Ex-Mongols member’s claim of indigence leaves judge flat

By Matt Pordum

Friday, May 20, 2005 | 11:12 a.m.

A one-time high ranking millionaire member of the Mongols motorcycle gang has been kicked out of the gang, failed to pay his attorney and now plans to defend himself against charges from the deadly 2002 Laughlin River Run riot.

The news of Roger Pinney's finances and legal status came to light after he claimed he was no longer able to afford an attorney and wanted District Judge Michelle Leavitt to appoint a new attorney, Mace Yampolsky, to defend him.

Several members of the Mongols and rival Hells Angels face murder and 72 other charges 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.

Pinney's former attorney, Lisa Rasmussen, said Pinney hadn't paid her since March and that he was indigent and needs a court-appointed attorney.

Leavitt said it wasn't Pinney's place to request the court appoint a particular attorney, or any attorney for that matter. The judge held a hearing on whether Pinney met the indigent standard of the courts and should be represented by a public defender.

Minutes into the hearing it became more than clear that Pinney wasn't poor.

Leavitt sat with eyes wide in disbelief as Rasmussen told her about the two duplexes Pinney owned and rented out in Palms Springs worth roughly $400,000 apiece, co-ownership of the Palms Springs home where he lives worth $350,000 and the $1 million home he owned in Newport Beach as part of a hefty trust left to him by his family.

Pinney also has 75 percent interest in the multimillion-dollar trust fund, while his 21-year-old daughter has the remaining share.

"I don't think you're indigent or that I can appoint a public defender or any other attorney to defend you at the taxpayer's expense," Leavitt said. "You own 75 percent in assets in excess of $1 million."

A source close to the case said Pinney's legal funds became an issue only after he had a falling-out with the Mongols' leadership and was "kicked out of the gang."

The source said a ranking Mongols member named "Doc" and Pinney had differences over the direction of the gang and "Doc kicked him out of the gang." With Pinney no longer a member of the gang he was subsequently not entitled to any of the money from the Mongols' "defense fund" used for this case and others throughout the country.

Rasmussen, however, said Pinney's financial status was in limbo because he had put up $500,000 from the Newport Beach home as collateral for the bond of fellow Mongols defendant Kenneth Dysart.

The defense attorney attempted to blame Dysart's attorney, Chris Oram, for Pinney's alleged financial problems, saying she had written, spoken with and called Oram asking him to "please make other arrangements for his client's bond because it's tying up my client's equity."

Leavitt, however, said it wasn't Oram's responsibility to do anything about it and that "Pinney can go take back the bond and Dysart can be placed into custody."

"I'm not going to sit here and be told you need a taxpayer-funded attorney when I hear you have $500,000 pledged to another defendant's bond," Leavitt said.

Leavitt allowed Rasmussen to withdraw as Pinney's attorney and then ordered Pinney to get back the bond money he posted for Dysart. The judge scheduled a hearing for June 2 at which time she expects Pinney to have the bond issue resolved.

When told of Leavitt's order regarding Dysart's bond, Oram said he would "be going to look to the Mongols for assistance" for Dysart's bail money.

Oram said he was already making calls to secure the $500,000 bail so Dysart would not be placed in custody. He said Dysart is currently gainfully employed and living in Somis, Calif.

The judge asked Pinney if he wanted to respond to her decision and Pinney said "I'm just going to represent myself."

Although Leavitt acknowledged Pinney's constitutional right to represent himself, she urged him to consider hiring a new attorney.

"This is not the kind of case you should represent yourself," Leavitt said.

Chief Deputy District Attorney Bill Kephart agreed with the judge saying "due to the complexities of the case he'd (Pinney) be a fool to represent himself."

"We (Kephart and fellow prosecutor Chris Owens) have to communicate a great deal with the defense attorneys in this case because of the complexities involved," Kephart said. "Communications with Pinney if he defends himself would obviously affect not just his case, but all of the defendants."

Pinney said earlier in court he was unable to continue working as an electrical contractor because of injuries he suffered during the melee at Harrah's Laughlin. He said he was stabbed in the abdomen and back during the brawl and later suffered embolisms.

The Vietnam War veteran said because he was unable to work he was unable to pay his medical insurance, which lapsed and forced him to seek care at a veterans hospital. He said his medical bills ran close to $30,000.

Pinney said he still served as a property manager for his Palms Springs duplexes.

Leavitt pointed out he wasn't legally disabled and that "people lose their business all the time and do other things."

Pinney responded saying "I could work at a McDonald's, I suppose."

Leavitt didn't let up and asked him if he had looked for work at the fast food restaurant to which Pinney said "no."

Rasmussen had tried to have the hearing closed to the media arguing Pinney's financial matters were private and sensitive and shouldn't be made public.

Leavitt disagreed.

"I'm not going to conduct a secret proceeding when we're discussing appointing him an attorney that the taxpayers will pay for," Leavitt said.

Leavitt is set to hear the Mongols trial on Feb. 7, 2006, and District Judge Michael Cherry will hear the Hells Angels case beginning July 25.