For the past two-and-a-half years, Custer County States Attorney had devoted the vast majority of both her personal and professional life to a single goalâ€”putting Chad Wilson and James Midmore behind bars.
When she and follow prosecutor Mikeâ€ˆMoore came up short of that goal, it ate at her. The disappointment is still evident, and she still replays the trial in her mind.
The woulda, coulda, shouldas are there. Kelleyâ€™s involvement in the prosecution of two Hells Angels members accused of attempted murder for their role in an August 2006 shooting at Legionâ€ˆLake Resort consumed her for a long time.
To some extent, it still does.
â€œIt was incredibly stressful,â€â€ˆshe said. â€œWe spent over two years of our lives embroiled in this case, living it day-in and day-out. Iâ€ˆthink I have dreamt about it every night since Iâ€™ve been back.â€
Plenty of armchair quarterbacks have second guessed the way the case was prosecuted aus der ard mediathek herunterladen. Even more have second guessed whether or not the case should have moved forward at all. It was merely one set of thugs shooting at another set of thugs, they say. Who cares if they kill each other, they say. Lost in that attitude is the understanding of the entire sceneâ€”and the hundreds of innocent bystanders who dove for cover as shots rang out.
And, while not many people will argue that the Outlaws get in trouble for singing in church too loud, Kelley said on that particular day at that particular time, they had done nothing to warrant being shot at. The law applies to everyone. Victims are not defined by tattoos, criminal records or mode of transportation.
â€œJust because your victims are less than desirable, you canâ€™t look the other direction,â€â€ˆshe said.â€ˆâ€œThe laws are there for a reason. It is against the law to try to kill someone.â€
Unlike the jury, Kelley has no doubt Wilson and Midmore are guilty. In addition to the eyewitnesses who gave the same account of the incidentâ€”one in which the truck pulls up and Wilson gets out and starts shooting at Outlaw membersâ€”Kelley said evidence at the scene supports those accounts pdf free windows 7.
These accounts, from eyewitnesses who have nothing to gain from their testimonyâ€”testimony given in the face of dozens of Hells Angels gathered in the Minnehaha County Courthouse during the trialâ€”tell Kelley all she needs to know about who was the aggressor on that fateful day in Custer State Park.
â€œThey (the witnesses) have no reason to lie,â€â€ˆKelley said.â€ˆâ€œPutting the Angels and the Outlaws aside, these people tell me what happened. I have no reason to doubt them.â€
Part of the problem for the prosecution may have been that some of its witnesses were Outlaw members. Kelley said that although many independent eyewitnesses took the stand, some of the jurors may have had a hard time seeing any member of a motorcycle gangâ€”whether they were shot or notâ€”as victims.
â€œWhether you like them or notâ€”and Iâ€™m not saying they are the cream of the crop as far as citizensâ€”in this instance, they were victims,â€ she said.â€ˆâ€œOn another given day, maybe they arenâ€™t. But I canâ€™t deal with what might happen on another day or what might have happened in the past. Iâ€ˆhave to deal with what happened on that day.â€
Kelley may get another chance to prove her theory about the events that went down that day download sdui. Kelley and Moore are still deciding whether or not to proceed with charging Wilson and Midmore with conspiracy to commit murder, a charge the two were initially charged with but which was separated from the rest of the charges against the two by Judge Gene Paul Kean.Â
The judge must first determine if proceeding on that charge would constitute double jeopardy, followed by the prosecution determining whether or not they want to proceed with the case.
â€œWe have expended a lot of money, effort and time,â€â€ˆKelley said.â€ˆâ€œGoing through thatâ€”can we do that again? If we do move forward, I think we have a case.â€
Kelley said Keanâ€™s decision to separate the conspiracy charge from the rest of the chargesâ€”including attempted murder and commission of a felony while in possession of a firearmâ€”actually hurt the stateâ€™s underlying case. It denied the prosecution a chance to have several experts testify on the stateâ€™s behalf, which Kelley believes would have helped the stateâ€™s case.
That wasnâ€™t the only obstacle the prosecution faced during the trail. Twice appeals about evidence in the case went to the Supreme Court level download windows 10 for free. The defense introduced three experts the prosecution werenâ€™t informed of until a week into the trial. Kean also allowed the defense to play an animation of its version of the events to the jury after the state had closed its case. Kelley and Moore got to see the animation only two hours before it was presented to the jury.Â
â€œI donâ€™t know if there was anything we could have done any better,â€â€ˆKelley said.â€ˆâ€œI think our case in chief went exceptionally well. There are things that happen that are beyond your control.â€
Wilson isnâ€™t out of the woods yet, as he is now facing federal charges of being a nonimmigrant alien in possession of a firearm. The federal indictment accuses him of being admitted into the United States under a nonimmigrant visa and unlawfully having several guns. Itâ€™s a charge that couldnâ€™t be brought by the state, and could mean 10 years in prison for Wilson if he is found guilty.
Kelley said if the state moves forward with the conspiracy charge, Wilson will still face the federal charge first. If he is convicted, the state could then request custody of him to prosecute him on the state charge Download avast virus protection for free. Kelley said the federal charges will have no bearing on whether or not the state decides to proceed with the conspiracy charge.
One thing is certain. Kelley, who has been a prosecutor for most of her 12 years as a lawyer, could be a prosecutor for another 120 years and not see another combination of circumstances and atmosphere she saw while leading the prosecution on this case. Even Moore, yet more of a veteran of trial lawâ€”including several high profile casesâ€”commented he had never been involved in a trial of this nature.
Kelley and Moore woke up at 5:30 a.m. each day to begin their work day, often working until 2 a.m. They ate breakfast at the hotel, had lunch delivered to the courthouse and took only an hour break in the evening before starting work again. A security detail was available to take the prosecutors where they needed to go, and their floor at their hotel had 24-hour law enforcement surveillance, complete with cameras that monitored who came and went onto the floor minecraft testversion kostenlos herunterladen.
The Angels were an ever-present force at the trial, turning out in droves for seemingly inconsequential parts of the trial. They even showed up in full force for jury role call, which lasts literally only a minute.
â€œThey had a clear purpose for being there,â€â€ˆKelley said.â€ˆâ€œThey were there to say, â€˜We just want you to know weâ€™re still here.â€™â€
Despite being ubiquitous at the trial, Kelley said she never felt in danger, and was never threatenedâ€”either overtly or covertlyâ€”by any members of the Hells Angels. In fact, she said, one of the members held a door open for her at one point. They did lose their cool when Kelley requested a hearing date to proceed with the conspiracy charge after Wilson and Midmore had just been acquitted of the other charges, letting out an audible groan and some other colorful phrases.
That, however, was nothing compared to the antics of the defense lawyers, who approached the prosecution and told Kelley to â€œbring it on.â€
â€œIt kind of threw me,â€â€ˆKelley said.â€ˆâ€œIt was very unprofessional conduct. It was almost like someone trying to instigate a fight. We just removed ourselves from the courtroom at that point.â€
In talking to jurors about the case afterward, some mentioned concerns about intimidation from Hells Angels, but none would say those concerns played any role in the verdict basecamp routesen. Kelley said jurors told her going into the initial vote, it was a 50-50 split to acquit the two, with three jurors being adamant about their innocence. Over the course of the two-and-a-half days of deliberations, those three jurors broke down the rest of the pool, eventually leading to the not-guilty conclusion.
â€œAt some point they have to come to a decision, or come back with a hung jury,â€â€ˆKelley said. â€œI donâ€™t fault the jurors. Iâ€ˆrespect the decision they made. Thatâ€™s how our system works. Thatâ€™s why itâ€™s there. To understand what goes on in the minds of 12 jurors in a closed-off room and what makes them do what they doâ€”thatâ€™s between them.â€
Along with the claims of self defense, the defense team used what has become known as the â€œLAPD defense,â€â€ˆattacking the crime scene preservation and investigation by Custer County law enforcement officials who arrived on scene.
Kelley said she took offense to that tactic, and to those who try to blame local law enforcement for the acquittal.
â€œFor lack of a better term, I think itâ€™s crap,â€â€ˆshe said.â€ˆâ€œThese individuals were shot, and at least two of them are alive because of what our law enforcement and our EMTs did app herunterladen iphone. Iâ€ˆthink we should be proud of that.â€
Kelley said if officials had approached the crime scene the way the defense felt it should have been approached, two of the victims of the shooting would have died, and Wilson and Midmore would have been facing murder charges. Instead, officials chose saving lives over absolute integrity of the crime scene, something she feels nobody should have to apologize for.
â€œThey took control, made sure there was no more shooting and that no one else at the scene was in danger,â€â€ˆshe said.â€ˆâ€œIâ€™m sure if you talked to the victims, they would be proud of what our resources did. I am proud of them, and I would never fault them for what they did.â€
Kelley said the total price tag of the incident, including the trial, security and incarceration of the two, will cost around $300,000 to $350,000. Fortunately, Custer County is part of the state Countyâ€ˆLegal Expense Relief Plan (CLERP), which helps pay for prosecution of large cases a small county couldnâ€™t pay for by itself. Under CLERP, Custer County pays the first $25,000 of prosecution, followed by 10 percent of anything beyond that. The rest of the money is paid through the pool of counties that participate in CLERP full version for free. The county also will pay smaller expenses, such as Midmore and Wilsonâ€™s medical care while incarcerated, as well as $20 per day while they were incarcerated in Sioux Falls. Moore and his assistant, Jeff Banks, were reimbursed only for out-of-pocket expenses.
Kelly said having the trial in Custer County would have cost the county more money, because of overtime for Custer County Sheriffâ€™s deputies for providing security for the proceedings. In Minnehaha County, the sheriff managed to keep overtime at a minimum by scheduling deputiesâ€™ normal hours as security detail for the trial.
The trial put Kelley through the gamut of emotions, and also put a strain on both her private practice and the stateâ€™s attorneyâ€™s office. Despite it all, including the verdict, Kelley said she is proud the county moved ahead with the prosecution.
â€œWe made a statement that if youâ€™re going to come into Custer County and commit crimes, youâ€™re going to be prosecuted,â€â€ˆshe said. â€œIt sets a bad precedent if you allow these people to just walk out the door because of who they are or the cost youâ€™re going to incur if you pursue this thing.â€
Despite that satisfaction, however, there will always be that seed of disappointment das leben der anderen downloaden.
â€œI still adamantly believe these two are guilty. When you look at the independent witness testimony and supporting evidence we had, it was very clear. If you get lost in the details, then maybe you find a different conclusion,â€â€ˆshe said.â€ˆâ€œThey donâ€™t always turn out favorably. I would love a different verdict. I have to live with what I have. On that day, Chad Wilson and John Midmore were the aggressors. They should be behind bars, and that bothers me.â€