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Judge limits Pagans' access to evidence, citing safety
Originally published October 23, 2009


By Kate Leckie
News-Post Staff

Judge limits Pagans' access to evidence, citing safety
Courtesy Photo


David Barbeito
Citing the safety of witnesses and to protect the administration of justice, a federal judge is denying 55 Pagans facing racketeering and violent crime charges direct access to some evidence against them.

In a ruling made public this week, Judge Thomas E. Johnston issued a protective order related to some discovery materials in U.S. District Court in Charleston, W.Va. Protected items include any witness lists.

To prevent hindering their defense, Johnston's ruling allows defense attorneys to review "Restricted Access" evidence with their clients. But it prohibits the lawyers from making copies for them or sharing the information with others.

Johnston further ordered defense attorneys to keep items marked "Restricted Access" in a secure location.

The ruling comes in the wake of an Oct. 6 FBI search of the Myersville residence of David Keith Barbeito, 49, national president of the Pagans Motorcycle Club.

The search turned up a cache of firearms, cash and Pagan-related items, including documents, clothing and a wall clock.

Barbeito was one of 55 Pagans picked up Oct. 6 during the multi-stage operation targeting the motorcycle club, authorities said after unsealing a 44-count indictment.

Barbeito is the lead defendant in an indictment that outlines crimes including kidnapping, racketeering and conspiracy to commit murder. He pleaded not guilty last week to five racketeering charges, according to court documents.

He is in the custody of the U.S. Marshals Service pending a trial set for Dec. 15.

FBI Special Agent Desiree Smith obtained a no-knock search warrant from U.S. Magistrate Judge James K. Bredar after submitting 13 pages of information about the Pagans. The information was collected during a long-term investigation that dates back to at least 2001.

Smith wrote that the no-knock warrant at day or night was needed because Barbeito's property "is heavily surveilled and protected."

She wrote that Barbeito's residence was in an isolated location, surrounded by a significant amount of barren land, allowing outsiders to be seen easily.

One of the structures on the property is along a cliff that overlooks a one-lane gravel road that is the only access route to the property, Smith stated.

The access gate was code-controlled with a video camera mounted on top.

"The gravel driveway up to the home within this compound is at least 60 yards long from the gate," she wrote.

Smith also emphasized that Barbeito, and all Pagans, believe they live outside the law.

"It is entirely likely that if Barbeito was aware of approaching law enforcement, that he would not only attempt to destroy evidence, but the lives of the agents executing the warrant would be placed in jeopardy."

Known to use methamphetamine and cocaine, Barbeito could react "violently and unpredictably," she said.

Agents executed the search of Barbeito's residence at 4940 Ford Fields Road beginning at 8:38 a.m. Oct. 6. Court documents do not indicate when the search was completed.



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