Buffalo Judge Questions Conduct of FBI Agent and Fed Prosecutor in Biker Case

By Allan Lengel

A federal magistrate judge in Buffalo this week expressed concern about the conduct of a federal prosecutor and FBI agent, saying the two may have crossed the line while seeking racketeering charges against members and associates of the Chosen Few motorcycle club, the Buffalo News reported.

The paper reported that U.S. Magistrate Judge Jeremiah J. McCarthy stopped short in a decision released Wednesday of accusing the prosecutor and FBI agent of “deliberately and intentionally” taking part in false testimony to a grand jury.

But he said in his decision “the evidence submitted to me thus far is troubling, to say the least.”

The paper reported that allegations center around a key government witness.

The paper reported defense lawyers suggested that FBI agent Kenneth Jensen Jr. and assistant U.S. Attorney Anthony Bruce tried to mislead the grand jury during testimony by Jensen by suggesting that the key government witness was not involved in an attack on a rival biker. The defense raised issue with not only the FBI agent’s testimony but the form of  the  questioning by the prosecutor.

“I suspect that . . . Bruce was motivated more by zeal for the government’s position than by malice toward defendants,” the judge said. “However, there are some lines which not even the most zealous prosecutor may cross.”

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