RICO update: Judge to hear request for new trial

U.S. District Judge J. Thomas Marten today set a hearing on the defense motion for a new trial in the racketeering case for five convicted Crips gang members.

The defense has accused jurors of not being impartial in their deliberations. Last week, I talked to the presiding juror, who explained how the jury approached the case for a story published Sunday in the Eagle.

Marten has set a hearing for 9 a.m. June 29 to take up the arguments.

The men were convicted in April of conspiracy under the Racketeer Influence and Corrupt Organizations Act, or RICO. A sixth defendant was acquitted of racketeering charges but convicted of an ammunitions offense.

Back to RICO: juror discusses deliberations

I went on medical leave two months ago, awaiting the verdict of a racketeering trial involving accused members of the Crips street gang. After sitting through the trial for weeks, the verdict came the morning I was having knee surgery.

The jury convicted five of the six men of conspiracy to violate the Racketeer Influenced and Corrupt Organizations Act, also known as RICO. The sixth was convicted on an ammunitions charge.

A case such as this doesn’t stop with the verdict, however. Since the trial, one man has been sentenced to 10 years. Defense lawyers began filing motions asking U.S. District Judge J. Thomas Marten to strike down the verdicts and questioning the deliberations by the jury.

This week, I talked to the presiding juror about those deliberations.

He said the lengthy legal instructions kept them from reaching their verdict for days, but that they carefully considered the charges. (He asked that his name not be used for his safety, because of the gang nature of the trial.)

Here’s what he said about his experience on the jury and the deliberations:

Last week, Marteaus Carter received a 10-year prison sentence. Carter didn’t go to trial. He pleaded guilty in February to one count of conspiracy to violate RICO. He also pleaded guilty to persuaded another adult person to travel in interstate commerce to engage in prostitution.

Other sentencing hearings are set in the coming months.

Meanwhile, I’m back to digging through court files and covering hearings live on Twitter.

As for the knee, I’m still limping but getting better.

The book of RICO: jury instructions of biblical proportations

The 89 pages of jury instructions in the RICO Crips trial had lawyers comparing it to parts of the Bible in today’s closing arguments.

“We have jury instructions longer than the Psalms, except there is no poetry in them,” defense lawyer Paul McCausland said of the jury instructions given Friday by U.S. District Judge J. Thomas Marten.

That was just one of several biblical references by defense lawyers trying to explain complicated charges stemming from RICO, the 1970 Racketeer Influenced and Corrupt Organizations act.

Lengthy legal instructions frequently lose jurors with complex vocabulary, grammar and legal rhetoric, experts say.

“Bad jury instructions aren’t just ignored, they can also actively confuse jurors,” said Anne Reed, a trial lawyer and jury consultant from Milwaukee, in a discussion on Twitter.

While she hadn’t seen the packet for this trial, I asked Reed her definition of “bad” jury instructions.

Frankly most instructions qualify,” she answered.

Dennis C. Elias, a social psychologist who runs a Phoenix jury consulting firm and blogs about juror issues, agreed that jurors don’t always understand complicated instructions.

“Jurors don’t share vocab, context, logic path, or meaning with authors of instructions,” Elias tweeted. “Confusion reigns as result.”

Weather stalls RICO trial

Weather interfered with the continuation of the federal racketeering trial against six accused Crips gang members this morning.

As sleet peppered the windows of the federal courthouse, U.S. District Judge J. Thomas Marten halted the trial and sent jurors home under the threat of more severe winter storms this afternoon.

Marten spent nearly 2 1/2 hours reading 89 pages of legal instructions, upon which jurors will base their deliberations.

With the storm expected to pass this weekend, Marten recessed the trial until 9 a.m. Monday for lawyers to present their closing arguments.

The charges stem from the Racketeer Influenced and Corrupt Organizations Act, known as RICO.

We will continue live courtroom updates Monday, via Twitter.

Jurors to get RICO case Friday

Jurors are expected to begin deliberations Friday in the case of six men charged with running organized crime through the Crips street gang in Wichita.

After U.S. District Judge J. Thomas Marten gives legal instructions and lawyers present closing arguments, the jury will get the case.

Marten gave jurors the day off Thursday, as he worked with the lawyers on finalizing the legal instructions that will guide the jury in reaching its verdict.

Follow live updates on the trial via Twitter.

Recapped: A glossary of gang slang

The Crips trial going on the past couple of weeks has revealed a life within our city where violence visits regularly. Not only are details of testimony about the gang lifestyle foreign to many, so is its language. You don’t need the Urban Dictionary to keep track. I’ve compiled a list, according to witness testimony the past few weeks.

  • OG: original gangster.
  • Jumped in: being beaten up as an initiation to joining a gang. You can also leave a gang by being “jumped out.”
  • Blessed in: being taken into the gang on the word of a current member.
  • Do work: committing crimes, including robberies and drive-by shootings.
  • Rock it up: make powder cocaine into crack cocaine using baking soda and boiling water.
  • Half a bird: 10 ounces of crack.
  • Snow white: cocaine.
  • Greens: marijuana; (syn.) trees.
  • CK and/or BK: Initials for “Crip killer” or “Blood killer” used by members of those rival gangs.
  • Shot caller: A gang member, usually an OG who gives orders to younger members.
  • Spot: a house or apartment run by a gang member for selling drugs and stashing guns and money.
This has caused questioning such as the following exchange between lawyer Carl Maughan and witness Prentice Byrd this week:

Q. You testified about “OG” meaning original gangster. There is also some other terms, right? “BG,” what does that mean?

A. Baby gangster.

Q. That’s baby gangster. “YG?”

A. Young gangster.

(transcribed by Jana Hoelscher, court reporter)

Is there a “code of the streets?” Researchers say yes

While I’m covering a gang racketeering trial, an interesting research report just came out from the Department of Justice.

The “code of the streets” report released today says that neighborhood and community values can play a big role in whether African-American males adopt violent lifestyles.

The report concludes:

“The stress of living in a poor and violent environment can cause young people to adopt the code of the street as a lifestyle guide.”
I’m hearing lots of testimony about the code of the streets in Wichita during testimony this week in federal court.

Federal judge says ‘Twitter is on’

Live coverage of courts in Wichita expanded today, when a federal judge said he will allow me to use Twitter during the trial of six accused gang members.

U.S. District Judge J. Thomas Marten told defense counsel that he would allow me to file live posts, via Twitter, from his Wichita courtroom. Twitter is a micro-blogging social network platform that allows users to file and follow short posts of 140 characters or less.

“Twitter is on,” Marten told the lawyers in a brief hearing this afternoon. Marten said he will allow attorneys to file any objections they have for the record.

Marten is tech-savvy, and led efforts to make sure the renovation of the 1932 federal courthouse in Wichita included updates for a wired environment. The courthouse has wireless Internet connections that allow attorneys to access files back at their offices from the courtroom, for example.

I’ve covered several trials, hearings and other proceedings in state court during the past year. But this will be the first time I’ve been allowed to do it in federal court.

Federal court traditionally has tighter rules. For instance, federal courts do not allow cameras, video or audio recording in the courtroom.

“I don’t see this as prejudicial,” Marten said.

Marten will tell jurors not to view news coverage, including the posts on Twitter, which also feed into this blog and accompany related stories on Kansas.com.

Bloggers covered the federal trial of Scooter Libby in Washingon D.C., filing “live updates” while sitting in an adjacent press room in 2007.

A federal judge in Sioux City, Iowa allowed a reporter for the Cedar Rapids, Gazette to live blog a tax fraud trial last year.

Accused Crips member gets separate trial

Jason Tisdale is charged with being a hit man for the Crips street gang, and federal prosecutors are seeking the death penalty. Today, Tisdale, 28, received a trial separate from the 18 other defendants with whom he was originally indicted.

U.S. District Judge J. Thomas Marten signed an order setting Tisdale’s new trial date for June 9, 2009.

A grand jury charged Tisdale with killing three people, two in 1998 and another in 2004. Prosecutors say Tisdale shot Tisha Jones and Keith James in February 1998. Police have said Jones was scheduled to testify in a robbery against a Crips gang member. Authorities also say Tisdale shot and killed Umanah Smith in August 2004 over what police at the time said resulted from a nightclub dispute.

The other defendants are set for trial next February.

Murder trial just the start for Novotny

No matter how his murder trial turns out, Steven Novotny’s legal troubles may be just beginning.

Novotny also is named in a federal racketeering indictment prosecutors say targets the Crips street gang. In that case, Novotny is accused of threatening a man with a gun in 2004 and distributing drugs for the Crips.

Jurors didn’t hear evidence of gang relations during the murder trial.