United States v. Harry Bowman

Citations: 302 F.3d 1228; 2002 WL 1905955Docket: 01-14305

Court: Court of Appeals for the Eleventh Circuit; August 20, 2002; Federal Appellate Court

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Harry Joseph Bowman, the international president of the Outlaws Motorcycle Club, was convicted on multiple charges including racketeering, conspiracy to murder, and various drug and firearm offenses, leading to a life sentence. He appeals his convictions, arguing that the district court wrongly denied requests to disclose jurors' names and to redact the club's Constitution regarding its whites-only membership policy. Additionally, he challenges the sufficiency of the evidence against him. The court affirms the lower court's decision.

The Outlaws Motorcycle Club, established in 1935, has expanded to 64 chapters across the U.S. and internationally. It operates under a hierarchical structure with chapter presidents reporting to regional and international presidents. Membership is restricted to men with specific American-made motorcycles, and the initiation process includes stages from 'hang-around' to 'patched member,' who can display the club's emblem. The club emphasizes exclusivity and loyalty, with members earning tattoos symbolizing their status and actions, including violent acts representing commitment to the club. The Outlaws maintain communication with incarcerated members and have rivalries with other motorcycle clubs, notably the Hell’s Angels, expressing their disdain through slogans and information collection on these rivalries.

Harry 'Taco' Bowman, who held various administrative roles in the Outlaws Motorcycle Club, served as international president from 1984 to 1997. Conducting his duties from the Detroit clubhouse while living in a wealthy suburb, he managed club policies and member activities. His deputy, Wayne 'Joe Black' Hicks, assisted him throughout most of this tenure. Early in Bowman's presidency, he directed Hicks to eliminate a former Outlaw to prevent potential leaks about a fugitive, but the assignment was unsuccessful. Despite this, Hicks was promoted to help revive the Fort Lauderdale chapter and later became Florida's regional president in 1990.

Tensions escalated with the Warlocks, who allied with the Hell's Angels and began drug trafficking. Upon learning that Raymond 'Bear' Chaffin, a former member, was leading a Warlocks chapter, Bowman ordered Hicks to kill him. Hicks enlisted Alex 'Dirt' Ankerich, an Outlaws probate, to gather intelligence on Chaffin, who was unaware of Ankerich's affiliation. After confirming Ankerich's loyalty, Bowman and Hicks directed him and Murphy to carry out the murder. On February 21, 1991, Ankerich shot Chaffin four times in the head and fled. Following the murder, Hicks informed Bowman, who praised him for the successful execution, while Ankerich was rewarded with his club patch and lightning bolts. News articles about Chaffin’s murder were circulated to other chapters.

In March 1992, during Daytona Bike Week, Irwin 'Hitler' Nissen, a former member of the Outlaws motorcycle club, was kidnapped following a fight with James 'Moose' McLean, the Atlanta chapter president. Bowman instructed Murphy to bring Nissen to him, while Christopher 'Slasher' Maiale secured Nissen’s motorcycle to prevent his escape. The next day, Dennis 'Dog' Hall brought Nissen to Bowman, who assaulted him and threatened him with a knife. Murphy and Maiale, following Bowman’s orders, physically attacked Nissen until Bowman directed them to dispose of him. Ultimately, Murphy pushed Nissen off a three-story balcony, causing severe injuries, including a broken ankle.

In 1993, Kevin 'Turbo' Talley, an Outlaws member arrested in Canada, was brought to Detroit by Hicks after he signed a statement labeling the Outlaws as a criminal enterprise. Talley was detained at the Detroit clubhouse for several days until Bowman and Hicks confronted him about his statement. Hicks later planned to beat Talley and expel him from the club, leading Talley to resign upon returning to Florida.

On New Year’s Eve 1993, Bowman announced an escalation of hostilities against the Hell’s Angels and their supporters for 1994. This led to increased attacks on rival clubs, highlighted by the War Wagon Incident in June 1994, where the Outlaws prepared to attack the Invaders at a local speedway, suspecting their ties to the Hell’s Angels. The Outlaws used a modified vehicle equipped with weapons, but the attack did not occur as the Invaders did not show up, and the vehicle was subsequently stopped by police, resulting in the seizure of firearms and ammunition.

Additionally, in the spring of 1994, Bowman expressed frustration over the presence of the Hell’s Henchmen and ordered Hicks and Walter 'Buffalo Wally' Posnjak to surveil their clubhouse, with Murphy also involved in the monitoring. During this surveillance, they noted the presence of Hell’s Angels memorabilia.

In September, Carl 'Jay' Warneke, Yager, and another Outlaw met with Bowman in Detroit, where Bowman authorized them to bomb the Hell’s Henchmen clubhouse. In November, Outlaws Kevin 'Spike' O’Neill and Raymond 'Shemp' Morgan Jr. detonated a car bomb outside the clubhouse, causing damage but failing to destroy it. In December, the Chicago Outlaws set the clubhouse ablaze, leading to its condemnation and sale, celebrated by the Outlaws with a disrespectful gesture at the site.

In 1994, Bowman directed the Outlaws to target the Warlocks. Hicks tasked Stephen 'DK' Lemunyon with planning an attack on the Warlocks' clubhouse in Orlando. Lemunyon and Steve 'Stevo' Hilton built a bomb, which they detonated in October 1994, with Bowman expressing pride in their actions. Further plans for a firebombing of another Warlocks clubhouse in Brevard County were disrupted when authorities arrested several Daytona Outlaws and seized a bomb from Lemunyon’s home.

The Fifth Chapter Motorcycle Club (FCMC), a neutral club of recovering substance abusers, was also targeted by the Outlaws in 1994. After a perceived insult involving an FCMC member at a Hell’s Angel's funeral, Bowman ordered Hicks to eliminate the FCMC in Florida. In December, Lemunyon lured FCMC members to the Outlaws clubhouse, where they were searched and held at gunpoint. Lemunyon displayed the offending photograph and physically assaulted FCMC president Mike Malone, instructing the members to disband and remove their club insignia. After the beatings, the FCMC members were allowed to clean up and were instructed to return home without seeking medical assistance, with many personal belongings stolen.

Additionally, at a meeting in Chicago, Bowman announced that an Outlaw suspected of being a snitch would be killed, with the murder staged to appear as though committed by an enemy, and the deceased would receive an Outlaw funeral.

Donald Fogg, an Outlaw, was found dead from a gunshot wound in a field near an Outlaws clubhouse, leading to his funeral where rumors circulated that a policeman had killed him out of jealousy over Fogg's girlfriend. Despite the speculation, the Outlaws showed no interest in revenge. It was later revealed that Fogg was an informant for the police, a fact acknowledged by Bowman, who had targeted Fogg.

In 1994, 'Mad Mike' Markham, the Outlaws' regional president, faced criticism for not confronting the Hell’s Angels, with Brewington proposing an offensive against them in California. Markham supported this idea, leading Bowman to announce a planned attack against the Hell’s Angels in California during a regional meeting. Murphy was tasked with the mission but chose to go alone to California, where he mapped out the residence of national officer George Christie. After returning to Florida and facing federal RICO charges, Bowman directed Murphy to present his findings in Tennessee, but the planned attack on Christie never materialized.

Bowman was also involved in illegal drug activities, generally accompanied by an armed bodyguard. He was indicted in 1997 on ten counts, including four RICO violations, involving conspiracy and participation in racketeering, threats and assaults against members of the Fifth Chapter Motorcycle Club, and conspiracy to murder Hell’s Angels members. Additional drug-related charges included conspiracy to distribute various drugs and several counts of drug distribution. Other charges included the destruction of the Warlocks clubhouse and illegal possession of a firearm as a convicted felon. Bowman became a fugitive after the indictment was unsealed but was captured in 1999.

Bowman was tried with an innominate jury, as decided by the court due to concerns about potential interference from the Outlaws motorcycle club. Despite Bowman's objection, the jury's anonymity was maintained throughout the trial. At the close of the Government’s case, Bowman moved for a judgment of acquittal, which the court partially granted by acquitting him of Count Seven and two specific Racketeering Acts, while denying the rest of his motion. The jury ultimately found Bowman guilty on several counts, including murder, kidnapping, and various racketeering acts, while acquitting him on Count Nine. He later made a post-verdict motion for acquittal on certain counts, which resulted in the court granting acquittal on one racketeering act but denying the rest.

Bowman received a life sentence for Counts One and Two, with additional concurrent sentences for other counts, totaling a significant period of imprisonment. On appeal, he raised three issues: the sufficiency of evidence for his convictions, the appropriateness of the innominate jury, and the refusal to redact a racially discriminatory statement from the Outlaws Constitution. The appeal's discussion focused on the sufficiency of the evidence supporting his convictions, particularly regarding Count Four and Racketeering Act Thirteen, where witness testimony indicated Bowman's direct involvement in ordering assaults against rival motorcycle club members. The appellate review concluded that the evidence was sufficient to uphold the jury’s verdicts on most counts.

Hicks returned to Florida with the intention of meeting the FCMC, forcibly silencing the president, and ultimately shutting down the FCMC, which Hicks interpreted to mean using threats and violence against them. Although Lemunyon executed the assault, the jury could infer he acted under Hicks's and Bowman's orders, supporting the jury's verdict. Racketeering Act Eight charged Bowman with participating in the kidnapping of Kevin Talley. Despite Bowman's claims of insufficient evidence, witness Murphy testified that Bowman ordered Talley to be taken to Detroit and confined in a clubhouse. Additional testimony from Hicks and Talley confirmed Talley's captivity, providing adequate evidence for Bowman's conviction.

Racketeering Act Fifteen involved the murder of Don Fogg, where Hicks testified that Bowman indicated a "snitch" would be killed during a presidential meeting. The murder was disguised as an enemy attack, with a regular funeral held afterward. Hicks later learned that Fogg was the targeted snitch, allowing the jury to reasonably conclude that Bowman ordered the murder. Thus, the evidence supported all counts against Bowman, and his motion for judgment of acquittal was denied.

The district court independently decided to empanel an innominate jury, which Bowman objected to, claiming it was an abuse of discretion. The decision is reviewed for abuse of discretion, with several factors supporting the district court's choice: Bowman's organized crime involvement, his history of judicial interference, potential lengthy incarceration, and significant media attention surrounding the case. Despite Bowman's argument regarding the lack of juror intimidation history, there were instances of media harassment in previous trials. Given these circumstances, the district court acted within its discretion in empaneling an innominate jury. Bowman also contended that the court failed to provide a special instruction regarding the voir-dire process, which he claimed was another abuse of discretion.

The district court's failure to provide a jury instruction similar to that given in Ross, which addressed potential procedural prejudice, does not necessitate reversal of Bowman’s conviction since he did not request it, thereby waiving his right to complain unless plain error is evident. The standard for plain error requires that the omission substantially prejudices the defendant, which was not the case here, as the evidence against Bowman was overwhelming. 

Regarding the admission of the Outlaws Constitution's whites-only policy, the FBI seized documents during a search that included this provision. The government initially included the policy in the first indictment but it was later struck as irrelevant. At trial, the government presented the seized documents to demonstrate unity among Outlaws chapters, despite Bowman's objections to the inclusion of the racial policy, which he claimed was inflammatory and prejudicial. 

Under Federal Rule of Evidence 403, evidence can be excluded if its prejudicial impact outweighs its probative value. Although the policy was not directly relevant to the charges against Bowman, it was somewhat pertinent to illustrating the organization’s unity. However, the potential for unfair prejudice was significant, and the court should have redacted it. Still, the policy was minor within the larger context of the evidence presented, which included extensive testimony and documentation against Bowman. Thus, while admitting the policy was an error, it did not affect his substantial rights. Consequently, Bowman's convictions are affirmed due to a lack of reversible error.