At the home of Ogawa, officers found a Hell's Angels jacket, numerous weapons, telephone lists for various clubhouses, a body armor vest, and other Hell's-Angels-related items.

David Wendt's residence was also searched. Officers found documents related to the Hell's Angels, as well as Hell's Angels clothing. Weapons were also found in the home.

At the home of Wes and Andrea Seruntine, officers found a Hell's Angels vest, tee-shirt, hat, and a book.

George Tristan's home contained numerous items linking him to the Hell's Angels. In addition, a loaded shotgun and a knife were found in his home.

A Hell's Angels vest with Fresno patches and motorcycle items were found in the home of Henry Garcia.

The home of Bob Davis was searched. It contained photographs of Davis in Hell's Angels clothing and one picture showed him exhibiting several firearms.

Mark Craver's home was searched. It contained a vest with a patch indicating that Craver was a prospect with the Hell's Angels. It contained other Hell's Angels material as well as numerous weapons. All of the weapons were legal except the butterfly knife.

Officers served a search warrant at defendant's home on July 11, 2001. Defendant expressed anger at the officers who were pounding on his door. He refused to come out and/or follow orders. Defendant was forced to the floor. He was kicking and trying to get away. Defendant told the officers they were making a big mistake and did not know who they were messing with.

At defendant's home officers found a Hell's Angels jacket with patches indicating that defendant was a prospect with Fresno County chapter of the Hell's Angels. In addition, officers 2 found a telephone list of various chapters, as well as other Hell's Angels telephone lists. Several guns were found in the bedroom with several boxes of ammunition. The guns were not 3 seized because they were not stolen or otherwise illegal.

The clubhouse of the Fresno chapter of the Hell's Angels was searched. The main building 5 contained a pool table, full bar, kitchen area, big screen television and a lot of Hell's Angels memorabilia. The clubhouse contained Hell's Angels signs, documents, books, and 6 photographs. In addition, multiple guns and ammunition were found. Surveillance cameras and a cardboard box with a shipping label were found in the Hell's Angels clubhouse. Randazzo identified these items as having come from the Exiled clubhouse.

Jeffrey Morales testified at trial that he was currently a member of the Hell's Angels Fresno chapter. Morales pleaded guilty in 1990 to one count of conspiracy to manufacture and distribute methamphetamine. At the time of this conviction he was a member of the Haites Riders motorcycle club. He testified that he believed that Mike Lynch, Henry Garcia, Bob Davis, Brian Wendt, David Wendt, George Tristan, and Timothy Ogawa were either Hell's Angels or had been Hell's Angels. Morales did not know the status of defendant or Craver because he was not around at that time.

C. Evidence Regarding Hell's Angels Organization

The Hell's Angels began in 1948 in San Bernardino. The club grew and there are now chapters throughout the United States, Canada, Western Europe, South America, Africa, Spain, Portugal, and New Zealand. The Hell's Angels are extremely territorial, along county lines. The current rival of the Hell's Angels is the Mongols.

Usually clubs are divided by county into chapters. Each chapter must have at least four members, although six are normally required. Membership can be in excess of 30 members. Each chapter has a president, vice president, sergeant at arms, secretary, treasurer, and oftentimes a trademark or copyright representative to enforce issues involving the insignia. The sergeant at arms collects intelligence about their members and others.

In the organizational structure of the United States above the chapters, there are West Coast Officers' Association and East Coast Officers' Association; they meet once a month. After each meeting, the officers fax information to the other areas to let them know what is going on worldwide. The meetings are attended by at least one representative from every chapter. Events usually occur immediately before or after meetings. They spend a lot of time at the meeting discussing how to profit from the Hell's Angels insignia yet still protect its use in certain instances strictly for use by the Hell's Angels. At other times meeting conversations are criminally related. The weekly meetings held by each Hell's Angels chapter are referred to as "church."

The Hell's Angels also have a world meeting. At least two representatives from every country must be at the world meetings. World officers' meetings are held two times per year.

In order to become a Hell's Angel, one must first be in the "one percenter" motorcycle community and start associating with Hell's Angels. At this point, the individual becomes an associate. At the next level an individual is sponsored by a full member to become a hang-around. The individual then becomes a prospect, which requires a unanimous vote of the chapter. A unanimous vote is also required to become a full chapter member. The same types of rules apply to a motorcycle club wanting to become a chapter of Hell's Angels.

The Hell's Angels claim red and white as their colors and no other group can wear that color. Outlaw Motorcycle clubs wear a three piece patch and also a "1%" patch. A full member of Hell's Angels wears a three-piece patch. The top rocker of the patch says "Hell's Angels." The middle patch is the death head and the bottom rocker patch indicates the particular chapter of the member. A full patch member is a full member who may wear all three portions of the patch. In addition, only a full patch member may have a death head as a tattoo. Only full-fledged members can hug each other and give taps on the back.

In addition to the full patch and 1% patch, some Hell's Angels earn a "Filthy Few" patch. A Filthy Few patch can be earned by killing or assaulting someone for the benefit of the club. Filthy Few patches have more than one meaning, depending on the look of the patch. A Filthy Few patch with black lettering, a black border and double ss lightening bolts between the words "filthy" and "few" means that individual has committed murder.

As an individual moves up the membership ranks he is constantly tested. For example, if a full member vomits a prospect is expected to clean it up. Individuals are tested in other ways. It involves any kind of "taking care of business." (Hell's Angels often wear a patch that says "TCB" and that stands for "Taking Care of Business.") Taking care of business can range from being capable of violence, knowing how to fight, being able to manufacture methamphetamine, or having a good connection for drugs or guns.

Being a Hell's Angel requires loyalty to the Hell's Angels above loyalty to family or anything else. The ability to carry out violence and instill fear in others assists in rising in the ranks of the Hell's Angels.

The sergeant of arms keeps things under control and if violence is necessary he is in charge of organizing that. He also maintains intelligence on informants and narcotics officers. Common among all outlaw motorcycle gangs is hostility toward law enforcement.

The Hell's Angels have some common sayings and rules. For example, one of their sayings is that three people can keep a secret when two are dead. One of their rules is the "Rule of Three." The Rule of Three is demonstrated by the following example: If a Hell's Angel chapter wants to take control of a bar to sell drugs, the first time they go to the bar seeking control they are nice. If they are refused, they go in a second time wearing their patches and try to intimidate the owner of the bar and all the clients. If the owner still refuses to cooperate, then their third action would be something bad like beating the owner or burning down the bar.

D. Criminal Convictions and Activities of Hell's Angels Members

Numerous law enforcement officials testified regarding particular criminal incidents involving members of the Hell's Angels and many testified regarding criminal convictions of members of the Hell's Angels. We set forth the most egregious incidents in this discussion.

Renato Gianinni, a retired police officer from San Bernardino, testified about an incident he witnessed in 1997. During the incident, a citizen drove by a Hell's Angels party and accidentally bumped one of the motorcycles. Members left the clubhouse and beat up the driver while an 11- or 12-year-old child was on the floorboard of the vehicle. This incident was caught on videotape and the tape was played for the jury.

Jason Smith, a police officer for New Market, New Hampshire Police Department, was working the Laconia Motorcycle Week in New Hampshire in 1998. Sergeant Moyer of the police department yelled out that there was a fight when he saw a group of Hell's Angels chasing a male into the roadway. The intervention by police officers was at first unsuccessful as the Hell's Angels kicked, punched, pepper sprayed, and hit the responding officers with bottles and a police baton. Officer Smith gave a detailed account of this encounter and numerous photos of the incident were admitted into evidence.

Jaques Morin, a Royal Canadian Mounted Police Officer and a member of the International Outlaw Motorcycle Gang Investigators Association, testified regarding the Hell's Angels in general and their activities in Canada. He testified that one of the primary revenue making activities for the Hell's Angels is drug trafficking. Murder is one of the main things they participate in during territorial disputes. From drug trafficking, to murders, to controlling the sex parlors, any offense in the criminal courts and the Hell's Angels are involved in it.

Morin introduced Canadian criminal documents for Maurice Boucher, who started the drug war in 1995 against the Rock Machine. Boucher was convicted of two murders and one attempted murder for his activities. Morin testified that during the Hell's Angels drug war with the Rock Machine over 165 people were killed, and 261 arsons occurred. One hundred thirty-five Hell's Angels were arrested.

Morin testified about a drug raid in Canada where they seized over $6,000,000 in cash. Fifty people were found guilty and they were Hell's Angels or associated with the Hell's Angels. Timothy McKinley, a former Federal Bureau of Investigations agent, testified about Hell's Angels and particular incidents of criminal activity involving Hell's Angels. He testified regarding a Hell's Angels member in Merced with a unique fighting skill. He would place his left hand on the side of his victim's skull and strike a vicious right hook, crushing the skull and killing the victim with one blow. His sweatshirt read "Right Hook New Look."

McKinley also testified regarding the 1978 Compton murders by the Hell's Angels. Margo Compton had been a prostitute for the then president of the California Nomad chapter of the Hell's Angels. An associate, Flash Gordon, also a Hell's Angel, was operating a massage parlor called the Love Nest. Margo was one of the masseuses at the Love Nest. In order to keep her in line, they kidnapped her twin four-year-old daughters and held them to ensure that Margo continued to prostitute. She eventually went to the police department. After she testified at the preliminary hearing, people broke into her residence and killed the person on the couch assigned to guarding her. Her now six-year-old girls fled to the bedroom and covered their heads with a pillow. The triggerman lifted the pillow to see where their heads were, put the pillow back down and shot them. Then they killed their mother, Margo.

McKinley testified about the murder of William Ivan Grendolski. Grendolski left the Hell's 3 Angels. It was reported that he was in bad standing, and the Hell's Angels were looking for him. He, his wife, his 17-year-old stepson, and his five-year-old daughter were murdered. It took 13 years and three trials to convict one of the two perpetrators and took 18 years to 4 5 convict the other perpetrator. The individuals convicted of the murders were connected to the Hell's Angels.

McKinley testified about a judge in Ohio who issued a directed verdict in favor of a Hell's Angels in a murder case. The judge had been given a bribe. He was convicted of the bribe and died shortly thereafter in custody.

The prior convictions of Hell's Angels included: (1) solicitation of murder (David Winn, San Bernardino, California), (2) for conspiracy to commit racketeering and conspiracy to murder (Guy Castiglione, current president of San Diego chapter), (3) two counts of felony witness intimidation in 1984 (Ronald Liquori, San Diego), (4) burglary in 2000 (Billy Castellano, San Diego), (5) burglary and assault with force likely to cause great bodily injury in 2001 (Thomas Castiglione, San Diego), (6) assault and possession of cocaine in 2002 (Chris Yvonne, San Diego), (7) conspiracy to sell drugs (George Christie, Ventura), (8) conspiracy to sell or transport methamphetamine in 2000 and 2001 (Timothy Giradins, Ventura), (9) felony assault in 2000 (Sabin Reynosa, Ventura), (10) assault with a deadly weapon in 2000 (Michael Kapps, Ventura), (11) transportation of methamphetamine, conspiracy to possess methamphetamine and possession of methamphetamine in 2001 (Edward Gregory, Ventura), (12) numerous drug and weapons charges (Robert Hill, Ventura), (13) murder in 1994 (Thomas Health, Ventura), (14) possession of a controlled substance for sale and simple possession of methamphetamine (Jimmy Shankles, Ventura), (15) manufacturing methamphetamine in 1997 (James Elrite, president of the San Jose chapter), (16) conspiracy to distribute methamphetamine and aiding and abetting possession with intent to distribute methamphetamine in 1996 (Carl Serrano, San Jose), (17) possession of methamphetamine in 1996 (Gary Foster, who became a Hell's Angel in the Monterey chapter in 1997), (18) narcotics trafficking in 2001 (Rusty Coomes, president of the Orange County Hell's Angels), (19) possession of methamphetamine for sale (Robert Downey, Orange County), and (20)conspiracy to distribute methamphetamine (Timothy Dover and Arthur Carasis, Richmond).

E. Criminal Street Gang Expert Opinion

Javier Gil-Blanco, a former San Jose police officer, testified that one of the primary activities of the Hell's Angels is criminal activity. He described the structural organization of the Hell's Angels and also described the tattoos that identify members of the Hell's Angels. It was his opinion that the Hell's Angels are a criminal street gang.

Thomas McKinley testified that one of the primary activities of the Hell's Angels is criminal activity, including assault with a deadly weapon, assault with force likely to cause great bodily injury, homicide, attempted homicide, illegal drug activity, witness intimidation, ...

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