U.S. v. Bowman, 01-14305.
| Citation | 302 F.3d 1228 |
| Decision Date | 20 August 2002 |
| Docket Number | No. 01-14305.,01-14305. |
| Parties | UNITED STATES of America, Plaintiff-Appellee, v. Harry BOWMAN, a.k.a. Taco, a.k.a. T, Defendant-Appellant. |
| Court | United States Courts of Appeals. United States Court of Appeals (11th Circuit) |
Henry Gonzalez, Gonzalez Legal Services, PA, Tampa, FL, for Defendant-Appellant.
Kathy J.M. Peluso, Asst. U.S. Atty., Tampa, FL, for Plaintiff-Appellee.
Appeal from the United States District Court for the Middle District of Florida.
Before BIRCH and COX, Circuit Judges, and GEORGE*, District Judge.
Harry Joseph Bowman, the international president of the Outlaws Motorcycle Club, was convicted of racketeering, conspiracy to murder, and various drug and firearm offenses. He was sentenced to life in prison. He appeals his convictions, contending that the district court erred by refusing to disclose the juror's names and by refusing to redact the Outlaws' Constitution to eliminate the whites-only membership policy. He also challenges the sufficiency of the evidence. We affirm.
The Outlaws Motorcycle Club was founded at a bar just outside of Chicago in 1935. It has since grown to include 64 chapters in the United States and chapters in eight other countries. The United States is divided into five regions, and each other country is considered a region. Chapter presidents report to their regional president. The regional presidents report to the international president.
Each chapter has a clubhouse. These clubhouses are used for "church meetings," parties, and privacy, and they are usually secured by concrete walls, steel doors, razor wire, guard dogs, and video surveillance.
The Outlaws profess to be "1%ers," or the one-percent of bikers who have rejected societal norms and dedicated their lives to the club. Membership is limited to men who own American-made motorcycles of a particular size, and membership dues are divided between the chapter and the region. A prospective member is first a "hang-around" or associate. He then becomes a probate and, finally, a patched member.
A patched member is entitled to wear a leather or denim vest bearing an Outlaws emblem, called "colors." The patch is surrounded by chapter and club membership information, called "rockers." These emblems are purchased directly from the international president. A patched member is also allowed to attend the weekly church meetings, while associates, probates, and "old ladies" wait outside. After being a member in good standing for a year, an Outlaw may wear a tattoo depicting the Outlaws emblem.
An Outlaw's tattoos can reflect other membership information as well. An Outlaw who commits murder, attempts murder, or explodes a bomb on behalf of the Outlaws is entitled to wear "lightning bolts," a Nazi-style "SS" tattoo. An Outlaw who has spent time in jail may receive an "LL" tattoo, which stands for "Lounge Lizard."
Membership in the Outlaws has its privileges. The Outlaws maintain a list of Lounge Lizards, or incarcerated Outlaws, and collect money on their behalf. Chapters also encourage the Lounge Lizards' "old ladies" and fellow Outlaws to send letters to imprisoned members.
While the Outlaws are allied with the Bandidos, a Southwestern motorcycle club, they have rivalries with several other clubs. Their dislike of Hell's Angels is expressed in their slogans "AHAMD," or "All Hell's Angels Must Die," and "ADIOS," or "Angel's Die in Outlaws States." They also dislike the Pagans and the Warlocks.
The Outlaws collect information on their rivalries with other clubs. They primarily collect newspaper clippings regarding incidents with other clubs. On occasion, though, an Outlaws member will bribe a law enforcement officer to obtain information on the location of a rival club's members. Outlaws also travel, at the club's direction, to the funerals of fellow bikers.
Harry "Taco" Bowman held various administrative positions within the Outlaws Motorcycle Club. He served as a regional president and national vice-president before becoming international president in 1984. Bowman conducted his presidential activities from the Outlaws clubhouse in Detroit, while living in an affluent Detroit suburb, sending his children to private schools, and driving an armor-plated Cadillac. He served as international president for thirteen years, until 1997. As international president, Bowman handled matters large and small, from setting the Outlaws' policies regarding other biker gangs to monitoring the activities of members.
For most of Bowman's presidency, Wayne "Joe Black" Hicks was Bowman's right-hand man. In 1984, during the early part of his presidency, Bowman became concerned that a former Outlaw would reveal the whereabouts of an Outlaw fugitive. To alleviate his concerns, Bowman asked Hicks, then the vice president of the Toledo chapter, to kill the former Outlaw. Hicks was unable to complete this assignment because he failed to locate the former Outlaw. Nevertheless, impressed by Hicks's dedication, Bowman transferred Hicks to Florida so Hicks could help revive the Fort Lauderdale chapter. Hicks eventually became chapter president.
As chapter president, Hicks accompanied "Wild" Bill Pilgrim, Florida's regional president, to national meetings of regional presidents. At these meetings, held every couple of months, the regional presidents discussed chapter membership, the status of Lounge Lizards, the Outlaws' community activities, and the activities of rival clubs. Bowman, as international president, chaired these meetings, and the regional presidents were obligated to seek his permission before taking action against rival clubs.
Hicks became Florida's regional president in 1990. At a meeting with Bowman, Hicks reported that Alan "Greaser" Wolfe, an Outlaw, had testified before a grand jury. Bowman, who distributed Outlaws tee shirts bearing the slogan "snitches are a dying breed," told Hicks to kick Wolfe out of the club and otherwise take care of him. Hicks and another member revoked Wolfe's membership and beat him.
In the early 1990s, the Warlocks, another Florida club, allied with the Hell's Angels and began selling drugs on their behalf. This ignited a war between the Outlaws and the Warlocks. When the Outlaws learned that Raymond "Bear" Chaffin, a former member, was the leader of a Warlocks chapter in Edgewater, Bowman told Hicks to find Chaffin and kill him. Hicks asked Houston Murphy, the Fort Lauderdale president, to recommend an Outlaw who could gather intelligence on Chaffin. Murphy recommended Alex "Dirt" Ankerich, an Outlaws probate. Ankerich traveled to Edgewater and spent the night with Chaffin, who was unaware that Ankerich was affiliated with the Outlaws.
At the next regional presidents meeting, Hicks told Bowman about Ankerich's adventure, and Bowman asked Hicks if Ankerich could be trusted to kill Chaffin. Bowman then asked Ankerich if he was willing to do anything to become an Outlaw and told Ankerich that he could earn some lightning bolts. Ultimately, Ankerich and Murphy were directed to kill Chaffin and given a number to call when the murder was complete. Bowman and Hicks then agreed to present themselves in public to establish an alibi.
Murphy and Ankerich arrived in Edgewater on February 21, 1991. Murphy gave Ankerich a .22 pistol equipped with a silencer and told him to aim for Chaffin's head to facilitate the kill. Ankerich went into Chaffin's garage, shot Chaffin four times in the back of the head, and ran away. Murphy reported the murder to Hicks, and Hicks reported it to Bowman, who, in turn, complimented Hicks on his work. Murphy also told Ankerich that he had earned his patch and lightning bolts. Newspaper articles on Chaffin's murder were mailed to other chapters.
In March 1992, during Daytona Bike Week, Irwin "Hitler" Nissen, a former Outlaws probate, got into a fight with James "Moose" McLean, the president of the Outlaws' Atlanta chapter. Bowman heard about the fight and directed Murphy to bring Nissen to him. Christopher "Slasher" Maiale, another Outlaw, placed a lock on Nissen's motorcycle to prevent him from leaving.
The next morning, Dennis "Dog" Hall, an Outlaw, brought Nissen to Bowman's motel room. Bowman greeted Nissen by punching him in the face. Murphy then held Nissen while Bowman put a knife to Nissen's ear and threatened to kill him if he ever raised his hand against another Outlaws officer. Murphy and Maiale, at Bowman's direction, began beating and kicking Nissen until Bowman told them to get rid of him. Murphy then proceeded to push Nissen off of a three-story balcony, which resulted in severe injuries to Nissen, including a broken ankle.
In 1993, a Florida Outlaws member named Kevin "Turbo" Talley was arrested in Canada while visiting an Outlaws chapter there. Talley was to be deported to Massachusetts, where a warrant for him was outstanding, but Canadian officials first had him sign a statement admitting that the Outlaws were a criminal enterprise. Incensed by Talley's action, Bowman ordered Hicks to bring Talley to Detroit and detain him there. Hicks called Talley in Massachusetts and told him to fly to Detroit. Two Outlaws, "Broda" and "Bolt," met Talley at the Detroit airport. They escorted Talley to the Detroit club-house and locked him inside for several days.
Eventually, Bowman and Hicks arrived in Detroit and met with Talley. They told Talley that they were upset that he signed the statement. After the meeting, Hicks told Bowman that he would handle the problem. Hicks sent Talley to Florida, where Hicks planned to beat up Talley and kick him out of the club. Believing he was in danger, Talley resigned his membership upon his return to Florida.
On New Year's Eve 1993, Bowman called a meeting of all Outlaws at a party in Fort Lauderdale. During the meeting, Bowman announced...
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