Sunday, November 1, 2008
RICO case now in hands of juryBY STAN
FINGER
The Wichita Eagle
The first trial in Kansas charging alleged gang
members with federal racketeering crimes went to the jury Friday
with attorneys acknowledging the case's high profile in closing
arguments.
Shortly before 3 p.m., a jury of eight women and
four men began deliberating the evidence in the case against Tracy
Harris, 34, Clinton Knight, 29, and Chester Randall Jr., 34. The
jury adjourned for the weekend at 5 p.m. and will resume
deliberations Monday.
The three defendants are among 28 people who were
charged with participating in a "pattern of racketeering activity"
that dates to December 1990. The defendants also face a number of
additional charges. The racketeering charge against Randall was
dropped last week.
Wichita police have said the defendants are Crips
gang members.
Harris and Knight are charged under the federal
Racketeer Influenced and Corrupt Organizations Act, or RICO, with
engaging in a pattern of criminal activity to support and strengthen
the Crips.
Defense arguments
Assistant U.S. Attorney Deb Barnett reminded
jurors that they had to agree on only two of five alleged
racketeering acts presented against Harris to convict him of
racketeering.
Similarly, she said, they had to agree on only two
of three racketeering acts alleged against Knight.
She led the jurors through each of the counts,
offering the basis for convictions on each of the charges -- among
them cocaine distribution, possession of a firearm by a felon, wire
fraud and a RICO charge of conspiracy.
But defense attorneys scoffed at the evidence
presented during the trial, and chided the U.S. Attorney's Office
for seeking RICO convictions, which carry up to 20 years in prison
for each count and fines of as much as $250,000.
Kurt Kerns, who represents Harris, called the RICO
portion of the charges a "pit bull foaming at the mouth, rolling
around on the ground" because it has no legs to stand on.
"That dog won't hunt," Kerns said, adding that
prosecutors sought RICO convictions so they would have something to
brag about at parties.
Prosecutors, he argued, are "not even close" to
meeting the burden of proof for convictions.
Harris has conducted legitimate real estate
transactions that have been viewed with the suspicion of an "evil
eye" by investigators, Kerns said.
Interviews with some witnesses were not taped, he
said, and that alone establishes reasonable doubt about their
testimony.
Among those whose interrogations were not recorded
was Trena Ridge, one of the original defendants in the RICO
indictment. He has accepted a plea agreement and testified for the
prosecution, hoping to receive a reduced prison sentence.
Attorneys for all three defendants zeroed in on
Ridge.
Laura Shaneyfelt,
who represents Knight, reminded jurors that Ridge swore to U.S.
District Judge Thomas Marten that the facts stated in his plea
agreement were true -- but later contradicted a portion of it.
In the plea agreement, he acknowledged having sex
with an underage girl, but he denied it during testimony.
James Turner, who represents Randall, repeatedly
referred to Ridge as "Mr. Opportunity" and accused him of
consistently changing his testimony to meet the needs of the
government's case.
"He's facing the rest of his life in prison,"
Turner said of Ridge. "His only way out is to give substantial
assistance to the government."
'The Crips'
Shaneyfelt
hammered the point to the jury that there is no organization known
as "The Crips." Rather, she said, there are numerous subsets of
Crips known by names such as the Deuce-Treys, the Trey-Five-Sevens,
the Neighborhood Crips and the Insane Crips.
Occasionally, she acknowledged, the subsets form
alliances, but they generally operate independently.
A not-guilty plea does not mean the jury condones
gang activity, Shaneyfelt said.
"It simply means the government did not prove its
case," she said.
Barnett, the prosecutor, countered that jurors
have "more than enough evidence" to convict the defendants of every
charge they face.
She reminded them of the answer a Crips gang
member gave when she asked who Crips consider their enemy:
"Everybody."
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