Cryer, Tommy

[Demosthenes]

Case title: USA v. Cryer
Date Filed: 10/25/2006

--------------------------------------------------------------------------------
Assigned to: Honorable S Maurice Hicks
Referred to: Magistrate Judge Mark L Hornsby

Defendant
Tommy K Cryer (1) represented by George E Harp
509 Marshall St Ste 219
Shreveport, LA 71101
318-424-2003
Fax: 424-2060
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts
Disposition
ATTEMPT TO EVADE OR DEFEAT TAX
(1-2)

Highest Offense Level (Opening)
Felony

Terminated Counts
Disposition
None

Highest Offense Level (Terminated)
None

Complaints
Disposition
None

--------------------------------------------------------------------------------

Plaintiff
USA represented by Earl M Campbell
U S Attorneys Office (Shreveport)
300 Fannin St Ste 3201
Shreveport, LA 71101-3068
318-676-3600
Fax: 318-676-3663
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed # Docket Text
10/25/2006 1 INDICTMENT as to Tommy K Cryer (1) count(s) 1-2. (crt,McInnis, S) (Entered: 10/27/2006)
10/25/2006 2 DEFENDANT INFORMATION SHEET filed under seal as to Tommy K Cryer (crt,McInnis, S) (Entered: 10/27/2006)
10/25/2006 3 INDICTMENT WITH SIGNATURE filed under seal as to Tommy K Cryer (crt,McInnis, S) (Entered: 10/27/2006)
10/25/2006 4 MINUTES for proceedings held before Judge Mark L Hornsby: GRAND JURY REPORT as to Tommy K Cryer; Open indictment; Initial Appearance set for 11/20/2006 10:00 AM before Magistrate Judge Mark L Hornsby. (Court Reporter FTR Digital.) (crt,McInnis, S) (Entered: 10/27/2006)
10/26/2006 5 SUMMONS Issued and filed under seal in case as to Tommy K Cryer. Initial Appearance and Arraignment set for 11/20/2006 10:00 AM before Magistrate Judge Mark L Hornsby. (crt,McInnis, S) (Entered: 10/27/2006)
10/26/2006 6 NOTICE OF ARRAIGNMENT as to Tommy K Cryer: Initial Appearance and Arraignment set for 11/20/2006 10:00 AM before Magistrate Judge Mark L Hornsby. (crt,McInnis, S) (Entered: 10/27/2006)
11/20/2006 7 MINUTES for proceedings held before Judge Mark L Hornsby : ARRAIGNMENT, INITIAL APPEARANCE, and STATUS CONFERENCE as to Tommy K Cryer (1) Count 1-2 held on 11/20/2006, Added attorney George E Harp for Tommy K Cryer. Bond set as to Tommy K Cryer (1) $25,000.00 unsecured, PLEA ENTERED by Tommy K Cryer (1): Not Guilty on counts 1-2. The Government is allowed until 12/4/06 to respond to defendant's Motion to Dismiss Indictment and Motion to Inspect Jury Records. Defendant is allowed until 12/11/06 to reply. The oral motion by Mr. George Harp to enroll as retained counsel for defendant is granted. Magistrate Judge Status Conference set for 12/19/2006 at 10:00 AM before Magistrate Judge Mark L Hornsby. (Court Reporter FTR Digital.) (crt,Meuleman, A) (Entered: 11/20/2006)
11/20/2006 ORAL MOTION for George Harp to Enroll as Counsel by Tommy K Cryer. (crt,Meuleman, A) (Entered: 11/20/2006)
11/20/2006 ORAL ORDER granting Oral Motion to Enroll Counsel George E Harp for Tommy K Cryer as to Tommy K Cryer (1). By Judge Mark L Hornsby on 11/20/06. See 7 Minutes of Arraignment and Initial Appearance. (crt,Meuleman, A) (Entered: 11/20/2006)
11/20/2006 8 APPEARANCE AND COMPLIANCE BOND Entered as to Tommy K Cryer in amount of $ 25,000.00 unsecured. Signed by Judge Mark L Hornsby on 11/20/06. (crt,Meuleman, A) (Entered: 11/20/2006)
11/20/2006 9 MOTION to Dismiss Indictment by Tommy K Cryer. Government's response due 12/4/06. Defendant's reply due 12/11/06. (crt,Meuleman, A) (Entered: 11/20/2006)
11/20/2006 10 MOTION to Inspect Jury Records by Tommy K Cryer. (Attachments: # 1 Brief in Support)(crt,Meuleman, A) (Entered: 11/20/2006)
11/29/2006 11 MOTION for Extension of Time to File Response as to 9 MOTION to Dismiss, 10 MOTION to Inspect by USA as to Tommy K Cryer. (Attachments: # 1 Text of proposed order)(crt,McInnis, S) (Entered: 11/29/2006)
11/30/2006 12 ORDER granting 11 Motion for Extension of Time to File Responses to Motions by USA as to Tommy K Cryer (1). Responses due by 12/15/2006. Signed by Judge Mark L Hornsby on 11/30/06. (crt,McInnis, S) (Entered: 11/30/2006)
12/15/2006 13 RESPONSE to Motion by USA as to Tommy K Cryer re 9 MOTION to Dismiss Indictment. (crt,McInnis, S) (Entered: 12/18/2006)
12/15/2006 14 MOTION for Additional Extension of Deadline to Respond to Defendant's Motion to Inspect Records by USA as to Tommy K Cryer. (Attachments: # 1 Text of proposed order)(crt,McInnis, S) (Entered: 12/18/2006)
12/19/2006 15 ORDER granting 14 Motion for Additional Extension of Deadline to Respond to Defendant's Motion to Inspect Records as to Tommy K Cryer (1). Signed by Judge Mark L Hornsby on 12/19/06. (crt,McInnis, S) (Entered: 12/19/2006)
12/19/2006 Set/Reset Deadlines re Motion or Report and Recommendation in case as to Tommy K Cryer 10 MOTION to Inspect Records. Responses due by 1/12/2006 (crt,McInnis, S) (Entered: 12/19/2006)
12/19/2006 MINUTES for proceedings held before Judge Mark L Hornsby: STATUS CONFERENCE as to Tommy K Cryer held on 12/19/2006. (crt,McInnis, S) (Entered: 12/20/2006)
12/20/2006 16 SCHEDULING ORDER as to Tommy K Cryer: Pretrial Conference set for 3/16/2007 11:00 AM before Honorable S Maurice Hicks. Jury Trial set for 4/9/2007 09:00 AM before Honorable S Maurice Hicks. Motions due by 1/19/2007. Oppositions to motions due by 1/31/07. Foreseeable Issues, Voir Dire and Pattern Jury Instructions due by 3/2/2007. Plea Agreement due by 2/23/2007. Signed by Judge Mark L Hornsby on 12/20/06. (crt,McInnis, S) (Entered: 12/20/2006)
01/09/2007 17 ORDER as to Tommy K Cryer re 9 MOTION to Dismiss Indictment filed by Tommy K Cryer. The Government filed a response to the motion. Defendant ordered to reply to the Government's response on or before 1/16/2007. Signed by Judge S Maurice Hicks on 1/9/07. (crt,McInnis, S) (Entered: 01/09/2007)
01/12/2007 18 RESPONSE to Motion by USA as to Tommy K Cryer re 10 MOTION to Inspect Jury Records (crt,McInnis, S) (Entered: 01/16/2007)
01/18/2007 19 MOTION in Limine by Tommy K Cryer. (Attachments: # 1 Memorandum / Brief)(crt,McInnis, S) (Entered: 01/19/2007)
01/18/2007 20 SECOND MOTION to Dismiss Indictment by Tommy K Cryer. (Attachments: # 1 Memorandum / Brief ; # 2 Exhibits)(crt,McInnis, S) (Entered: 01/19/2007)
01/18/2007 21 THIRD MOTION to Dismiss Indictment by Tommy K Cryer. (Attachments: # 1 Memorandum / Brief ; # 2 Exhibits A-C; # 3 Exhibit D Part 1; # 4 Exhibit D Part 2; # 5 Exhibits E-I)(crt,McInnis, S) (Entered: 01/19/2007)
01/19/2007 22 MOTION to Compel Discovery by Tommy K Cryer. (Attachments: # (1) Exhibit (Meuleman, A). Modified on 1/23/2007 to add correct exhibit. (Meuleman, A). (Entered: 01/22/2007)
01/31/2007 23 MOTION for Extension of Time to File Response as to 20 SECOND MOTION to Dismiss, 21 THIRD MOTION to Dismiss, 19 MOTION in Limine, and 22 MOTION to Compel Discovery by USA as to Tommy K Cryer. (Attachments: # 1 Text of proposed order)(crt,McInnis, S) (Entered: 01/31/2007)
02/01/2007 24 ORDER granting 23 Motion for Extension of Time to File Responses by USA as to Tommy K Cryer (1). Responses to motions due by 2/16/2007. Replies due by 2/23/2007. Signed by Judge Mark L Hornsby on 2/1/07. (crt,McInnis, S) (Entered: 02/02/2007)
02/07/2007 25 FOURTH MOTION to Dismiss Indictment by Tommy K Cryer. (Attachments: # 1 Memorandum Part 1; # 2 Memorandum Part 2; # 3 Text of proposed order)(crt,McInnis, S) (Entered: 02/07/2007)
02/15/2007 26 IN GLOBO RESPONSE to Motion by USA as to Tommy K Cryer re 21 MOTION to Dismiss, 25 MOTION to Dismiss, 20 MOTION to Dismiss, 19 MOTION in Limine, 22 MOTION to Compel (crt,McInnis, S) (Entered: 02/16/2007)
02/22/2007 27 REPLY TO RESPONSE to Motion by Tommy K Cryer re 25 MOTION to Dismiss, 21 MOTION to Dismiss, 19 MOTION in Limine, 20 MOTION to Dismiss, 22 MOTION to Compel (Attachments: # 1 Exhibits)(crt,McInnis, S) (Entered: 02/22/2007)
02/26/2007 MINUTE ENTRY as to Tommy K Cryer re 22 MOTION to Compel filed by Tommy K Cryer. No later than March 1, 2007, the Government is directed to provide the undersigned with a copy of Witness Folder No. 8, for an in camera review, in connection with the pending motion to compel. Signed by Judge Mark L Hornsby on 2-26-07. (jud,Hornsby, Mark) (Entered: 02/26/2007)
02/26/2007 ELECTRONIC ORDER granting in part and denying in part 10 Motion to Inspect as to Tommy K Cryer (1). Defendant shall be granted access to the records concerning the grand jury and petit jury selection process in this District, subject to the confidentiality provisions of 28 USC 1867(f). To the extent Defendant seeks access to records or information covered by the grand jury secrecy provisions of Rule 6(e), the motion is denied on the showing made . Signed by Mag. Judge Mark L Hornsby on 2-26-07. (jud,Hornsby, Mark) (Entered: 02/26/2007)
03/02/2007 28 MOTION for Extension of Time Within Which to File Voir Dire, Issues and Jury Instructions by Tommy K Cryer. (Attachments: # 1 Proposed Order)(crt,Meuleman, A) (Entered: 03/02/2007)
03/02/2007 29 LIST OF FORESEEABLE ISSUES AND REQUESTED JURY INSTRUCTIONS by USA as to Tommy K Cryer (Attachments: # 1 Exhibit A)(crt,Meuleman, A) (Entered: 03/05/2007)
03/06/2007 ELECTRONIC ORDER denying 22 Motion to Compel as to Tommy K Cryer. The undersigned has reviewed, in camera, the contents of Witness Folder # 8 and finds that it contains an intradepartment legal advisory memorandum. The memorandum is work product and is not discoverable. Accordingly, the motion to compel is denied. Signed by Mag. Judge Mark L Hornsby on 3-6-07. (jud,Hornsby, Mark) (Entered: 03/06/2007)
03/06/2007 30 ORDER granting 28 Motion for Extension of Time Within Which to File Voir Dire, Issues and Jury Instructions as to Tommy K Cryer (1). Defendant is afforded until 3/12/07 to file foreseeable issues, voir dire, and jury instructions. Signed by Judge Mark L Hornsby on 3/6/07. (crt,McInnis, S) (Entered: 03/06/2007)
03/06/2007 Set/Reset Scheduling Order Deadlines: as to Tommy K Cryer: Foreseeable Issues, Voir Dire and Pattern Jury Instructions due by 3/12/2007. (crt,McInnis, S) (Entered: 03/06/2007)
03/12/2007 31 TRIAL BRIEF by Tommy K Cryer (crt,McInnis, S) (Entered: 03/13/2007)
03/12/2007 32 PROPOSED JURY INSTRUCTIONS by Tommy K Cryer (crt,McInnis, S) (Entered: 03/13/2007)
03/12/2007 33 PROPOSED VOIR DIRE by Tommy K Cryer (crt,McInnis, S) (Entered: 03/13/2007)
03/13/2007 34 MINUTE ENTRY as to Tommy K Cryer: Pretrial Conference reset for 3/19/2007 11:00 AM before Honorable S Maurice Hicks. Signed by Judge S Maurice Hicks on 3/13/07. (crt,McInnis, S) (Entered: 03/13/2007)

[Demosthenes]

Documents 32, 32, 33

http://www.cheatingfrenzy.com/cryer31.pdf
http://www.cheatingfrenzy.com/cryer32.pdf
http://www.cheatingfrenzy.com/cryer33.pdf

[wserra]

Demo - those links don't work.

I took a look at Cryer's requested jury instructions (on PACER). He requests a charge on the anti-injunction act. Why, you may ask (as I did)? Then you come on a couple of others - specifically, how one must make up his own mind as to whether paying taxes is required, since the "civil courts" are supposedly unavailable to decide the question. It certainly appears that Cryer wants to argue that he would have been thrilled, thrilled to litigate over his responsibility to pay taxes, but was prevented by anti-injunction.

I don't think the judge will permit that.

And then there are his seven separate requested charges as to willfullness.

I think the judge is much more likely to give just one.

He also requests charges addressing freedom of speech and the right to petition.

I doubt it.

Moral: yet another brave TP ducking behind Cheek, something I think particularly difficult for a lawyer.

I hear that train a'comin'.

[Demosthenes]

Demo - those links don't work.

All fixed.

[wserra]

Bringing the Cryer saga up to date: by order filed March 19, Judge Hicks denied Cryer's four separate motions to blather^H^H^H^H^H^H^Hdismiss (just the last of which was 112 pages) in less then three pages, one cite for each motion. Denied, denied, denied, denied. Trial is set for July 9.

What a travesty.

By a memo filed last week, the government has already addressed what appears likely - that Cryer will attempt to argue the meaning or validity of the tax laws to the jury, rather than just the Cheek good faith belief. It points out what Demo and I were discussing above - how difficult it is for a lawyer to argue that he had a good faith misunderstanding of the tax laws.

Cryer should pack his toothbrush.

[Imalawman]

More blather about Mr. Cryer and new youtube videos.

http://yannone.blogspot.com/2007/05/lou ... s-and.html

[Demosthenes]

03/19/2007 35 MEMORANDUM ORDER denying 9 Motion to Dismiss as to Tommy K Cryer (1); denying 20 Motion to Dismiss as to Tommy K Cryer (1); denying 21 Motion to Dismiss as to Tommy K Cryer (1); denying 25 Motion to Dismiss as to Tommy K Cryer (1) . Signed by Judge S Maurice Hicks on 3/19/07. (crt,McInnis, S) (Entered: 03/19/2007)

03/19/2007 36 MINUTES for proceedings held before Judge S Maurice Hicks: PRETRIAL CONFERENCE as to Tommy K Cryer held on 3/19/2007. The jury trial is hereby upset. The matter is referred to the Magistrate Judge to reset a trial date and associated deadlines. (crt,McInnis, S) (Entered: 03/19/2007)

03/19/2007 ORAL ORDER denying 19 Motion in Limine as to Tommy K Cryer (1). By Judge S Maurice Hicks on 3/19/07. (crt,McInnis, S) (Entered: 03/19/2007)

03/28/2007 37 SUPERSEDING INDICTMENT as to Tommy K Cryer (1) count(s) 1s-2s, 3s-4s. (crt,McInnis, S) (Entered: 03/30/2007)

03/28/2007 38 SUPERSEDING INDICTMENT WITH SIGNATURE filed under seal as to Tommy K Cryer (crt,McInnis, S) (Entered: 03/30/2007)

03/28/2007 39 DEFENDANT INFORMATION SHEET filed under seal as to Tommy K Cryer (crt,McInnis, S) (Entered: 03/30/2007)

03/28/2007 40 MINUTES for proceedings held before Judge Mark L Hornsby: GRAND JURY REPORT as to Tommy K Cryer; Summons to issue for Arraignment set for 4/19/2007 02:30 PM before Magistrate Judge Mark L Hornsby. (Court Reporter FTR Digital.) (crt,McInnis, S) (Entered: 03/30/2007)

03/28/2007 41 SUMMONS Issued and filed under seal in case as to Tommy K Cryer (crt,McInnis, S) (Entered: 03/30/2007)

03/29/2007 42 NOTICE OF HEARING as to Tommy K Cryer: Arraignment set for 4/19/2007 02:30 PM before Magistrate Judge Mark L Hornsby. (crt,McInnis, S) (Entered: 03/30/2007)

04/03/2007 43 SUMMONS Returned Executed on 4/2/07 as to Tommy K Cryer (crt,Meuleman, A) (Entered: 04/04/2007)

04/19/2007 44 MINUTES for proceedings held before Judge Mark L Hornsby: ARRAIGNMENT as to Tommy K Cryer (1) Count 1s-2s,3s-4s held on 4/19/2007. PLEA ENTERED by Tommy K Cryer: Not Guilty on counts 1s-2s, 3s-4s. Jury Trial set for 7/9/2007 09:00 AM before Honorable S Maurice Hicks. Pretrial Conference set for 6/20/2007 02:00 PM before Honorable S Maurice Hicks. (Court Reporter FTR Digital.) (crt,McInnis, S) (Entered: 04/20/2007)

04/19/2007 45 AMENDED SCHEDULING ORDER as to Tommy K Cryer: Pretrial Conference set for 6/20/2007 at 02:00 PM in Chambers before Honorable S Maurice Hicks. Jury Trial set for 7/9/2007 at 09:00 AM before Honorable S Maurice Hicks. Motions due by 5/18/2007. Oppositions to motions are due 5/31/07. Any reply shall be filed by 6/5/07. Plea Agreement due by 6/13/2007. Signed by Judge Mark L Hornsby on 4/19/07. (crt,Meuleman, A) (Entered: 04/20/2007)

04/19/2007 MINUTES for proceedings held before Judge Mark L Hornsby : STATUS CONFERENCE as to Tommy K Cryer held on 4/19/2007; Counsel for defendant made an oral motion to continue the trial of this case beyond the 70 days allowed by the Speedy Trial Act. The court finds that the ends of justice served by granting this continuance outweigh the public's and defendant's rights in a speedy trial. See 45 Amended Scheduling Order. (crt,Meuleman, A) (Entered: 04/20/2007)

04/19/2007 ORAL MOTION to Continue Trial Beyond the 70 Days Allowed by the Speedy Trial Act by Tommy K Cryer. (crt,Meuleman, A) (Entered: 04/20/2007)

04/19/2007 ORAL ORDER granting Oral Motion to Continue Trial Beyond 70 Days Allowed by the Speedy Trial Act as to Tommy K Cryer (1). By Judge Mark L Hornsby on 4/19/07. See 45 Amended Scheduling Order. (crt,Meuleman, A) (Entered: 04/20/2007)

04/25/2007 MAIL RETURNED as Undeliverable: Mail sent to George E Harp, 509 Marshall St Ste 219, Shreveport, LA, re: 45 Scheduling Order and 44 Minutes of Arraignment returned marked: Not deliverable as addressed; Unable to forward. Action taken: Updated Mr Harp's address and re-sent documents on 4/27/07. (crt,McInnis, S) (Entered: 04/26/2007)

05/08/2007 46 MOTION in Limine by USA as to Tommy K Cryer. (Attachments: # 1 Memorandum / Brief ; # 2 Exhibits)(crt,McInnis, S) (Entered: 05/08/2007)

05/18/2007 47 MOTION to Re-urge Motions re 9 MOTION to Dismiss, 10 MOTION to Inspect, 19 MOTION in Limine, 21 THIRD MOTION to Dismiss, and 25 FOURTH MOTION to Dismiss by Tommy K Cryer (no order). (crt,McInnis, S) (Entered: 05/21/2007)

05/18/2007 48 MOTION to Dismiss Indictment for Duplicity by Tommy K Cryer (no order). (Attachments: # 1 Memorandum / Brief)(crt,McInnis, S) (Entered: 05/21/2007)

05/18/2007 49 MOTION to Dismiss All Counts of Indictment by Tommy K Cryer (no order). (Attachments: # 1 Memorandum / Brief)(crt,McInnis, S) (Entered: 05/21/2007)

05/31/2007 50 MOTION for Extension of Time to File Response as to 46 MOTION in Limine by Tommy K Cryer. (Attachments: # 1 Text of proposed order)(crt,McInnis, S) (Entered: 05/31/2007)

06/01/2007 51 MOTION for Extension of Time to File Response to Defendant's Motions by USA as to Tommy K Cryer. (Attachments: # 1 Text of proposed order)(crt,McInnis, S) (Entered: 06/04/2007)

06/05/2007 52 ORDER granting 51 Motion for Extension of Time to File Response/Reply as to Tommy K Cryer (1). Responses due by 6/11/2007. Signed by Judge S Maurice Hicks on 6/5/07. (crt,Meuleman, A) (Entered: 06/05/2007)

06/07/2007 53 MEMORANDUM in Opposition by Tommy K Cryer re 46 MOTION in Limine (crt,McInnis, S) (Entered: 06/07/2007)

06/07/2007 54 ORDER granting 50 Motion for Extension of Time to File Response/Reply as to Tommy K Cryer (1). Responses due by 6/7/2007. Replies due by 6/12/2007. Signed by Judge S Maurice Hicks on 6/7/07. (crt,McInnis, S) (Entered: 06/07/2007)

06/11/2007 55 RESPONSE to Motion by USA as to Tommy K Cryer re 47 MOTION to Re-urge Motions, 48 MOTION to Dismiss, and 49 MOTION to Dismiss, and REPLY to Response to 46 MOTION in Limine. (crt,McInnis, S) (Entered: 06/11/2007)

06/13/2007 56 LIST OF FORESEEABLE ISSUES and Proposed Jury Instructions by USA as to Tommy K Cryer (Attachments: # 1 Exhibits)(crt,McInnis, S) Modified text on 6/14/2007 (McInnis, S). (Entered: 06/14/2007)

[Demosthenes]

06/15/2007 57 MOTION for Lowell H. Becraft, Jr. to Appear Pro Hac Vice. by Tommy K Cryer. (aty,Becraft, Lowell) Modified on 6/15/2007 to indicate that Declaration and Certificate of Good Standing included within pdf of main document. No proposed order and no fee accompanied this motion. (Meuleman, A). (Entered: 06/15/2007)

06/15/2007 59 MOTION for Lowell H Becraft Jr to Appear Pro Hac Vice by Tommy K Cryer (no order). FEE PAID. (crt,McInnis, S) (Entered: 06/18/2007)

06/18/2007 58 ORDER denying 57 Motion to Appear Pro Hac Vice by Lowell H Becraft Jr as to Tommy K Cryer (1) for failure to pay the fee required by LR83.2.6W. Signed by Judge S Maurice Hicks on 6/18/07. (crt,McInnis, S) (Entered: 06/18/2007)

06/18/2007 RECEIVED FUNDS: as to Tommy K Cryer in the amount of $25.00, receipt number 54635007064, as payment for Pro Hac Vice Appearance (crt,Luce, Tori) (Entered: 06/18/2007)

06/19/2007 60 ORDER granting 59 Motion to Appear Pro Hac Vice for appearance of Lowell H Becraft, Jr for Tommy K Cryer . Signed by Judge S Maurice Hicks on 6/19/07. (crt,McInnis, S) (Entered: 06/19/2007)

06/20/2007 61 Emergency MOTION to Continue pre-trial conference by Tommy K Cryer. (Attachments: # 1 Text of proposed order)(aty,Becraft, Lowell) (Entered: 06/20/2007)

06/20/2007 62 ORDER denying 47 Motion to Re-urge Previously Filed Motions as to Tommy K Cryer (1). Signed by Judge S Maurice Hicks on 6/20/07. (crt,McInnis, S) (Entered: 06/20/2007)

06/20/2007 63 MEMORANDUM RULING granting 48 Motion to Dismiss Counts 3 and 4 of the superseding indictment as to Tommy K Cryer (1). Signed by Judge S Maurice Hicks on 6/20/07. (crt,McInnis, S) (Entered: 06/20/2007)

06/20/2007 64 ORDER denying 49 Motion to Dismiss All Counts of the Indictment as to Tommy K Cryer (1). Signed by Judge S Maurice Hicks on 6/20/07. (crt,McInnis, S) (Entered: 06/20/2007)

06/20/2007 65 ORDER granting 61 Emergency Motion to Continue pretrial conference as to Tommy K Cryer (1). The pretrial conference is reset for 6/27/07 at 10:00 AM. Mr Becraft, together with local counsel, shall participate in person. No further extensions or continuances will be granted. Signed by Judge S Maurice Hicks on 6/20/07. (crt,McInnis, S) (Entered: 06/20/2007)

06/20/2007 Set/Reset Hearings as to Tommy K Cryer: Pretrial Conference reset for 6/27/2007 10:00 AM before Honorable S Maurice Hicks. (crt,McInnis, S) (Entered: 06/20/2007)

Document 63:

http://www.cheatingfrenzy.com/cryer63.pdf

[Dr. Caligari]

That decision looks correct to me (even if other circuits disagree)-- a defendant should not be convicted of both tax evasion (7201) and failure to file (7203) for the same year. The dismissal will not seriously prejudice the Government, because the jury will be charged on the misdemenaors as lesser-included offenses.

[wserra]

I do think it apt that the Supreme Court ruling which saved Cryer from the horrible fate of being indicted for two lesser-included offenses was Schmuck v. United States, 489 US 705 (1989).

Perhaps he should also cite Putz v. Nebraska, 540 US 1016 (2003).

[Dr. Caligari]

Perhaps he should also cite Putz v. Nebraska, 540 US 1016 (2003).

No fair citing a non-existent case.

[wserra]

Perhaps he should also cite Putz v. Nebraska, 540 US 1016 (2003).

No fair citing a non-existent case.

I wouldn't do that, Doc.

I might cite a cert denied if the name was appropriate, though.

[ErsatzAnatchist]

The Cryer trial was supposed to start today. Any news on whether or not it went forward. I need to taunt someone over on another board when Cryer is convicted.

[Demosthenes]

06/27/2007 66 MINUTES for proceedings held before Judge S Maurice Hicks: PRETRIAL CONFERENCE as to Tommy K Cryer held on 6/27/2007. Jury Trial set for 7/9/2007 09:00 AM before Honorable S Maurice Hicks and is first on the docket. Trial is expected to last three to four days. (crt,McInnis, S) (Entered: 06/28/2007)

06/29/2007 67 PROPOSED JURY VERDICT by Tommy K Cryer (crt,McInnis, S) (Entered: 06/29/2007)

06/29/2007 68 EXHIBIT LIST by Tommy K Cryer (crt,McInnis, S) (Entered: 06/29/2007)

06/29/2007 69 PROPOSED JURY INSTRUCTIONS by defense and brief by Tommy K Cryer (Attachments: # 1 Memorandum / Brief)(aty,Becraft, Lowell) (Entered: 06/29/2007)

07/02/2007 70 MINUTE ENTRY as to Tommy K Cryer: The Court has received defendant's 68 proposed exhibit list. The defendant is hereby ordered to provide the Court an exhibit book which contains hard copies of the proposed exhibits by 5:00 PM on 7/3/07. The government has until 5:00 on 7/5/07 to supplement its pending 46 MOTION in Limine. Oral argument on the pending motion is set for 7/6/2007 10:30 AM before Honorable S Maurice Hicks. Signed by Judge S Maurice Hicks on 7/2/07. (crt,McInnis, S) (Entered: 07/02/2007)

07/03/2007 71 RESPONSE by USA as to Tommy K Cryer re 69 Proposed Jury Instructions filed by Tommy K Cryer. (crt,McInnis, S) (Entered: 07/05/2007)

07/05/2007 72 PROPOSED VOIR DIRE by Tommy K Cryer (aty,Becraft, Lowell) (Entered: 07/05/2007)

07/05/2007 73 SUPPLEMENTAL MOTION in Limine and Rule 404(b) Notice by USA as to Tommy K Cryer. (Attachments: # 1 Exhibits)(crt,McInnis, S) (Entered: 07/06/2007)

07/08/2007 74 TRIAL BRIEF by Tommy K Cryer (aty,Becraft, Lowell) (Entered: 07/08/2007)

[Demosthenes]

Tom Cryer Trial - Day One
Written by djahn
Monday, 09 July 2007

Trial started today with the announcement that the DOJ wanted to abandon the two evasion charges, felonies, and prosecute instead on two counts of failure to file.

A jury was selected this afternoon. You never know whether you've done well or poorly until you get the outcome.

Tomorrow starts with evidence and the gov't should wrap up early in the day and then it's Mr Cryer's turn. He is ready to go. The only question remaining is how successful they will be in stopping him from telling the truth.

We'll convey more as it comes available.

[Cobalt Shiva]

But what if I don't to play the Crying Game?

[davidd1501]

Tom Cryer Trial - Day Two
Written by djahn
Wednesday, 11 July 2007
Here is an update we received from those in attendance.
###


Day Two started with the government presenting its case in the morning session and Tom taking the stand and offering his direct testimony until the close of yesterday's proceedings...

The government first brought an IRS supervisor to the stand... her testimony established the paperwork flow and indicated that Tommy filed "employer" documentation for his "employee" but did not file his individual returns.

Next was Tommy's secretary... she did not show up as a hostile witness towards the prosecution... but in the same breath, she did not give the government any help when she testified that she fills out all of her own IRS forms required of the employer, and even writes and signs most of the checks!

The DOJ tried to get in a point in that area... and she said that Tommy gave her the option to file or not-- then he abruptly stopped her... then on another question... she added that it was her choice to file even after she found out that there was no law making her liable-- where of course, he cut her off again.

The CPA took the stand and testified to profit and loss statements related to Tommy's practice of law... he simply established the numbers but never stated with authority to the lawful and legal definition of income... Larry was able to establish that the CPA had only a very insignificant understanding of the IRC.

The government's final witness was an IRS "special agent" in the Criminal Investigation Division who testified to the 'audits' of Tom's business and on Larry's cross-exam made it clear that the 'Code" is enormous and he only knew small bits and pieces of some of it... The IRS used Section 61 of the IRC to prop up its claim of liability to file and pay income taxes... but failed to clarify the first three words of Section 61... which state, "Unless otherwise provided..."

After lunch Tom took the stand...

There were some fireworks during Tom's testimony and the judge was clearly aggravated with the rule of law being presented in 'his' courtroom... and several times stopped Tom's testimony. One of those times the judge brought up the "Cheek" ruling where Larry and the judge went around and around on Tom's right to present his beliefs to the jury.

The judge overruled an objection of the prosecutor on another occasion but also warned Larry about the "very narrow" path he's taking the case and will not allow Tom to argue that the IRS is unconstitutional... which of course Tom never intended to do and has not done in the least.

Day Two ended with the judge calling counsel into the judge's chamber and unloading... venting his frustration mainly aimed at Larry and Tom taking over the courtroom and plowing ahead with getting the Internal Revenue Code... the Code of Federal Regs, the Constitution and a plethora of Supreme Court cases in front of the jury.

At the close of yesterday's hearing... the judge ordered Larry to turn over Tom's notes and research to the DOJ as the court believed that Tom's notebook filled with law and supporting Supreme Court cases was "discovery" and therefore the DOJ was entitled to it...

Larry quickly agreed to that and even told the court that it would be a very good thing for the prosecutor to read and urged the prosecutor to read it carefully and essentially looked forward to seeing more of it in the record and presented to the jury during cross-examination of Tom's beliefs.

Day three promises to be very interesting! The parties will meet prior to the start to discuss jury instructions before the jury is brought in and seated. The DOJ opens day three with cross-examination and Larry's re-direct may well occur before noon and closing arguments will surely take place before the close of today's proceedings...

Please let everyone know that http://www.truthattack.org will be providing you with exclusive MP3 audio interviews with Larry, Tommy (if possible) and attendees of the court proceedings and anyone else that I can get my microphone in front of today!

[circle456]

Even though the "Court" disallowed Cryer from introducing the Internal Revenue Code in to evidence, Mr. Cryer was verbally able to get enough information to the attention of the Jury that they voted to Acquit. Unlike Irwin Schiff, or Ed and Elaine Brown, Mr. Cryer is an Attorney and skilled at getting ideas through to a listener. Jury: NOT GUILTY !!

I've recently learned of another case, Huerto, I believe, in which Mr. Huerto offered to plead "Guilty" to 7203 charges. But, since 26 USC 7203 is a penalty section, Huerto asked the Prosecutor to produce the underlying liability statute so that he could learn what it was he would be pleading guilty to.

OOOOPS......DOJ couldn't find one; CASE DISMISSED !!

[Demosthenes]

Too bad for Cryer, he still has to pay all the taxes, penalties, and interest for those tax years.

[wserra]

Jury: NOT GUILTY !!

No one - least of all you - who is not on the jury knows why they acquit.

I've recently learned of another case, Huerto, I believe, in which Mr. Huerto offered to plead "Guilty" to 7203 charges.

The PACER listing for criminal cases named "Huerto":

Name Court Case No. Filed Closed
1 HUERTO ordce 3:1999cr00054 01/27/1999 07/02/1999
2 HUERTO cacdce 2:2001mj04243 06/04/2001
3 HUERTO, ISIDRO wiedce 2:2003cr00047 03/05/2003 06/27/2003
4 HUERTO, ROBERTO azdce 2:2007cr00190 02/14/2007
5 HUERTO, ROBERTO azdce 2:2007mj01344 01/30/2007
6 HUERTO-CORDERO, JOSE nhdce 1:2002cr00198 12/18/2002 07/16/2003
7 HUERTO-MOLINA, GRACIELA cacdce 2:1992mj01341 07/07/1992

One of those is conspiracy to distribute methamphetamine, another conspiracy to distribute crack, and the rest illegal re-entry after deportation. Friends of yours?

Any other rumors you'd like to post?

Good Germans turned in their guns.

Dead Germans fired hunting rifles at Panzers. Do you have a point?