Judge steers away from motorcycle gang cases

Matt Pordum

Wednesday, May 18, 2005 | 9:31 a.m.

For those looking to escape the strict brand of justice levied by District Judge Donald Mosley, an option has possibly emerged -- hire either Dominic Gentile or Tom Pitaro.

For members of the rival Hells Angels and Mongols motorcycle gangs facing charges in connection to the deadly riot at the 2002 Laughlin River Run, the choice of these attorneys has resulted in Mosley recusing himself from both cases.

Mosley recuses himself from most cases involving Gentile and Pitaro because both defense attorneys have previously served as Mosley's attorney.

Several members of the Hells Angels and Mongols motorcycle gangs are charged with murder in the riot at the 2002 Laughlin River Run that resulted in the deaths of 50-year-old Robert Emmet Tumelty, 27-year-old Jeramie Dean Bell and 43-year-old Anthony Salvador Barrera.

Mosley recused himself from the Hells Angels case on Friday in response to Pitaro substituting in as a Hells Angels attorney on April 29.

Pitaro represents Mosley in an ongoing custody battle between the judge and the mother of his 11-year-old son and represented the judge in 2002 during judicial misconduct hearings before the Nevada Commission on Judicial Discipline.

Even though prosecutors waived any conflict, saying they didn't believe Pitaro's involvement would sway Mosley, Pitaro said Mosley should recuse himself "to avoid the appearance of impropriety."

Although everyone has the constitutional right to hire any attorney they desire, the prosecutors handling both the Mongols and Hells Angels case aren't quick to believe this was simply an exercise of free will.

"We can appreciate the right a defendant has to hire the attorney of their choice, but this seems awfully coincidental," Chief Deputy District Attorney Chris Owens said.

Chief Deputy District Attorney Bill Kephart was more direct in his criticism.

"We know what their (Hells Angels attorneys) game is, they want this to be continued," Kephart said "Unfortunately the person who heard everything involved in this case will never hear the trial.

"I feel he is the best judge to hear this case for both sides because he's the most knowledgeable of the facts of the case."

Pitaro had no response to the prosecutors' statements.

Prior to his recusal, Mosley had been vocal about what he perceived as the Hells Angels' attorneys acting in bad faith and trying to "manufacture a new trial date" through underhanded methods.

Mosley went as far as saying he would request a show cause hearing before Chief District Judge Kathy Hardcastle and a jury to determine whether the defense attorneys were acting improperly. He said if they were found to be acting as such, he would contact the Nevada Bar Association and seek to have the licenses of those attorneys "suspended indefinitely."

Mosley will continue to hold bi-weekly status checks in the Hells Angels case, which is scheduled to begin July 25.

The judge first recused himself from hearing the Mongols' case after Gentile substituted in on April 1 to defend Mongols member Alexander Alcantar. Gentile represented Mosley after the judge fumed over what he said were false and libelous campaign ads and filed a defamation lawsuit against challenger Peter Flangas.

Gentile also represented Mosley during proceedings before the Nevada Judicial Discipline Commission. Mosley was accused of violating 10 judicial canons during three incidents between 1997 and 1999. The judge was ultimately fined and issued strong letters of censure for violations of the judicial code.

For the Mongols, Gentile's entering into the case has given them an prepare their defense because District Judge Michelle Leavitt has since been assigned the case and on Tuesday scheduled a Feb. 7 trial date.

Now that questions regarding Mosley's status have been answered, new questions about who will preside over the Hells Angels case are just beginning to be asked.

The case will now either be heard by a senior judge, randomly reassigned to another District Court judge or be assigned to a judge by Hardcastle.

Bill Gang, spokesman for the Nevada Supreme Court, said no request for a senior judge to preside over the Hells Angels case has been filed with the high court's administrative office as of Tuesday.

While it remains uncertain which judge will hear the Hells Angels case, Leavitt made it clear to the Mongols defense team on Tuesday she will not entertain any excuses for the trial not starting on time.