PIERRE - The lawyer representing two Hells Angels bikers charged with starting a gunfight that injured six rivals should not be allowed to meet secretly with the judge, prosecutors argued Tuesday before the South Dakota Supreme Court.

Chad Wilson, 32, of Lynnwood, Wash., and John Midmore, 34, of Valparaiso, Ind., are accused of firing at least 16 shots at Outlaws Motorcycle Club members Aug. 8, 2006, at Legion Lake Resort in Custer State Park, where the Outlaws gathered for the Sturgis motorcycle rally 70 miles away.

Beadle County State's Attorney Michael Moore, acting as a special prosecutor, told justices they should reverse a ruling by Circuit Judge John Delaney Sr. to allow the defense to examine a pickup because the process was done in secret.

The high court should also tell the judge to follow procedure and not hold more closed meetings on defense requests to test evidence in the case, Moore argued.

"The trial court abused its discretion," he said.

"The state deserves an opportunity to address the court."

There are times that so-called ex parte motions and hearings outside the presence of prosecutors are warranted, but that was not the case with the request to examine the pickup, Moore said.

But defense lawyer Robert Van Norman of Rapid City argued that the motion, hearing and ruling without prosecution knowledge was needed so the state didn't learn the defense's strategy.

The trial was looming and his clients had already been in jail about a year, he said.

"We needed to get it done," Van Norman said of the need to expedite the process.

When Justice Steven Zinter asked whether that was sufficient reason to exclude the prosecution, Van Norman said he also needed to protect information about the truck provided by a confidential source.

"I'm in a funny position," he said.

Victims and witnesses told investigators that a white quad-cab pickup stopped near the group and a man got out and started firing a handgun, then an Outlaws member returned fire on the truck as it sped away.

Spent shell casings, bullets, bullet fragments and a Smith & Wesson handgun were found near the scene, according to court documents.

Wilson and Midmore were arrested that evening after they told an off-duty park ranger their Ford F-350 pickup had broken down and they needed a ride.

Wilson is a member of the Dago Chapter of the Hells Angels motorcycle club in San Diego and Midmore is a prospect of the Haney Chapter of the Hells Angels in British Columbia, Canada, according to court documents.

Both men are charged with multiple counts, including conspiracy, aiding and abetting, and commission of a felony while armed. Wilson is also charged with five counts of attempted first-degree murder, which indicates investigators think he pulled the trigger.

The five Outlaws who were shot are: Thomas Hass, Al Mathews, Danny Neace, Claudia Wables and Susan Evans-Martin. Another woman, Crystal Schuster, suffered injuries unrelated to a gunshot. Their addresses are not listed in court documents.

Wilson and Midmore are being held without bond at the county jail in Rapid City.

Their trial in Custer has been delayed several times and all proceedings in the case are on hold until the Supreme Court rules on the appeal heard Tuesday, which will take at least a month.