PORTLAND, Ore. (CN) — Two Oregon motorcycle club members serving life sentences for kidnapping, torturing and murdering an ousted member asked a Ninth Circuit panel on Friday for another chance at a trial, with one arguing his brain injury made him unable to form the intent required for a conviction.
“Our position is that the defense should have been given the opportunity to create reasonable doubt, particularly in a case where a defendant faces a mandatory life sentence that the district court said it would not have imposed had it had a choice,” argued Elizabeth Daily with the Federal Public Defender’s Office.
Daily represents Chad Erickson, a member of the Gypsy Joker Outlaw Motorcycle Club — a group the government has described as a ruthless and violent gang. Joining the appeal is Mark Dencklau, who served as the president of the club’s Portland chapter from 2003 until his arrest in 2018.
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