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Unites States v. John B. Angell, Et al  - ECF filings in case 09-00296-CR-W-FJG
Case assigned to district Judge Fernando Giatan - referred to Magistrate Judge Larsen.

CURRENT DEVELOPMENTS IN OTHER BIKER PROSECUTIONS as of JULY 12, 2011:  An indictment dated June 9, 2011 has been release and returned  in United States District Court for the Eastern District of Missouri, St. Louis, Missouri charging members of the Wheels of Soul also known as WOS with various crimes including running a criminal enterprise.  The national headquarters for the club is in Philidelphia, PA.  The indictment may be viewed here:   Indictment

Note:  The indictment is this case is related to an older case from 2007 in which other club members were indicted and prosecuted in that the theory of prosecution is the same.  Some of those defendants ultimately testified as government witnesses in this case. See the related case, indictment and plea agreements and dispositions.  

See list of actual witnesses who testified for the government

See the actual EFC Docket Print out: Current as of  06/08/2010 at 14::00 hours CST  NOTE: When you view the copy of the docket reproduced here it will sometimes appear that you can hyperlink to some entries or documents.  If the link is active, it will in fact take you to the US Court Official PACER site and you must have an account to log on.  Instead if you want to see a docket entry for free simply click on the hyper link below. 

Significant Public Pleadings and Orders Filed in the Case Listed by Document Docket Number


Complaint at to John B. Angell  9/02/09


Affidavit in support of complaint doc1 as to John B. Angell


Gov motion to detain Angell 9/2/09


Gov motion to continue Angell detention hearing

doc4.pdf Minute Entry on initial appearance on Angell  9/3/09
doc5.pdf Affidaivt of financial statement as to Angell
doc6.pdf ►Order appointing counsel for Agenll - atty Jim Brown appointed 9/3/09
doc7.pdf ►Order authorizing custody transfer on Angell
doc8.pdf ►Order ganting detention as to John B. Angel 9/3/09
doc9.pdf Arrest warrant returned as to Angell
doc10.pdf Order of dention as to John B. Angell 9/9/09
doc11.pdf Minute entry on detention hearing on Angel dated 9/8/09
doc12.pdf Indictment as to Angell, Burkitt, Stewart, Cox, Larson, and Donkersloot
doc13.pdf Affidaivt of financial statement as to Cox
doc14.pdf Minuted entry - Cox appeared before Maginstrate Knox on 9/25/09
# not assigned 9/24/09 - no docket number assigned - Order to keep indictment secret until a defendant is in custody
# not assigned 9/25/09 - Arrest of James Cox
# not assigned 9/25/09 - Order unsealing the indictment - no docket number assigned
doc15.pdf Minute Entry - detention hearing on Cox held on 9/28/09 before Knox
doc16.pdf Order setting conditions of release on James Cox
doc17.pdf Gov motion to detain Eric Burkitt 9/28/09
doc18.pdf Gov motion to continue hearing on Burkitt
doc19.pdf Gov motion to detain Robert Stewart  9/28/09
doc20.pdf Gov motion to continue hearning on Robert Stewart
doc21.pdf Gov motion to detain James Cox
doc22.pdf Minute entry by Maughmer re initial appearance for Burkitt & Stewart - Hearing  9/30/09 at 9:30
doc23.pdf Motion to continue detention hearing on James Cox  9/28/09
doc24.pdf Affidaivt of fiancial status for Eric Burkitt   9/25/09
doc25.pdf Order appointing FA White as attorney for Eric Burkitt  9/25/09
doc26.pdf Affidaivt of financial status of Robert Stewart
doc27.pdf ►Order appoint John R. Osgood as attorney for Robert E. Stewart  9/25/09
doc28.pdf ►Order authorizing temporary transfer of custody on Burkitt and Stewart 
doc29.pdf Arrest warrant returned on Burkitt
doc30.pdf Arrest warrant returned on Stewart
doc31.pdf Notice of hearing on Burkitt and Stewart - reset for 9/30/09 at 10:00 a.m. before Larsen
doc32.pdf Notice of hearing on Angell set for Monday 10/5/09 at 14:30
doc33.pdf Notice of hearing on Steve Larson set for Monday 10/01/09 at 10:30
doc34.pdf Clerk Minutes on detention and arraignment on defendants Burkitt and Stewart  See docket text also
doc35.pdf Clerk Minutes on first appearance on Steve W. Larson 10/1/09
doc36.pdf Motion to continue trial by Robert Stewart filed 10/1/09
doc37.pdf Motion by Robert Stewart to sever Counts One and Two for trial
doc38.pdf Notice of hearing on Nicholas Donkersloot - Monday 10/5/09 at 10:30 a.m. before Larsen
doc39.pdf ►Order appointing PD Troy Stabenow as counsel for detention hearing on James Cox
doc40.pdf ►Order of detention without bond on Eric G. Burkitt by Magistrate Larsen 10/02/09
doc41.pdf ►Order of detention without bond on Robert Stewart by Magistrate Larsen 10/02/09
doc42.pdf Nonsurety Bond on Steve Larson for $25,000
doc43.pdf Order setting conditions of release on Steve Larson -  Released on 25K signature bond
doc44.pdf Notice of hearing on James Cox before Judge Larsen on 10/6/09
doc45.pdf Minute Entry on arraignment on Nicholas E. Donkersloot before Larsen  10/05/09
doc46.pdf Order adding conditions to release on bond for James M. Cox  10/5/09
doc47.pdf Entry of Appearance by Ron Partee as retained counsel for Robert Stewart
doc48.pdf Entry of Appearance by Charlie Rogers for Nicholass Donkersloot
doc49.pdf Minute Order first appearance on John B. Angell 10/05/09
doc50.pdf Notice of hearing on James M. Cox - reset to 10/09/09 at 09:30
doc51.pdf Motion by CJA counsel Osgood to withdraw as counsel for Robert Stewart
doc52.pdf Transfer documents on Dokkersloot with attachments  52-1    52-2   52-3   &   52-4|
doc53.pdf ►Order modifying conditions of release for James M. Cox  - 10/05/09
doc54.pdf ►Order continuing the trial from 11/02/09 to next regular docket on 12 December 2009
doc55.pdf ►Order referring further Magistrate Proceedings to Magistrate Judge Maughmer on 10/6/09
doc56.pdf Arrest warrant returned on Steve Larson
doc57.pdf ►Order relieving CJA counsel Osgood because of entry of retained counsel Partee for Stewart
doc58.pdf Rule 5 transfer document on Steve Larson with attachments 58-1, 58-2  58-3  58-4  & 58-5
doc59.pdf Motion by Robert Stewart to reconsider denial of bond by Magistrate
doc60.pdf Arrest warramt returned ast to Nicholas Donkersloot
doc61.pdf Arrest warrant returned as to James M. Cox
doc62.pdf Motion by Eric Burkitt to reconsider denail of bond with attachments  62-1 | 62-2 | 62-3 |
doc63.pdf Notice of Hearing on James Cox - reset for 10/08/09 and 3:15 p.m.
doc64.pdf ►Order relieving PD Stabenow and appointing Hugh O'Donnell at atty for James Cox
doc65.pdf ►Minute Order on arraignment on James Cox before Magistrate Larsen on 10/8/09
doc66.pdf ►Order confirming no prior arrest record for James Cox by Magistrate Larsen on 10/09/09
doc67.pdf ►Order setting conditions of release on Donkersloot  10/09/09
doc68.pdf Motion to continue trial setting by Nicholas Donkersloot filed 10/12/09
doc69.pdf Government answer to Stewart's motion to sever counts
doc70.pdf Objections by Robert Stewart to trial continuance filed 10/14/09 by atty Partee
doc71.pdf Clerk entry concerning error in ECF filing and correction procedures
doc72.pdf Motion for continuance by James Cox by atty O'Donnell filed  10/15/09
doc73.pdf Objections by Eric Burkitt to trial continuance filed 10/16/09 by atty White
doc74.pdf Order entered  10/16/09 authorizing blanket proffer transfer of defendants to law enforcement
doc75.pdf Government response to Burkitt motion to reconsider bond
doc76.pdf Government response to Stewart motion to reconsider bond
doc77.pdf Entry of appearance by Mathers attorney for James Cox (Hanrahan, Nacy and Mathers law firm)
doc78.pdf Entry by Hanrahan of above firm for James Cox
doc79.pdf Entry by Nacy of above firm for James Cox
doc80.pdf Order relieving Hugh O'Donnell as CJA counsel for James Cox - retained counsel now in case.
doc81.pdf ►Order denying Burkitt motion for reconsideration
doc82.pdf Order denying Stewart motion for reconsideration 10/30/09
doc83.pdf Motion to withdraw James Cox previously filed motion for continuance  - 11/04/09
doc84.pdf ►Order -  Stipulations and Orders entered by Magistrate Judge on 10/26/09
doc85.pdf Motion by Burkitt or review of detention order with attachements: | 85-1  |  85-2 |
doc86.pdf Motion by defendant Stewart for review of detention order filed 11/05/09
doc87.pdf Order setting telephone conference hearing on Donkersloot motion for 11/10/09 at 14:30 hrs
doc88.pdf Notice of filing of transcript of hearing of 9/30 and redaction requirements Burkitt and Stewart
doc89.pdf Order as to Steve Larson requiring atty Miera to have local counsel by noon on 11/12/09
doc90.pdf Docket remarks from law clerk Marullo as to conversation with atty Miera
doc91.pdf ►Order during conference denying pending motion to continue trial setting
doc92.pdf Order setting pretrial conference 11/18/09 at 3:45 p.m. before Judge Larsen
doc93.pdf Entry of Appearance by John Osgood as local counsel to Alberto Miera, lead counsel for Larson
doc94.pdf Motion to admit Alberto O. Miera as pro hac vice attorney for Steve Larson
doc95.pdf Entry of Appearance of Lead Counsel Alberto O. Miera for defendant Steve larson
doc96.pdf ►Order granting doc83 motion to withdraw motion for continuance by James Cox  11/12/09
doc97.pdf ►Order denying all pending motions to continue trial - trial set for 2nd week of 12/07/09 docket
doc98.pdf Clerk minute order approving pro hac admission for atty Miera for def Larson 11/16/09
doc99.pdf ►Order for conflict hearing for John Osgood, Local counsel for Steve Larson
doc100.pdf Government opposition to Burkitt motion for reconsideration of bond
doc101.pdf Government opposition to Stewart motion for reconsideration of bond
doc102.pdf Notice of hearing for Larson and all other defendants for 11/18/09 at 03:45 p.m.
doc103.pdf Motion in limine to prevent Cook from offerning opinion testimony by Larson
doc104.pdf Joinder in motion in limine filed by Larson by Angell
doc105.pdf ►Stipulations and Order -  Magistrate Larseon - all parties
doc106.pdf Government's index of exhibits - filed 11/18/08
doc107.pdf Government's witness list - filed 11/18/09
doc108.pdf Government's proposed voir dire - filed 11/18/09
doc109.pdf Government notice of intent 851 enhance Angell sentencing
doc110.pdf Government's requested jury instructions filed 11/18/09
doc111.pdf Notice by government to use conviction to impeach defendant Angell
doc112.pdf Notice of intent to call Steve Cook and others as expert witness on outlaw motorcycle gangs
doc113.pdf Larson's requested theory of defense jury instruction filed by Osgood 11/18/09
doc114.pdf Larson's proposed voir dire questions filed by Osgood 11/18/09
doc115.pdf Larson in limine to prevent Seevers from giving meth cook lessons at trial - 11/19/09
doc116.pdf Larson in limine to prevent mention of Paulson statements about Darren Frank being a "hitter" - 11/19/09
doc117.pdf ►Magistrate memo on pretrial conference actions and discussions  on 11/18/9
doc118.pdf Donkersloot in limine to preclude impeachment with a misdemeanor conviction filed 11/19/09
doc119.pdf Donkersloot in limine to preclude use of word "gang" during trial filed 11/19/09
doc120.pdf ►Order by Magistrate granting severance of Count One from Count Two. 
doc121.pdf ►Minute order -no conflict of interest for Osgood because of earlier representation of Stewart
no-number ►Notice of new trial date for 12-14-09 at 8:30 a.m.
doc122.pdf Burkitt in limine to keep out rape evidence
doc123.pdf Clerk Minutes about additional jurors requested by Larson and another defendant
doc124.pdf ►Order for status conference on Angell for 11/23/09 at 09:00
doc125.pdf ►Notice of change of Plea for Donkersloot set for 11/25/09 at 9:00 .a.m.
doc126.pdf Defendant Larson's witness First proposed witness list filed 11/20/09
doc127.pdf ►Notice of change of Plea for Angell for 11/25/09 at 11:30 a.m.
doc128.pdf Motion by Angell to declare case complex for CJA purposes
doc129.pdf ►Order by Giatan 11/24/09 denying bond for Burkitt
doc130.pdf ►Order by Giatan 11/24/09 denying bond for Stewart
doc131.pdf ►Letter from Clerk re trial settings and judges - This case goes out on 12/14/09 before Gaitan
doc132.pdf Notice of electronic transript and redaction deadlines
doc133.pdf ►Minute Order on change of plea from John B. Angell  dated 11/25/09
doc134.pdf ►Stipulations and Order entered on 11/30/09
doc135.pdf Waiver of Indictment by Donkersloot - one count of distribution of meth detectable amount 11/30/09
doc136.pdf Information filed as substitute for current indictment -Donkersloot - one count of distribution - 11/30/09
doc137.pdf Criminal Minute sheet - waiver of indictment and plea of guilty by Donknersloot
doc138.pdf Defendant Stewart proposed jury instructions filed by Partee - 12/01/09
doc139.pdf Defendant Stewart proposed voir dire - 12/01/09
doc140.pfd Defendant Stewart's proposed witness list - 12/10/09
doc141.pdf Defendant Burkitt's proposed jury instructions filed by White on 12/011/09
doc142.pdf Defendant Burkitt's requested voir dire filed by FA White on 12/01/09
doc143.pdf Order, district court, finding Angell motion to declare case complex as moot - 12/2/09
doc144.pdf Plea agreement for John B. Angell, filed 12/02/09
doc145.pdf Plea agreement for Nicholas E. donkersloot filed 12/02/09
doc146.pdf Defendant Cox's index of exhibits
doc147.pdf Defendant Cox's proposed voir dire
doc148.pdf Defendant Cox's witness list
doc149.pdf Defendant Cox's jury instructions
doc150.pdf Government opposition as moot to Larson's motion to preclude use of words "hits" 
doc151.pdf Government opposition as moot to Larson's motion to keep cook from testifying about meth cooking
doc152.pdf Government opposition to Burkitt motion in limine on rape evidence
doc153.pdf Government notice of intent to offer 404(b) evidence as to various defendants including Larson
doc154.pdf Government opposition to Larson in limine to keep cook from testifying about motorcycle gangs
doc155.pdf Government opposition to in limine to prevent use of word gang at trial
doc156.pdf ►Waiver/plea hearing set for 12/11/09 at 2:00 p.m. - Eric Burkitt
doc157.pdf ►Waiver/plea hearing set for 12/11/09 at 2:30 p.m. - Robert Stewart
doc158.pdf Defendant Larson's reply to gov answer to motion in limine
doc159.pdf Cox motion to join and adopt Larson's motion in Limine
doc160.pdf ►Order setting pretrial conference before Giatan at 8:15 a.m. Monday, 12/14/09
doc161.pdf ►Order granting in part and denying in part Larson's various in limine motions
doc162.pdf Order granting in part and denying in part Cox motions by reference to Larson Order 161 above
doc163.pdf Waiver of indictment on Burkitt
doc164.pdf One count information - Burkitt - detectable amt of meth conspiracy distribution
doc165.pdf Waiver of indictment on Stewart 12/11/09
doc166.pdf One count information - distribution of detectable amt of meth conspiracy distribution
doc167.pdf ►Criminal Minute sheet on Burkitt  12/11/09 summary of plea proceedings
doc168.pdf ►Criminal Minute sheet on Stewart  12/11/09 summary of plea proceedings
doc169.pdf ►Minutes of Jury Trial for 12/14/09  1st day of trial on Cox and Larson
doc170.pdf Jury List sealed for the trial on Cox and Larson
doc171.pdf ►Minutes of Jury Trial for 2nd day, 12/15/2009 on Cox and Larson
doc172.pdf ►Minutes of Jury Trial for 3rd day, 12/16/2009 on Cox and Larson
doc173.pdf Plea agreement for Eric G.. Burkitt
doc174.pdf Plea agreement for Robert E. Stewart
doc175.pdf ►Minutes of Jury trial for 4th day, 12/17/2009 on Cox and Larson
doc176.pdf ►Minutes of Jury trial for 5th day, 12/18/2009 on Cox and Larson -  NOT GUILTY AS TO BOTH
doc177.pdf ►Judgment of Acquittal as to James M. Cox
doc178.pdf Judgment of Acquittal as to Steve W. Larson
doc179.pdf Government's Exhibit list in US v. Cox and Larson trial
doc180.pdf James Cox Exhibit list in US v. Cox and Larson trial
doc181.pdf ►Jury Instructions given by Court and used by jurors in US v. Cox and Larson Trial
doc182.pdf Defendant's offered and refused theory of defense instruction submitted by Larson and adopted by Cox
doc183.pdf ►Court's exhibits - questions submitted by jury during deliberations and answers given
doc184.pdf ►Verdict Forms returned by the jury indicting not guilty as to Cox and Larson
doc185.pdf Official docket shows these as having no entry on the docket sheet
doc186.pdf Official docket shows these as having no entry on the docket sheet
doc187.pdf ►Notice of sentencing hearing on John Angell - 1:30 pm 3/19/2010 before Giatan
doc188.pdf ►Notice of sentencing hearing on Nick Donkerslootl - 10:00 am 5/11/2010 before Giatan
doc189.pdf ►Notice of re-setting sentencing hearing on John Angell - 10:30 am 3/22/2010 before Giatan
doc190.pdf Motion for an Order (motion is sealed) John Angelle  -  probably a motion to file sentencing memo.
doc193.pdf Motion by Robert Stewart to extend his PSR objection deadline
doc194.pdf ►Notice of sentencing for Eric Burkitt - set for 5/5/2010 at 10:30 - note Gall v. US notice
doc195.pdf Order granting stewart motion to extend PSR objection deadline - extended until 4/9/10
doc196.pdf ►Sentencing minute sheet on John B. Angell
doc197.pdf ►Judgment and sentence on Angel - sentenced to a year and a day on 3/22/10
doc199.pdf ►Notice of sentencing for Robert Stewart set for 5/5/2010 before Gaitan 
doc200.pdf No entry appears on docket sheet for this number
doc201.pdf ►Notice of hearing on Nicholas Donkersloot  resetting sentencing to 7/21/10
doc202.pdf ►Notice of hearing as to Eric g. Burkitt  resetting sentencing for 5/17/10
doc203.pdf ►Notice resetting sentencing for Robert Stewart for 5/17/10
doc204.pdf No entry appears on docket sheet for this number
doc205.pdf ►Sentencing minute sheet for Burkitt - defendant sentenced to 60 month incarceration and SR of 3 yrs
doc206.pdf ►Criminal Judgment in Eric burkitt's case showing sentence
doc207.pdf ►Sentencing minute sheet for Robert Stewart - 60 months incarceration 5 yrs supervised release
doc208.pdf ►Criminal Judgment in Robert Stewart's case
doc209.pdf ►judgment returned executed in John B. Angell case
doc210.pdf Donkersloot Sentencing reset for 8/4/2010 at 10:30 before Gaitan
doc211.pdf DEFENSE SENTENCING MEMORANDUM by Nicholas E Donkersloot (Rogers, Charles)
doc212.pdf GOV SENTENCING MEMORANDUM by USA as to Nicholas E Donkersloot (Valenti, Jeffrey) (Entered: 07/23/2010)
JUDGMENT RETURNED executed as to Robert E Stewart on 7/20/2010. This document contains original signatures of non attorneys and is being maintained in a paper file at the court.(Melvin, Greg) - NO PDF DOCUMENT ATTACHED
MOTION for Order(SEALED) by USA as to Nicholas E Donkersloot. - SEALED DOUMENT NOT AVAILABLE ON PACER  -  probably addresses downward departure.  -  Read note on plea agreements highlighted in yellow below for explanation.
doc215.pdf This is an unassigned docket number with no associated PDF file or docket entry
doc216.pdf Sentencing Minute Sheet on donkersloot -  5 yeaars probation
doc217.pdf Official Judgment on Nicholas Donkersloot  reflecting probation sentence
JUDGMENT RETURNED executed as to Eric G Burkitt on 08/05/10. This document contains original signatures of non attorneys and is being maintained in a paper file at the court.(Martin, Jan) - NO PDF document available.
doc219.pdf ORDER FOR SURRENDER OF PASSPORT as to Nicholas E Donkersloot. Signed on 3/15/11
doc222.pdf ELECTRONIC TRANSCRIPT as to Eric G Burkitt of Sentencing held May 17, 2010 before Judge Fernando J. Gaitan, Jr. Court Reporter: Gayle Wambolt, 816-512-5641, NOTICE RE: REDACTION OF TRANSCRIPTS: Within 7 calendar days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the parties' intent to redact personal data identifiers from the electronic transcript of the court proceeding

Note on plea agreements:  Current policy in the Western District of Missouri is to file a separate non-public addendum with the court in cases where a defendant is a cooperating individual eligible for a possible rule 35 and/or 5K1.1 departure of the sentence. The plea agreement on file with PACER viewable here usually does not indicate one way or the other whether such an agreement is in place and may not therefore represent the full scope of the agreement between the government and the defendant in any particular case.

 Attorney Contact List -  All area codes are 816 unless otherwise noted.  Numbers outside the KC metro calling area also contain an area code as do Kansas calls, local and long distance.

United States, Plaintiff

 AUSA Dan Nelson:  Ph: 426-3122 -
 AUSA Jeff Valenti:  Ph: 426-3122 -

Indictment          Defendant                        Defense Attorney                Phone #                           Email address               


John B. Angell           

James E. Brown

(816) 842 2579


Eric G. Burkitt

F.A. White, Jr.

(816) 454 5300


Robert E. Stewart

Ronald Partee

(816) 531-3500
4 James M. Cox   FOUND NOT GUILTY AT TRIAL Georgia A. Mathers (573) 635-0282
    Curtis Hanrahan (573) 635-0282 unknown



Alberto O. Miera
John R. Osgood (lead counsel)

(651) 735 1993
(816) 525 8200

6 Nicholas Donkersloot Charlie Rogers (816) 221 6100

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An Indictment is merely an accusation and no evidence of guilt.  The United States must prove and establish by credible admissible evidence that the acts charged by the grand jury in the indictment are true beyond a reasonable doubt.  The grand jury, a secret deliberative body under the control of the prosecutor, is not required and does not make such a finding -- it only brings charges based to large extent on summary hearsay evidence presented by the prosecutor.

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