In the summer of 2009, buried in court documents filed by federal prosecutors was the revelation that Ruben “Doc” Cavazos, the former national president of the notorious Mongols motorcycle gang who they say helped orchestrate murders, extortion and robberies, had pleaded guilty to racketeering conspiracy, which carried a maximum life sentence. Hit the jump to read the rest of the story.
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The discovery showed that Cavazos had entered his plea six months earlier, and only three months after federal agents arrested him and dozens of other Mongols members, which meant he was one of the first to enter his guilty plea.
Since then, finding out what has happened to him in court and what jail or prison he’s in has been virtually impossible. It was only after repeated prodding by The Associated Press did U.S. District Judge Otis Wright, who sentenced Cavazos last Thursday, relay through federal prosecutors this week that he sent the biker to prison for 14 years.
The AP made repeated attempts over the past couple months to determine when Cavazos was scheduled to be sentenced but was unsuccessful. Wright’s Sept. 8 calendar mentioned two matters that were under seal and neither listed the defendant’s name nor the case number. The hearing was closed to the public and it appears, according to the court docket, that the public and media weren’t notified in advance.
Nine of those charged with racketeering conspiracy had their plea agreements and sentencing records, including Cavazos, his son and his brother.
While sealed plea agreements are the norm — often to protect those who have cooperated with authorities — keeping the sentence and the hearing confidential is highly unusual, several legal experts told AP.
“I don’t know of any authority that would allow the court to keep that information from being part of the public record,” said Michael Brennan, a law professor at the University of Southern California. “What the guy was sentenced to doesn’t involve issues of confidentiality. I think the public is entitled to a number.”
Email messages left for Wright’s court clerk were forwarded to a court spokesman who didn’t immediately respond to inquiries made by AP. U.S. District Judge Audrey Collins, the chief judge for the Central District of California, said it’s not common practice to close a sentencing hearing but she would defer to Wright’s determination.
“What I think is that whatever a judge decides is necessary for the safety of the litigants in his or her courtroom,” Collins said. “I know this case involved some dangerous people.”
Calls to Cavazos’ deputy federal public defender, John Littrell, were not returned. Littrell requested the judge to seal documents regarding his client, said Assistant U.S. Attorney Christopher Brunwin. The reason for sealing was due to underlying issues that Brunwin couldn’t talk about.
