Pubdate: Sun, 7 Mar 1999 Source: San Jose Mercury News (CA) Copyright: 1999 Mercury Center Contact: http://www.sjmercury.com/ Author: HOWARD MINTZ HELLS ANGELS SAY POLICE RAIDS TERRORIZED THEM Bob and Lori Vierra awoke the morning of Jan. 20, 1998, to the sound of gunshots outside their San Jose home. The next thing they knew, Bob Vierra was down on the ground, handcuffed and surrounded by police and federal agents. When Vierra looked up, he saw blood running down his driveway. His German shepherd, Sam, had been ripped apart by bullets. Nearby, another of the Vierras' shepherds, Dog, also lay dead near a chain-link fence, his back legs and tail bloodied by police fire. The cops were at the Vierra home for a very specific reason -- they were looking for links between the San Jose chapter of the Hells Angels and the infamous Pink Poodle murder case. Vierra was a member of the club. And as the Vierras and dozens of other people around the South Bay discovered that morning, it was a very bad day to have any association with the local Hells Angels. Two hundred law enforcement officers had fanned out around the area to spring an early morning surprise on the club. The police ``came in and shot my dogs for a lousy search warrant,'' said Vierra, sitting one recent evening on a tabletop at the Hells Angels clubhouse, his wife trembling at his side. ``I understand a search warrant -- but there is a correct way to do it. I told them, `Is there a law against being a Hells Angel?' '' Vierra and his fellow San Jose Hells Angels are trying to get an answer to that question through a unique civil rights lawsuit filed last month in San Jose federal court. The club, claiming it is being persecuted by law enforcement agencies, is asking a federal judge to declare that it is not a criminal gang. The suit also claims widespread abuses during the searches, which took place in two stages -- one raid in January of last year and another in October 1997. Frustrated club members and their families agreed to interviews last month in a gathering at their Drake Street clubhouse, a drab, below ground hangout with pool tables, a bar and Hells Angels paraphernalia adorning every wall. The clubhouse was raided during the searches, as were dozens of homes. Investigators were convinced a lot more had taken place inside that clubhouse than idle talk about Harleys. Search warrant affidavits filed by police suggested the club would go to any lengths to cover up its role in the August 1997 beating death of a patron at the Pink Poodle, the South Bay's best-known strip club. The affidavits described a shadowy world of Hells Angels who would murder or threaten witnesses to protect their own. Searching for clues that might connect the Hells Angels to the Pink Poodle, police grabbed anything related to Hells Angels, from motorcycles to T-shirts and stickers. As it turned out, the searches turned up little, and the prosecution's murder case wound up in shambles. A Santa Clara County jury acquitted the two defendants, Gary Costanza and Steven Tausan, of all crimes connected to the beating death of 38-year-old Kevin Sullivan. Tausan was a San Jose Hells Angels member who argued that he struck Sullivan in self-defense. `Demolished my house' Already smarting from the failed trial, law enforcement officials must now contend with a suit that claims they ransacked houses, killed dogs and misled the courts about why they conducted the raids. Even though the Hells Angels have a bad boy reputation, interviews show that police encountered wives, children, grandmothers and dogs during the searches, not just leather-clad bikers. ``They demolished my house,'' said Jim Welch, a club member who lives with his 85-year-old grandmother in a Benton Street house designated an historic structure by the city of Santa Clara. ``They came in making me look like Public Enemy No. 1. Somebody owes us a huge apology.'' Santa Clara County officials say there is no merit to the club's complaints about the searches. Law enforcement officials have long insisted the Hells Angels have been involved in criminal activity, from drug trafficking to murder. Hells Angels have been the subject of major state and federal criminal probes in the Bay Area since at least the early 1980s. Prosecutors argued that Hells Angels culture was at the heart of the Pink Poodle murder case. They tried to persuade jurors that Sullivan's death was orchestrated by the club. San Jose police spokesman at the time, Louis Quezada, said the department was simply helping the Santa Clara County Sheriff's Department with the searches and has no agenda against the Hells Angels. The FBI, another defendant in the suit, had no comment. Deputy County Counsel Todd Boley, who is defending the sheriff's department, said there appears to have been nothing improper in the handling of the raids. At the time of the raids, sheriffs officials said dogs were killed because they had attacked arriving police officers. And Assistant District Attorney Dave Davies, one of the supervisors of the Pink Poodle investigation, denied that the Hells Angels were singled out. ``Everything that happened in the case was pursuant to court-ordered search warrants,'' Davies said. ``I don't think there is any basis to any claim (of harassment).'' Other than James Elrite, president of the San Jose chapter, and his wife, Molly, none of the 19 other plaintiffs in the suit were charged with anything in connection with the searches. The Elrites, who declined comment, still face drug charges related to a search of their home. Elrite, through his lawyer, declined to discuss the matter because of the pending criminal case. In the suit, the Elrites do claim their rights were violated during the October 1997 search. Some of those most angry about the searches are family members who were home for the 7 a.m., January 1998 raids. Marnie Arnett, the wife of Hells Angel James Arnett, shudders when she recalls police barging into her house, where she cares for foster children and runs a day care center. ``They kept at me for two hours,'' says Arnett, a petite woman who nearly lost her foster care license after the search. ``They'd say, `You look like a nice girl -- what are you doing married to a Hells Angel?' '' Lori Vierra, who was handcuffed during the January search, cannot talk about the morning raid on her house without breaking down. But she described the incident in a 22-page entry in her diary, which she provided to the Mercury News. Vierra was shattered by the loss of her shepherds, Sam and Dog. ``I woke up crying (that night), thinking it was a dream,'' Vierra wrote in her journal the night of the raid. ``Hoping I'd see Sam and Dog in the yard. I didn't, so I cried more and more knowing it was real.'' Suing to dispel moniker Frank Iadiano, a club member, says such accounts supplied the Hells Angels with enough ammunition to hire lawyers to take on their adversaries in law enforcement. Iadiano was originally charged with obstruction in the Pink Poodle case, but the charges were dropped. ``We are not a gang,'' said Iadiano, a burly prototype of a biker. ``We plan to dispel that moniker. We are a motorcycle club. The San Jose Hells Angels has existed for 30 years. We are a motorcycle club.'' - --- MAP posted-by: Don Beck