Defense Slams 'Manufactured' Testimony in Trial of Alleged Aryan Brotherhood Leaders

Evidence from a jailhouse snitch is so likely to be tainted that it should never be led in court but getting convictions at all costs often seems to be the only aim of a prosecution. Establishing the truth seems not to matter

A parade of former prison gang members who testified in the government's showcase trial against the Aryan Brotherhood were paid by the prosecutors, were promised sentence reductions and in some cases were released, a federal agent testified Tuesday as the defense opened its case.

Michael Halualani, the case agent from the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives, said one inmate received $150,000 when he was released and placed into a witness-protection program, and others who were being held at the high-security Supermax prison in Florence, Colorado, were given amounts ranging from $50 to a few hundred dollars at a time, and in some cases he paid for eyeglasses or shoes upon request. The agent was subpoenaed by the defense as a hostile witness after the government presented weeks of testimony in one of the largest capital murder cases in U.S. history.

Outside court, Dean Steward, attorney for defendant Barry "The Baron" Mills, who is alleged to be the ringleader, said the focus of the defense case is to prove that "the testimony was manufactured, bought and paid for." The trial of Mills, 57, and co-defendants' T.D. "The Hulk" Bingham, Edgar "The Snail" Hevle and Christopher Overton Gibson stemmed from a six-year investigation that culminated with arrests of 40 alleged Aryan Brotherhood members in 2002. Nineteen struck plea bargains and one died. Other trials are pending. The government alleges the defendants currently on trial ordered or committed many of the 32 murders and attempted murders contained in the indictment. Mills is serving two life terms for the 1979 killing of a fellow inmate. In the current trial, he faces a possible death sentence for allegedly orchestrating the 1997 killings of two black inmates in Pennsylvania.

On the witness stand, Halualani was asked why he paid money to men such as Clifford Smith, who helped form the Aryan Brotherhood. "I provided funds to Mr. Smith. I paid for time and information, not for convictions," Halualani said. Answering questions from attorney Mark Fleming, the agent said the payments were similar to "the way you charge for billable hours. Although they are in prison, it's their time."

Fleming pointed out that Smith was already serving a term of 65 years to life. "And you wanted to compensate him for the time he spent with you?" asked Fleming. "Yes," said the agent, who acknowledged paying Smith $1,400 over the period he worked with him. Halualani said that when inmates agreed to turn informant, they usually submitted a list of demands starting with requests for money and for the filing of a motion that would seek a reduction in their prison sentences. "Number two was, where are you going to house us so we don't get killed," the agent said. "And third was, are you going to prosecute us?" He said all wanted immunity from prosecution, but he did not say how many were granted that as an incentive to testify. Many were placed in protective custody and some who were released went into the witness-protection program under new identities.

Fleming elicited the agent's acknowledgment that before informants testified, both at the trial and grand jury, they were given copies of documents to review. In one case, he said, an informant was presented with what is known as "a party list." "It was my understanding that was a list of individuals to be murdered," he said. "And is it possible you showed him the party list before he entered the grand jury room?" asked Fleming. "Yes," said the agent. "We showed it to him to find out what he thought it was." The attorney then asked, "Do you have any concern that his testimony might be influenced by the fact that you showed him that party list?" "No, not at all," said the witness.

Halualani acknowledged there is a danger that informants can provide false information to get a paycheck. "There's always a danger," he said. "But the testimony is corroborated. We do pay for time and we do pay for information but we also do some work." During a break in the proceedings, U.S. District Judge David O. Carter told attorneys that the case was moving more rapidly than expected and would probably go to the jury in July or August.

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