Beginning in 1982, I was indicted and prosecuted in back-to-back federal trials based on the same criminal conduct, evidence and witness testimony. The first trial was for what the government called "The Oklahoma drug Transaction."  The second trial was for violating and conspiring to violate the Racketeering Influence and Corrupt Organization (RICO) Act.

In my appeals, I challenged the double prosecutions and sentences.   The courts ruled that Congress intended that a person convicted for criminal conduct in one case could be tried and sentenced for that same conduct a second time under the RICO Act.

CASES

 Case number  82-0019-CR-T- GC:  In March 1982, I was arrested on a five count indictment in the Middle District of Florida, Federal Court, Tampa Division.  This drug case centered around the activities of the Outlaws Motorcycle club, the fact that I was a long-time member who had been the president of different chapters, and was the Florida Regional President at the time of my arrest. The physical evidence presented at trial was my Outlaws patches and four ounces of powdered cocaine.  

I was convicted on three counts (1)conspiracy, (2) possession, and (3)causing interstate travel, but was found not guilty on counts 4 and 5. In September, 1982, I was sentenced to serve maximum consecutive sentences totaling thirty-five (35) years with a Special Parole term of ten (10) years to follow. 

 NOTE: This was an "Old Law" pre 1987 guidelines sentence.  Using the New Sentencing Guidelines, a first-time drug conviction for an unspecified amount of drugs would carry a maximum sentence of 10 years.

 

    Case number 82-101-CR-J-JHM:  In  December 1982, I was again indicted in a two count indictment, but this time in the Middle District of Florida, Jacksonville Division. The indictment alleged I had committed five separate predicate and overt acts involving the same conduct, evidence and witness testimony as in the Tampa drug trial, but, as violations of the RICO Act.

The Court decided on a General verdict form, instructing the jury that they had to find me guilty of any two of those five acts to establish that a RICO violation had been committed.   All Defendants objected and asked for a special verdict form that would require the jury to determine guilt or innocence on each specific crime.

The Court refused, thus allowing a finding of guilt on any two unspecified Predicate or Overt acts, but refusing to put into the record which acts I had been found guilty of, by the jury.  I was convicted and received maximum consecutive sentences of twenty (20) years on each of the two counts, (1) violation of RICO Statutes and (2) conspiracy to violate RICO Statutes for a total of forty (40) years, to run concurrent with the Tampa sentence of 35 years.

PAROLE

Since this was a paroleable sentence under Old Law, I knew I would at least be eligible for a parole hearing in 1992.  I began my efforts almost immediately to educate myself about the law and federal court procedures.  The 1992 hearing resulted in a denial of parole, and a recommendation that I be continued to expiration of my sentences.

   My 1997 hearing, however, turned out to be far more devastating than I could ever imagine.  See the "Parole Board Creates Fictitious Murder" article for details.