New trial denied for convicted SEAL
A federal judge has denied former Navy SEAL Nicholas Bickle’s motion for a new trial, calling the request “entirely without merit.”
Bickle, 34, was convicted in October of most of the counts he faced in an arms trafficking case.
San Diego attorney James Pokorny then filed a motion that sought a new trial for Bickle, a petty officer first class, on several grounds. In the motion, the lawyer argued that Senior U.S. District Judge Roger Hunt admitted improper evidence, including “prejudicial character evidence,” during the Las Vegas trial.
Hunt recently denied the motion.
“Defendant Bickle has provided no basis for this court to vacate the jury’s verdict or grant a new trial,” the judge wrote. “There is no danger that a miscarriage of justice did, has, or will occur.”
According to the order, Bickle “merely recites objections and arguments already considered and rejected by the court.”
During the trial, prosecutors identified Bickle as the ringleader of a conspiracy to deal unlawfully in firearms. They accused him of bringing machine guns and other weapons into the country from Iraq for his own profit.
Bickle was the only military member charged in the case. He remains free pending a Feb. 3 sentencing hearing.
In the motion for a new trial, Pokorny argued that Hunt erred when he allowed prosecutors to show jurors a photograph of Bickle taken when the San Diego-based SEAL was deployed in Iraq.
The photograph depicted Bickle holding an AK-47 in one hand while making an obscene gesture with the other hand, and the defense lawyer argued its admission “amounted to an allowance of improper character evidence.”
Pokorny noted that Hunt previously had granted a defense request to exclude sexual references found in Bickle’s email and text messages.
In his order, Hunt noted that the picture of Bickle with the AK-47 was taken with the man’s own camera and showed that he had access to such weapons while in Iraq. The picture also showed a drum magazine identical to one found in a co-defendant’s garage, according to the order.
“The gesture he complains of was his own doing,” the judge added.
According to the order, the gesture “is so common that it lacks any substantial sexual implications.”
“Furthermore, because defendant introduced the issue of his character by insisting on wearing his dress blue uniform, arrayed with medals, at each and every day of trial, any error caused by the introduction of the picture which included his gesture, was harmless,” the judge wrote.
The jury convicted Bickle of conspiracy, dealing in firearms without a license, four counts of unlawful possession and transfer of machine guns, five counts of unlawful possession and sale of stolen firearms, receiving and retaining property of the United States, and distributing explosives to a nonlicensee.
During the trial, prosecutors introduced 31 machine guns and 13 stolen semiautomatic pistols.
After Bickle was convicted, Hunt allowed him to remain free — against the wishes of prosecutors — while awaiting his sentencing hearing. But the judge ruled that Bickle would be confined to the Naval Amphibious Base near San Diego.
At a November hearing, after learning that the Navy had initiated separation proceedings against Bickle, Hunt ruled that the former SEAL must surrender to the U.S. Marshals Service in Nevada within 24 hours of his separation and remain in custody until the sentencing hearing.
Hunt said Bickle’s confinement to the naval base “was a major part of the reason” he allowed the defendant to remain free pending sentencing.
The judge conducted the hearing after Pokorny filed a motion to modify the conditions of Bickle’s release.
“On October 19, 2011, Mr. Bickle was notified of the Navy’s intent to separate him,” the attorney wrote. “Once he is separated from the Navy, he will no longer be allowed to reside on base.”
Reno attorney John Arrascada, who has joined the defense since the trial, also attended the hearing. He said he assumed the separation, prompted by Bickle’s criminal convictions, will occur before Dec. 28, when Bickle’s contract with the Navy expires.
Assistant U.S. Attorney Phillip Smith revealed during the hearing that Bickle was no longer a SEAL.
Lt. Cmdr. Frank Magallon, public affairs officer for Naval Special Warfare Group One, said in an email Friday that administrative separation proceedings had not been completed for Bickle but are expected to be finalized by next week.
