cleared a Hells Angels member and a club prospect still face conspiracy charges that could result in life sentences

cleared a Hells Angels member and a club prospect of attempted murder charges, both men have been freed from jail.But they still face conspiracy charges that could result in life sentences if convicted. Their lawyer Friday lashed out at prosecutors for pursuing those charges, calling the plan "despicable."Hells Angel Chad Wilson, 33, of San Diego, and prosect John Midmore, 35, of Valparaiso, Ind., were found not guilty of attempted murder in the Aug. 8, 2006, shootings of five members of the rival Outlaws at Custer State Park.One day after the verdict was read, little is known about the jury members involved in the trial. They will remain anonymous because of a new law that went into effect Nov. 1. And while the feud between the Hells Angels and Outlaws probably will continue, it's unlikely to resurface at the Sturgis Motorcycle Rally again, law enforcement officers say.Prosecutors said they still plan to try both men on a more serious charge of conspiracy to commit first-degree murder, which carries a punishment of life in prison if convicted. Lawyers have until Dec. 10 to submit legal briefs on whether that would be double jeopardy.
Defense lawyer David Kenner said if there's no attempted murder, there can be no conspiracy."I think this is a despicable act by the state," he said of the decision to keep the charge alive.Wilson also has an immigration hold and probably will be deported to Canada, said Custer County State's Attorney Tracy Kelley, one of the prosecutors in the case.The Outlaws and the Hells Angels have long been rivals and have violently clashed several times. Thursday's verdict in Sioux Falls probably will not change that, said Robert Boland, resident agent in charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives in Sioux Falls."I can't predict the future, but I don't anticipate this is the end of anything between these two groups," he said.But South Dakota and the Sturgis Motorcycle Rally would be unlikely locations for further violence between the two gangs, Boland said. Violence is more apt to occur in places where the two gangs have overlapping territory, he said.
"These two groups don't claim (South Dakota) as part of their territory," Boland said.Since March 2006, violence between the Hells Angels and Outlaws has escalated, mostly because of the expansion of Outlaws' activity in states controlled by the Hells Angels, according to an FBI intelligence bulletin issued a few months before the Custer State Park shootings.The bulletin, filed in a federal court case, said "a potential war" may be developing between the two groups.It also singled out the 2006 Sturgis Rally as a possible site for violence."The two most significant upcoming summer events that could lead to violence are the HAMC World Run in July 2006 and the Sturgis Motorcycle Rally in August 2006," the bulletin states.Wilson and Midmore's case also was unusual among the two groups because the Outlaws are infrequent participants at Sturgis rallies, Boland said. The Outlaws have shown up in significant numbers only twice, in 1990 and 2006, he said. The FBI report said leaders of the Outlaws ordered members to attend Sturgis in 2006, threatening them with $500 fines and possible demotions in rank if they didn't show up.Most years, though, the Outlaws "don't typically come out west anyway," Boland said. "We don't anticipate them coming back anytime soon."The Hells Angels, however, regularly have a large presence at the rally, he said.
"We have concerns about the Hells Angels all the time. That's a constant," Boland said.If jurors felt intimidated, rule keeps that a secretA new rule that took effect Nov. 1 will protect the identities of jurors who acquitted the men in the Sioux Falls trial.From the start, prospective jurors in the case expressed fear of revenge.
During jury selection, one prospective juror expressed concerns whether "one or the other gangs would take revenge on jurors. Another said "They, I'm sure, stick together. They might seek revenge."However, the new rule may have a downside as well. Without knowing who the jurors are, it's not possible to find answers to a key question: Did fear of retaliation influence their decision?The South Dakota Supreme Court this year decided that all records created during jury selections should be closed to the public unless the trial judge rules otherwise. The rule was partly the result of concerns about identity theft and fears of someone trying to embarrass jurors for the way they answered questions.
Judge Gene Kean on Friday denied an Argus Leader request for names of the jurors in the biker trial, said Court Administrator Karl Thoennes.