Pubdate: Thu, 15 Sep 2005 Source: Knoxville News-Sentinel (TN) Copyright: 2005 The Knoxville News-Sentinel Co. Contact: http://www.knoxnews.com/ Details: http://www.mapinc.org/media/226 Author: Jamie Satterfield VICE LORDS 'DRUG GANG' REFERENCES CHALLENGED CINCINNATI - The landmark prosecution of an entire Knoxville street gang under federal drug conspiracy laws faced its first appellate court challenge Wednesday as attorneys accused prosecutors of effectively criminalizing gang membership. "My client was the leader of the gang," defense attorney Phil Lomonaco said at a hearing in the 6th U.S. Circuit Court of Appeals. "He was not a leader of a drug conspiracy." Lomonaco's client is Walter "Heavy" Williams, leader of the Imperial Insane Vice Lords street gang. Williams and two gang members, Allen "Capone" Young and Michael "New York" Smith, were convicted in U.S. District Court in late 2003 of conspiring with more than 20 Vice Lords members to dominate the crack cocaine trade in Knoxville's inner city. The convictions came after the entire gang, whose members numbered as high as 26, was indicted as a drug-trafficking organization. The case was the first of its kind in Knoxville. As such, it tested the ability of the government to prove that a gang is itself a criminal enterprise. Being a member of a gang is just as legal as signing on with a civic group like the Lion's Club. Authorities could and did nab individual gang members for his or her misdeeds, but the gang itself was legally untouchable, absent some showing of Mafia-style racketeering. The Vice Lords were no Mafia, but the gang was in a class of its own on Knoxville's streets. Unlike most Knoxville gangs, the Vice Lords were highly structured. They had bylaws and membership rituals. There were titles of rank and regular business meetings. It was that level of organization that ultimately enabled authorities to infiltrate the gang. Using secret recording devices stashed inside the gang's meeting place, dubbed the "Honeycomb," authorities contended they gleaned evidence showing the organization's sole purpose was hawking crack. Drug conspiracy indictments were handed up by a federal grand jury in 2002. Most members pleaded guilty, but Williams, Young and Smith took their case to trial. They lost. Lomonaco argued before a three-judge appeals panel Wednesday that the gang leader and his two underlings were convicted not by proof of a drug conspiracy but by gang affiliation alone. "Right from the start, the first words of the indictment said the defendants are all members of the Vice Lords gang operating in Knoxville," he said. "(Williams) was tried as a gang member rather than as a cocaine conspiracy member." Young's attorney, Angela Morelock, told the appellate judges that jurors were prejudiced by repeated references to her client as gang "war chief," a title Young held within the gang in his role as head of security for the group. Assistant U.S. Attorney David Jennings argued there was no distinction between the gang and the cocaine conspiracy. "This gang was about nothing but the drug trade," Jennings said. He said the government was essentially forced to use gang titles and nicknames during the trial to identify individual members and their respective roles in the drug conspiracy. "This is how these guys identified each other on the street," he said. Chief Judge Danny J. Boggs wondered aloud whether the appellate court ultimately must weigh the potential for prejudicing jurors with talk of gang activity against prosecutors' need to prove the gang was a front for drug trafficking. "You can't talk about these events without a lot of gang talk and gang evidence, can you?" Boggs asked Lomonaco. Lomonaco replied, "If the government had only used what was necessary, this wouldn't be an issue." Jennings did concede at Wednesday's hearing that Williams, Young and Smith are entitled to new sentencing hearings because of a recent landmark U.S. Supreme Court decision on federal sentencing guidelines. However, those sentencing hearings will not be held until the 6th Circuit first decides whether the trio's convictions will stand. It could be months before the court rules. - --- MAP posted-by: Elizabeth Wehrman