Jason Alexander Mahoney: Don't Blame Me. Blame Hitler

[Moxley Confidential] Once-proud white-supremacist gangster offers unusual conviction appeal

To place the gang-membership label on Mahoney for jurors, Mendelson used Mike Riley, a law-enforcement gang expert. The DA asked him a loaded, circular-logic, hypothetical question: If an active PEN1 member burglarized a bar, would that prove the burglar was an active gangster committing the crime for the benefit of a gang? Eisler objected. Jensen overruled him, and Riley stated the obvious.

When it was Eisler's turn to cross-examine Riley, he asked if it were possible for individuals tied to a gang—one an associate, the other a former member—to have stolen booze and food one night not for the benefit of a gang. The detective seemed befuddled and testified, "I have a feeling that this scenario is pretty much impossible to put together."

But Mendelson wasn't without his own powerful evidence. He chronicled numerous times the defendant visited the homes of a PEN1 "shot caller" and active members long after he claims he quit the gang. On other occasions, undercover cops saw the defendant in vehicles with active members. The DA, who was honored in 2012 by the Anti-Defamation League (ADL) for combating white-supremacist criminals, also said jail deputies recovered from a PEN1 inmate a 2008 roster of active gang members that included Mahoney.

The defendant dismisses Mendelson's evidence.

"[The record] reflects no gang activity whatsoever on petitioner's part [after 2002], only visiting with people in society who may have been active gang members," the appeal states. "There was nothing criminal here. . . . In sum, the totality of the circumstances in this case cries out for justice."

In late July, Mahoney's appeal landed in the Los Angeles courtroom of U.S. District Court Judge George H. Wu, a former prosecutor and state court judge appointed to the federal bench in 2007 by President George W. Bush. In coming months, the state Attorney General's office will critique the appeal, and a magistrate judge will make recommendations for Wu's consideration.

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22 comments
hakon39
hakon39

Is this guy being tried for being a gang-member, or for stealing some chicken wings?


Let's be real.  He's being tried and shafted with a bogus sentence because he dares to hold a belief that is contrary to what the Oligarchs find acceptable.



belloq1982
belloq1982

To the writer of this article and to the viewers: PEN1 & PDS are two different things. Yes, they might be the same group but PEN1 stands for one things and PDS is a whole other ball game...

liscarkat
liscarkat

Screw the criminal trash. Why does he have to be eligible for parole in only 35 years? Throw away the key on ass wipes like this and the world will be a better place.

sweetliberty17761776
sweetliberty17761776 topcommenter

Most would want to put him away for his association with the Leftist Nazis


But would the same people want the same for one connected to the pro African supremicists aka new black panthers black panthers 

( spare us the ….the black panthers were all about food and education etc) 


and gangsta rappers 



I say the 3 strikes rule is another leftist invention that gives troublemakers mo and mo chances to destroy



emperorwurm
emperorwurm

white supremacists are funny....ignorant, but funny 

cindymorphis69
cindymorphis69

I call Bull Shit on the cops and his 2 B.S strikes. I no I was there for all of them. Jason is a good Dad.

cindymorphis69
cindymorphis69

I call Bull Shit on the cops and his 2 B.S strikes. I no I was there for all of them. Jason is a good Dad.

red.marcy.rand
red.marcy.rand

He's right, crimes should only be punished for being real crimes, not the defendant's beliefs. The prosecutor was wrong to bring up his politics. Only proper subject was his actual crimes.

queenbe123
queenbe123

Please correct me if this is not true, but I am of the understanding that the theft of goods/money over $400 is a felony charge not a misdemenor.

18usc241
18usc241 topcommenter

"Senior Deputy District Attorney Jim Mendelson —a no-nonsense former Marine, veteran prosecutor"

"The prosecutor made it clear on the record that the thought of a law-enforcement officer making an unethical threat was ridiculous."

Mr. Jim Mendelson, I'm a witness to your Orange County, CA law enforcement community engaged in everything from harassment and intimidation to attempted murder (with help from many criminal civilian friends). So as a veteran prosecutor - when you stand before an Orange County Court and deliver this complete nonsense "thought of a law-enforcement officer making an unethical threat was ridiculous" routine are you clueless or are you looking the other way? Same question applies to Mr Rackauckas.

fuckyou
fuckyou

He should be happy he did not get the death penalty.

El_Rapido
El_Rapido

The fact that he got 35 years is very well deserved.  That was his 3rd strike.....his dumbass KNEW that he had 2 previous strikes, and if he got caught doing something else, then the penalties would increase significantly for his 3rd strike.....and if he has money to go out boozing, then he definitely has money to start with the racist tattoo removals and/or coverups.....

949girl
949girl topcommenter

What were his 2 prior felony strikes for?  Did those crimes benefit PEN1?

 Also  I'm confused by this statement: "According to surveillance video, they also secretly removed $442 worth of chicken wings, carne asada and beer from the bar."  

Does this mean that they were caught in the act of stealing (like an armed robbery ) from the kitchen or did the business owner notice the missing items and then comb through surveillance video and they were later identified?  I would like to know how the theft went down.  I'm guessing when the business owner noticed the missing items because if you are going to go through the hassle of holding up a business wouldn't you just take the cash to buy the food instead of making off with cases or kegs of beer and a shit load of food?  Maybe one guy was the diversion while the other went in the kitchen and snuck out..

I'm not defending PEN1 at all or any gang but just because you steal doesn't necessarily mean it's gang related to me.  And I don't know the law very well but I think $442 would be considered petty theft, a misdemeanor.  If a gun was a factor then it's a whole different story.

35 to life seems pretty severe.  Punishment isn't fitting the crime from the details given in the article.  However, if I were to find out his two prior felonies were for something violent then I might have a different stance but if they are theft or drug related this guy, even though he's in PEN1, is getting screwed on his sentence.  

belloq1982
belloq1982

It's "know." NOT no. You want to be viewed as "ghetto" then start learning the English grammar.

queenbe123
queenbe123

@949girl It's my understanding that if the value of stolen goods/money is over $400.00 the crime then becomes a felony.

949girl
949girl topcommenter

ok, I reread the article and it stated "non-violent theft" and "secretly removed" but I still would like to know how the theft went down.  Sounds like the bouncer was sleeping on the job and these guys pulled a fast one...35 years?

18usc241
18usc241 topcommenter

Homework assignment for Mr. Jim Mendelson / Mr Rackauckas./ OC Court judges?

http://rt.com/usa/fbi-crimes-informants-scheme-035/

Hence my public comment: "an endless cycle of criminal insanity where the only winners are these cops with their overtime and jackpot pensions"


rscottmoxley
rscottmoxley topcommenter

@queenbe123 @949girl Right, his convictions included grand theft and felon in possession of a gun. Add the strikes and the gang enhancements and, according to the law, you get the 35 to life sentence.

rscottmoxley
rscottmoxley topcommenter

@949girl @rscottmoxley @queenbe123 According to police reports, on the night of the theft Mahoney and his girlfriend had a wild dispute in their car that attracted the attention of a passing undercover cop. Officers, who recovered the weapon inside the backpack found in the car, charged Mahoney with being a felon in possession of a gun. He did not use the gun during the food and beer theft. In fact, he claims he didn't know that a gun was in the backpack and that it belonged to someone else. The case against him involved the theft, the gun as well as the gang affiliation issues.

949girl
949girl topcommenter

@rscottmoxley @queenbe123 @949girl I thought grand theft was of a higher amount but I guess it starts at $400.  Also, did he have the gun at the time of the crime when the food and beer were stolen?  I'm led to believe he was captured at a later time so how can they prove he had the gun at the time of the theft?  Otherwise wouldn't the possession of the gun be a separate crime not related to the theft?

 
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