Buhtz, Barton

[Demosthenes]

U.S. District Court
District of Oregon (Medford)
CRIMINAL DOCKET FOR CASE #: 1:05-cr-30047-PA-1

Case title: USA v. Buhtz et al
Date Filed: 09/09/2005

--------------------------------------------------------------------------------
Assigned to: Judge Owen M. Panner
Referred to: Magistrate Judge John P. Cooney

Defendant
Barton Albert Buhtz (1) represented by Lynn K. Shepard
Shepard & Wagner, PC
66 Club Road
Suite 200
Eugene, OR 97401
(541) 485-3222
Fax: (541) 344-7487
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: CJA Appointment

Tonia L. Moro
Federal Public Defender's Office
15 Newtown Street
Medford, OR 97501
(541) 776-3630
Fax: (541) 776-3624
TERMINATED: 12/18/2006
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Public Defender or Community Defender Appointment

Pending Counts
Disposition
CONSPIRACY TO DEFRAUD THE UNITED STATES and PASS FICTITIOUS INSTRUMENTS
(1)
FICTITIOUS OBLIGATIONS INTENDED TO DEFRAUD
(2-4)
FICTITIOUS OBLIGATIONS INTENDED TO DEFRAUD
(8-13)

Highest Offense Level (Opening)
Felony

Terminated Counts
Disposition
None

Highest Offense Level (Terminated)
None

Complaints
Disposition
None

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

Plaintiff
USA represented by William E. Fitzgerald
United States Attorney's Office
405 E. Eighth Avenue
Suite 2400
Eugene, OR 97401
(541) 465-6846
Fax: (541) 465-6582
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed # Docket Text
09/09/2005 1 Motion to Seal Indictment filed by USA as to Barton Albert Buhtz, Rebecca Adelle Shollenburg, Steven Douglas Shollenburg, Richard Roy Aquila, Steven Dale Kelton. (Koble, Wendy) (Entered: 09/11/2005)
09/09/2005 2 ORDER Granting 1 Motion to Seal as to Barton Albert Buhtz (1), Rebecca Adelle Shollenburg (2), Steven Douglas Shollenburg (3), Richard Roy Aquila (4), Steven Dale Kelton (5) by Judge John P. Cooney signed on 9/9/05. (Koble, Wendy) (Entered: 09/11/2005)
09/09/2005 3 Sealed Indictment as to Barton Albert Buhtz (1) Counts 1, 2-4, 8-13; Rebecca Adelle Shollenburg (2) Counts 1, 2-4, 9-10; Steven Douglas Shollenburg (3) Counts 1, 5-7, 9-10; Richard Roy Aquila (4) Counts 1, 3; Steven Dale Kelton (5) Counts 1, 4, 8, 12. (Koble, Wendy) (Entered: 09/11/2005)
09/11/2005 Arrest Warrant Issued as to Barton Albert Buhtz by Judge John P. Cooney. Detention Requested. (Koble, Wendy) (Entered: 09/11/2005)
11/17/2006 5 Scheduling Order as to Barton Albert Buhtz. Initial Appearance and Arraignment are set for 11/27/2006 at 01:30PM in Medford before Magistrate Judge John P. Cooney. By Judge John P. Cooney. (wk) (Entered: 11/24/2006)
11/27/2006 15 Minutes of Proceedings:First Appearance and Arraignment of Barton Albert Buhtz (1) on Counts 1, 2-4, 8-13 before Judge John P. Cooney held on 11/27/2006; Defendant advised of rights and charges; Not guilty plea entered by the Court; Order appointing Tonia Moro as stand-by counsel for defendant; Detention Hearing held, defendant released subject to conditions; further arraignment hearing set before Judge Panner at 10:30 a.m, 11/30/2006; Jury Trial is set for 1/24/2007 at 09:00AM in Medford before U. S. District Judge Michael R Hogan. Status Conference is set for 1/2/2007 at 01:30PM in Medford before Judge Owen M. Panner.Counsel Present for Plaintiff: Douglas Fong.Counsel Present for Defendant: Tonia Moro as stand-by counsel.(Court Reporter Melanie Savord) (wk) (Entered: 11/27/2006)
11/27/2006 Scheduling Order as to Barton Albert Buhtz. Additional arraignment is set for 11/30/2006 at 10:30AM in Medford before Judge Owen M. Panner. By Judge John P. Cooney. (wk) (Entered: 11/27/2006)
11/27/2006 17 Order Setting Conditions of Release as to Defendant Barton Albert Buhtz by Judge John P. Cooney, signed on 11/27/2006. (wk) (Entered: 11/29/2006)
11/28/2006 16 "Affidavit of Truth" filed by Barton Albert Buhtz. (wk) (Entered: 11/29/2006)
11/28/2006 18 Arrest Warrant Returned Executed on 11/16/2006 as to Barton Albert Buhtz. (wk) (Entered: 11/29/2006)
11/30/2006 23 Minutes of Proceedings:Arraignment held on 11/30/2006 before Judge Owen M. Panner for Defendant Barton Albert Buhtz on Counts 1, 2-4, 8-13. Defendant advised of rights and charges; Defendant did not enter a plea at this time; Order confirming trial date of 1/24/2007; Conference to determine status of defendant's representation is set for 12/11/2006 at 10:00AM by telephone before Judge Owen M. Panner. Defendant's pretrial release is continued; defendant is ordered to report to the U.S. Marshal for processing; the Federal Defender is directed to secure temporary panel representation for defendant. Counsel Present for Plaintiff: Douglas Fong and William Fitzgerald.Counsel Present for Defendant: Pro se and Donnal Mixon.(Court Reporter Cynthia Thomas-Klosterman) (wk) (Entered: 12/01/2006)
11/30/2006 24 " Motion for Citizen's Demand for Trial by Jury" by Barton Albert Buhtz (wk) (Entered: 12/01/2006)
11/30/2006 25 "Motion to Claim and Exercise Constitutional Rights and Reguire the Presiding Judge to Rule upon this Motion and All Public Officers of this Court to Uphold Said Right" by Barton Albert Buhtz. (wk) (Entered: 12/01/2006)
11/30/2006 26 "Motion to Demand this Court Read all Pleadings Buhtz Files with this Court and Adhere Only to Constitutionally Complaint Law and Case Law and More Particularly, the Bill of Rights, in its Rulings" by Barton Albert Buhtz. (wk) (Entered: 12/01/2006)
11/30/2006 27 "Judicial Notice" by Barton Albert Buhtz. (wk) (Entered: 12/01/2006)
12/11/2006 28 Response to Court's direction to obtain representation [23] by Barton Albert Buhtz. (wk) (Entered: 12/11/2006)
12/11/2006 29 Record of Order regarding Response 28 filed by Defendant Barton Albert Buhtz, by Judge Owen M. Panner. (wk) (Entered: 12/12/2006)
12/18/2006 30 CJA 20 for Appointment of Attorney Lynn K. Shepard as counsel for Barton Albert Buhtz. By Judge John P. Cooney signed effective 12/1/2006. (wk) (Entered: 12/19/2006)
12/18/2006 40 Transcript of Proceedings as to Barton Albert Buhtz for the hearing held on 11/22/2006 before Judge Owen M. Panner. Court Reporter: Cynthia Thomas-Klosterman. (wk) (Entered: 12/22/2006)
12/19/2006 31 "Judicial Notice Motion for Expedited Hearing" filed by Barton Albert Buhtz. (wk) (Entered: 12/19/2006)
12/19/2006 32 "Motion for Expedited Hearing to Demand this Court Read All Pleadings Buhtz Files With this Court, and Adhere Only to Constitutionally Compliant Law and Case Law, and More Particularly, The Bill of Rights, in its Rulings" filed by Barton Albert Buhtz. (wk) (Entered: 12/19/2006)
12/19/2006 33 "Motion for Expedited Hearing for Citizen's Demand for Trial by Jury" filed by Barton Albert Buhtz. (wk) (Entered: 12/19/2006)
12/19/2006 34 "Motion for Expedited Hearing to Claim and Exercise Constitutional Rights and Require the Presiding Judge to Rule Upon this Motion, and All Public Officers of This Court to Uphold Said Right" filed by Barton Albert Buhtz. (wk) (Entered: 12/19/2006)
12/19/2006 35 "In re: Grand Jury Indictment No. CR 05-30047 (MJ 06-1999) Motion for Expedited Hearing for More Definite Statement Brought by Special Visitation For Barton Albert: Buhtz, Living, Breathing Man" filed by Barton Albert Buhtz. (wk) (Entered: 12/19/2006)
12/19/2006 36 Order upon appearance of counsel on behalf of defendant Buhtz, VACATING the 12/20/2006 appearance of Barton Albert Buhtz scheduled by Order 29. By Judge Owen M. Panner. (wk) (Entered: 12/19/2006)
12/20/2006 37 "Affidavit of Truth" filed by Barton Albert Buhtz. (wk) (Entered: 12/20/2006)
12/20/2006 38 Record of Order as to Barton Albert Buhtz regarding documents 35, 26, 24, 28, 27 and 25, filed by Defendant Barton Albert Buhtz, and the court's Order 29. Defendant Buhtz complains that the court has failed to respond to some of his "motions". The court construed one letter 28 from Buhtz as a motion to resubmit the indictment. The court denied that motion 29. The court also construed defendant's letter as containing a request to represent himself. The court responded by setting a hearing on that request, which was vacated upon appointment of counsel for defendant on 12/19/2006. Defendant Buhtz requested trial by jury 24. The court set a jury trial. The other "motions 25, 26 and 27 were really speeches rather than true motions. The court determined no response was necessary, but did direct the clerk to docket those items so the record will be complete. Defendant also has filed a "Motion for More Definite Statement Brought by Special Visitation" 35 which, inter alia, demands a definition of the terms "United States of America" and "person". That motion is denied. By Judge Owen M. Panner. (wk) (Entered: 12/20/2006)
12/27/2006 Administrative Correction of the Record: A clerical error pursuant to Fed. R. Crim. P 36 has been discovered in the case record referencing document 40 and the Clerk is directed to make the following administrative corrections to the record and to notify all parties accordingly: The transcript filed 12/18/2006 was for the hearing held on 11/30/2006, rather than 11/22/2006. By Judge John P. Cooney. (wk) (Entered: 12/27/2006)
12/27/2006 42 ORDER Granting unopposed Motions to Continue filed by Rebecca Adelle Shollenburg [39] and Steven Dale Kelton [41]; Pretrial Motions are due by 3/19/2007; Jury Trial is set for 4/24/2007 at 09:00AM in Medford before Judge Owen M. Panner; Status Conference is set for 4/2/2007 at 01:30PM in Medford before Magistrate Judge John P. Cooney. The court finds reason for excludable delay, therefore, 90 days are excluded pursuant to the Speedy Trial Act. By Judge John P. Cooney. (wk) (Entered: 12/27/2006)
01/03/2007 43 Documents Received From Other Court as to Barton Albert Buhtz (including US Passport) from Central District of California, Los Angeles, Case No: MJ 06-1999. (wk) (Entered: 01/08/2007)
01/12/2007 44 Notice of Case Reassignment by Judge Michael R. Hogan: Case reassigned from Michael R Hogan to Owen M. Panner. (wk) (Entered: 01/14/2007)
01/16/2007 45 "Affidavit of Truth" filed by Barton Albert Buhtz. (wk) (Entered: 01/18/2007)
02/13/2007 51 "Notice of Default and Assent, Demand, and Second Notice of Rights" filed by Barton Albert Buhtz. (wk) (Entered: 02/16/2007)
02/27/2007 52 Unopposed Motion to Continue / Reset Trial and Exclude Delay filed by Rebecca Adelle Shollenburg as to Barton Albert Buhtz, Steven Douglas Shollenburg, Richard Roy Aquila, Steven Dale Kelton. (Wood, Terri) (Entered: 02/27/2007)
03/01/2007 54 Appearance Bond Entered as to Barton Albert Buhtz in amount of $ 20,000. (wk) (Entered: 04/23/2007)
03/14/2007 53 ORDER Granting 52 Motion to Continue Trial as to Barton Albert Buhtz (1), Rebecca Adelle Shollenburg (2), Steven Douglas Shollenburg (3), Richard Roy Aquila (4) and Steven Dale Kelton (5); VACATING the 4/2/2007 status hearing and 4/24/2007 jury trial.Pretrial Motions are due by 6/25/2007. Jury Trial is RESCHEDULED to 7/31/2007 at 09:00AM in Medford before Judge Owen M. Panner. Status Conference is set for 7/9/2007 at 01:30PM in Medford before Magistrate Judge Mark D. Clarke. By Judge Mark D. Clarke. (wk) (Entered: 03/14/2007)
06/25/2007 55 Joint Motion to Continue / Reset motions, status and trial filed by Steven Dale Kelton as to Barton Albert Buhtz, Rebecca Adelle Shollenburg, Steven Douglas Shollenburg, Richard Roy Aquila. (McCrea, Shaun) (Entered: 06/25/2007)
06/29/2007 56 Minutes of Proceedings:Motion Hearing before Judge Owen M. Panner as to Barton Albert Buhtz, Rebecca Adelle Shollenburg, Steven Douglas Shollenburg, Richard Roy Aquila, Steven Dale Kelton held on 6/29/2007 regarding Motion to Continue - DENIED filed by Defendant Steven Dale Kelton Status Conference is set for 7/10/2007 at 01:00PM in Medford before Judge Owen M. Panner, by telephone. Court will initiate call.Counsel Present for Plaintiff: William Fitzgerald.Counsel Present for Defendant: Shaun McCrea.(Court Reporter Advanced Court Reporting) (rsm) (Entered: 07/03/2007)
07/09/2007 59 Notice as to Barton Albert Buhtz (Shepard, Lynn) (Entered: 07/09/2007)
07/10/2007 60 Minutes of Proceedings:Status Conference and Motion hearing before Judge Owen M. Panner as to Barton Albert Buhtz, Rebecca Adelle Shollenburg, Steven Douglas Shollenburg, Richard Roy Aquila and Steven Dale Kelton; Order granting defendant Steven Shollenburg's motion to continue, VACATING the 7/31/2007 jury trial and RESCHEDULING a 3 day Jury Trial for 10/2/2007 at 09:00AM in Medford before Judge Owen M. Panner. Pretrial Conference is set for 9/25/2007 at 02:30PM in Medford before Judge Owen M. Panner; pretrial motions are due by 9/5/2007 and responses to motions are due 9/14/2007. Additional Order Establishing Dates and Procedures to follow. Counsel Present for Plaintiff: William Fitzgerald.Counsel Present for Defendant: Richard Fredericks for Steven Shollenburg; Shaun McCrea for Steven Kelton and Richard Aquila; Lynn Shepard for Barton Buhtz and Terri Wood for Rebecca Shollenburg.(Court Reporter FTR Gold) (wk) (Entered: 07/11/2007)
07/11/2007 61 Trial Management Order as to Barton Albert Buhtz, Rebecca Adelle Shollenburg, Steven Douglas Shollenburg, Richard Roy Aquila and Steven Dale Kelton, by Judge Owen M. Panner, signed on 7/11/2007. THE ORDER IS ATTACHED. ACCESS THE HYPERLINK TO VIEW. (wk) (Entered: 07/11/2007)
07/25/2007 62 Notice of Hearing filed pro se by Barton Albert Buhtz. (cw) (Entered: 07/25/2007)

[Dezcad]

62 Notice of Hearing filed pro se by Barton Albert Buhtz. (cw) (Entered: 07/25/2007)

This Notice of Hearing is a riot. Barton has noticed the presiding DC Judge Panner, an IRS agent and the US Attorney for a hearing in the Mayor's office in Tujunga, California on August 24, 2007 for them to provide rebuttal evidence concerning his affidavits and (I quote from the Notice):

All parties are to bring to the hearing their oaths of office, evidence of membership in any associations (i.e. BAR), drivers license, proof of insurance, canons of ethics and articles of incorporation (if applicable) and any other documents which have previously been demanded.

What will Barton do when no one shows at the hearing on August 24, 2007?

[Demosthenes]

Docket update.

08/02/2007 69 Scheduling Order as to Barton Albert Buhtz, Rebecca Adelle Shollenburg, Steven Douglas Shollenburg, Richard Roy Aquila and Steven Dale Kelton. Trial in this matter is set for October 2, 2007. Given the age of this case, and the difficulty of identifying a date convenient for the many parties and witnesses, it is very unlikely the court will grant any further continuances or permit further substitution of counsel. The parties should regard this as a firm trial date and prepare accordingly. Counsel shall convey this information to their respective clients. The parties are further reminded that Dispositive Motions are due by 9/5/2007; Response is due by 9/14/2007.By Judge Owen M. Panner. (wk) (Entered: 08/02/2007)

09/04/2007 74 Witness List - Expert Witness Notification by USA as to Barton Albert Buhtz, Rebecca Adelle Shollenburg, Steven Douglas Shollenburg, Richard Roy Aquila, Steven Dale Kelton (Fitzgerald, William) Modified on 9/5/2007 (sln). (Entered: 09/04/2007)

09/04/2007 75 Exhibit List by USA as to Barton Albert Buhtz, Rebecca Adelle Shollenburg, Steven Douglas Shollenburg, Richard Roy Aquila, Steven Dale Kelton (Fitzgerald, William) (Entered: 09/04/2007)

09/05/2007 76 Proposed Voir Dire by USA as to Barton Albert Buhtz, Rebecca Adelle Shollenburg, Steven Douglas Shollenburg, Richard Roy Aquila, Steven Dale Kelton (Fitzgerald, William) (Entered: 09/05/2007)

09/05/2007 77 Trial Brief by USA as to Barton Albert Buhtz, Rebecca Adelle Shollenburg, Steven Douglas Shollenburg, Richard Roy Aquila, Steven Dale Kelton (Fitzgerald, William) (Entered: 09/05/2007)

09/05/2007 79 Proposed Jury Verdict by USA as to Barton Albert Buhtz (Fitzgerald, William) (Entered: 09/05/2007)

09/05/2007 80 Proposed Jury Instructions by USA as to Barton Albert Buhtz, Rebecca Adelle Shollenburg, Steven Douglas Shollenburg, Richard Roy Aquila, Steven Dale Kelton (Fitzgerald, William) (Entered: 09/05/2007)

09/05/2007 81 Witness List by USA as to Barton Albert Buhtz, Rebecca Adelle Shollenburg, Steven Douglas Shollenburg, Richard Roy Aquila, Steven Dale Kelton (Fitzgerald, William) (Entered: 09/05/2007)

09/06/2007 84 "Notice to Include and Augment the Record re: Charges Brought by the IRS CID Through the Grand Jury" filed by Barton Albert Buhtz. (wk) (Entered: 09/06/2007)

09/14/2007 86 Proposed Voir Dire by Barton Albert Buhtz as to Barton Albert Buhtz, Steven Douglas Shollenburg (Shepard, Lynn) (Entered: 09/14/2007)

09/14/2007 87 Proposed Jury Instructions by Barton Albert Buhtz as to Barton Albert Buhtz, Steven Douglas Shollenburg (Shepard, Lynn) (Entered: 09/14/2007)

09/14/2007 88 Expert Notice by Barton Albert Buhtz as to Barton Albert Buhtz, Steven Douglas Shollenburg (Shepard, Lynn) (Entered: 09/14/2007)

09/14/2007 90 Exhibit List by Steven Douglas Shollenburg as to Barton Albert Buhtz, Steven Douglas Shollenburg (Fredericks, Richard) (Entered: 09/14/2007)

09/14/2007 91 Trial Brief by Steven Douglas Shollenburg as to Barton Albert Buhtz, Steven Douglas Shollenburg (Fredericks, Richard) (Entered: 09/14/2007)

09/14/2007 92 Witness List by Steven Douglas Shollenburg as to Barton Albert Buhtz, Steven Douglas Shollenburg (Fredericks, Richard) (Entered: 09/14/2007)

09/14/2007 93 Motion Additional Peremptory Challenges Oral Argument requested filed by Steven Douglas Shollenburg as to Barton Albert Buhtz, Steven Douglas Shollenburg. (Fredericks, Richard) (Entered: 09/14/2007)

The trial is on for 10/02/2007.

[Demosthenes]

Some of the new documents from the above docket that I found particularly interesting:

Government's Witness List
http://www.cheatingfrenzy.com/buhtz81.pdf

Buhtz' Trial Memorandum
http://www.cheatingfrenzy.com/buhtz91.pdf

Buhtz' Exhibit List
http://www.cheatingfrenzy.com/buhtz90.pdf

Buhtz' Expert Notice
http://www.cheatingfrenzy.com/buhtz88.pdf

Looks like Buhtz is placing his eggs in one basket: ex Fed employee (and Heidi Guedel's hero) Walker Todd.

Does anyone remember whether Todd was able to testify as an expert in the Montana Freemen trials?

[Judge Roy Bean]

I used to know these things without resorting to searching, but the famous/infamous Todd affidavit that so many "no-money-lent" whackos point to was in a Michigan civil case, if I recall. I want to say the defense he supplied the affidavit for lost the case but I can't remember which court it was in nor can I recall the defendants' names.

What I do know for certain is that versions of the Todd affidavit and theory as propounded by the debt elimination crowd have never resulted in a win.

[Nikki]

GOOGLE "walker todd expert witness" and you find:

Bank One, NA Plaintiff v. Harshavardhan & Pratima Dave
Circuit Court for the County of Oakland, Michigan
03-047448-CZ

[Judge Roy Bean]

Thanks, Nikki. I did find my copy of the un-highlighted .pdf but the files with Todd-related cases are archived and I'll have to have one of the techies find them at this juncture.

Anyone know what happened in this case?

[notorial dissent]

I skimmed back through the great affidavit, and it keeps coming to mind, how did this clown ever hide out with the Fed for 20 years and then be willing to pass out this drivel?

I am also under the impression, that while Mr W is more than willing to do the affidavit bit, that he is quite the wallflower when actually asked to dance and really testify in court, and in fact has refused to in several cases.

The curious thing, is that I called both the Chicago and NY Fed personnel offices, and they had no record of the loquacious Mr Walker.

Anyone know anything further about the darling of the Mortgage Elimination crowd?

[Dezcad]

08/02/2007 69 Scheduling Order as to Barton Albert Buhtz, Rebecca Adelle Shollenburg, Steven Douglas Shollenburg, Richard Roy Aquila and Steven Dale Kelton. Trial in this matter is set for October 2, 2007. Given the age of this case, and the difficulty of identifying a date convenient for the many parties and witnesses, it is very unlikely the court will grant any further continuances or permit further substitution of counsel. The parties should regard this as a firm trial date and prepare accordingly. Counsel shall convey this information to their respective clients. The parties are further reminded that Dispositive Motions are due by 9/5/2007; Response is due by 9/14/2007.By Judge Owen M. Panner. (wk) (Entered: 08/02/2007)

Does anyone know if the trial scheduled for today actually began?

[Demosthenes]

Updated docket

09/24/2007 94 Objections filed by Barton Albert Buhtz as to Barton Albert Buhtz, Steven Douglas Shollenburg Jury Instructions (Related document(s) 87 Proposed Jury Instructions) (Shepard, Lynn) Modified on 9/25/2007 (Johnson, Deborah). (Entered: 09/24/2007)

09/24/2007 95 Objections filed by Barton Albert Buhtz as to Barton Albert Buhtz, Steven Douglas Shollenburg Voir Dire (Related document(s) 86 Proposed Voir Dire) (Shepard, Lynn) Modified on 9/25/2007 (Johnson, Deborah). (Entered: 09/24/2007)

09/24/2007 103 Rule 6(e) Motion and Order for Release of Grand Jury Transcript filed by USA as to Barton Albert Buhtz, Rebecca Adelle Shollenburg, Steven Douglas Shollenburg, Richard Roy Aquila and Steven Dale Kelton. Signed on 9/24/2007 by Magistrate Judge Mark D. Clarke. (wk) (Entered: 09/27/2007)

09/25/2007 96 Notice by USA as to Barton Albert Buhtz, Rebecca Adelle Shollenburg, Steven Douglas Shollenburg, Richard Roy Aquila, Steven Dale Kelton GOVERNMENT'S 404(B) NOTICE (Fitzgerald, William) (Entered: 09/25/2007)

09/25/2007 97 Supplemental Exhibit List by USA as to Barton Albert Buhtz, Rebecca Adelle Shollenburg, Steven Douglas Shollenburg, Richard Roy Aquila, Steven Dale Kelton (Fitzgerald, William) (Entered: 09/25/2007)

09/25/2007 98 Supplemental Witness List by USA as to Barton Albert Buhtz, Rebecca Adelle Shollenburg, Steven Douglas Shollenburg, Richard Roy Aquila, Steven Dale Kelton (Fitzgerald, William) (Entered: 09/25/2007)

09/25/2007 111 Minutes of Proceedings:Pretrial Conference before Judge Owen M. Panner as to Barton Albert Buhtz, Steven Douglas Shollenburg, Richard Roy Aquila and Steven Dale Kelton. Government Exhibits 1-26 received with no objections; ruling on exhibits 27 and 28 reserved; defendant's joint exhibit 141 received with no objections. Government's oral motion to provide grand jury transcripts to defense counsel is granted. The government agrees to furnish defense counsel with Defendant Aguila's proffer. The parties are allowed 5 days within which to expand their witness statements as directed. Wally Hicks and Michael Hunter are allowed to be seated at counsel tables. Witnesses are to be excluded. Defendants' motion for additional peremptory challenges is partially granted to the extent that if defendants elect to divide their challenges each will be allowed 7, for a total of 14 rather than 10. The government is allowed 6. Defendant Buhtz' request to file his affidavit of truth as an exhibit is allowed. Shaun McCrea remains as stand-by counsel for Defendant Kelton. Attorneys are to appear at 8:00 a.m. the first day of trial.Counsel Present for Plaintiff: William E. Fitzgerald. Counsel Present for Defendant: Lynn Shepard for Barton Buhtz; Richard Frdericks for Steven Shollenburg; Marc Spence for Richard Roy Aquila and Steven Dale Kelton pro se with stand by Counsel Rosalind Lee. (Court Reporter Melanie Savord) (wk) (Entered: 10/01/2007)

09/28/2007 104 Supplemental Witness List by USA as to Barton Albert Buhtz, Steven Douglas Shollenburg, Steven Dale Kelton Government's Second Supplemental Witness List (Fitzgerald, William) (Entered: 09/28/2007)

10/01/2007 107 Motion in Limine Oral Argument requested by Barton Albert Buhtz. (Shepard, Lynn) (Entered: 10/01/2007)

10/01/2007 108 Proposed Voir Dire by Barton Albert Buhtz Supplemental (Shepard, Lynn) (Entered: 10/01/2007)

10/01/2007 109 Supplemental Exhibit List by Barton Albert Buhtz (Attachments: # 1 Attachment) (Shepard, Lynn) (Entered: 10/01/2007)

10/01/2007 110 Amended Notice by Barton Albert Buhtz as to Barton Albert Buhtz, Steven Douglas Shollenburg (Shepard, Lynn) (Entered: 10/01/2007)

10/01/2007 112 Demand Immediate Dismissal, with Prejudice, for Lack of Jurisdiction & Violation of Unalienable Rights as to Barton Albert Buhtz. (wk) (Entered: 10/01/2007)

[Dezcad]

Two defendants, Richard Aquila and Steven Dale Kelton have pled guilty and the jury trial continues. Note that the defendants' expert witness is scheduled to testify today:

10/01/2007 113 Plea Petition as to Richard Roy Aquila signed by Judge Owen M. Panner. (wk) (Entered: 10/01/2007)

10/02/2007 114 Minutes of Proceedings:Entry of Plea Hearing before Judge Owen M. Panner for Defendant Steven Dale Kelton. Guilty plea entered as to Count 1 of the Indictment. Sentencing is set for 12/17/2007 at 10:00AM in Medford before Judge Owen M. Panner. Defendant released subject to conditions of release on record. Counsel Present for Plaintiff: William E. Fitzgerald. Counsel Present for Defendant: Pro-se; Shaun McCrea as standby counsel.(Court Reporter Katherine Shelley) (wk) (Entered: 10/02/2007)

10/02/2007 115 Plea Petition as to Steven Dale Kelton signed by Judge Owen M. Panner. (wk) (Entered: 10/02/2007)

10/02/2007 118 Minutes of Proceedings:Jury Trial Begins before Judge Owen M. Panner as to Barton Albert Buhtz and Steven Douglas Shollenburg. Pretrial conference held: To the extent that Defendant Buhtz' "demand" 112 filed 10/1/2007, is intended to be a motion to dismiss, that motion is denied. Buhtz' Affidavit of Truth is not received as evidence at trial but, as with any material submitted to the court, it is included in the record for any appeal. The motions in limine by defendants Schollenberg 106 and Buhtz 107 are granted in part and denied in part, see transcript for details. 55 Jurors reporting, Voir Dire held, jury selected and sworn. Government witnesses sworn and testified: Matthew Johnson, Toni Crippen, Kelly Hawthorne, Rebecca Shollenberg, Richard Aquila, Douglas Grabinsky, David Edwards, Steven Kelton, Marsha Rasmussen, Steven Hughes and Deloris Douglas. Court adjourns until 10/3/2007 at 09:00AM. Counsel Present for Plaintiff: William E. Fitzgerald. Counsel Present for Defendant: Lynn Shepard for Barton Buhtz; Richard Fredericks for Richard Schollenberg.(Court Reporter Katherine Shelley) (wk) (Entered: 10/03/2007)

10/03/2007 116 Motion for Authorization to Motion for Authorization of Out of State Travel and Order by Richard Roy Aquila. (Spence, Marc) (Entered: 10/03/2007)

10/03/2007 117 ORDER Granting 116 Motion for Authorization as to Richard Roy Aquila (4) to Travel out of State by Judge Owen M. Panner signed on 10/3/2007. (dkj) (Entered: 10/03/2007)

10/03/2007 119 Minutes of Proceedings:Jury Trial day 2 before Judge Owen M. Panner as to Barton Albert Buhtz and Steven Douglas Shollenburg. Government Witnesses LaTanya Wilson, Brian Coughlin, Nelda Bischoff Handke and Michael Hunter were sworn and testified; Government Exhibits 29-33, 50, 51 and 52 were offered and received. Evidence adduced. Government Rests. Defendants Barton Albert Buhtz and Steven Douglas Schollenburg were sworn and testified. Defendants' Exhibit 144 offered and received. Order directing rebuttal witnesses Michael Hunter and Rebecca Schollenburg to testify out of order, defendants' expert witness having been scheduled for the morning of 10/4/2007; testimony given, evidence adduced. Court adjourned until 10/4/2007 at 09:00AM; attorneys are to appear at 8:00AM. Counsel Present for Plaintiff: William Fitzgerald. Counsel Present for Defendant: Lynn Shepard for Barton Buhtz; Richard Fredericks for Steven Schollenburg. (Court Reporter Katherine Shelley) (wk) (Entered: 10/03/2007)

[Judge Roy Bean]

10/01/2007 112 Demand Immediate Dismissal, with Prejudice, for Lack of Jurisdiction & Violation of Unalienable Rights as to Barton Albert Buhtz. (wk) (Entered: 10/01/2007

)

One wonders how many fools have paid him for versions of that gibberish?

[Dezcad]

10/01/2007 112 Demand Immediate Dismissal, with Prejudice, for Lack of Jurisdiction & Violation of Unalienable Rights as to Barton Albert Buhtz. (wk) (Entered: 10/01/2007

)

One wonders how many fools have paid him for versions of that gibberish?

You can have it for free here, but it's not even worth that much.

[Dezcad]

The jury now has the case:

10/04/2007 121 Minutes of Proceedings:Jury Trial day 3 before Judge Owen M. Panner as to Barton Albert Buhtz and Steven Douglas Shollenburg. Defendant Buhtz' expert witness Dr. Walker Todd was sworn and testified; Evidence adduced. Defendants rest. Defendants' restated motion for judgment of acquittal is denied. Government closes; Defendants close; Government rebuttal argument. The parties stipulate that Government Exhibit 27 will not be provided to jury for deliberation. Jury instructions given, jury retires to deliberate. Jury is reconvened to determine if they will continue or return on 10/5/2007; deliberation will continue on 10/5/2007 at 09:00AM. Counsel Pr esent for Plaintiff: William E. Fitzgerald. Counsel Present for Defendant: Lynn Shepard for Barton Buhtz; Richard Fredericks for Steven Shollenburg. (Court Reporter Katherine Shelley) (wk) (Entered: 10/04/2007)

[notorial dissent]

Does anyone know if they actually let Walker Todd testify or if that was just for show. I am curious as to how the court received the material.

[Dezcad]

Does anyone know if they actually let Walker Todd testify or if that was just for show. I am curious as to how the court received the material.

The docket for the Trial day 3 listed above says:

Defendant Buhtz' expert witness Dr. Walker Todd was sworn and testified; Evidence adduced. Defendants rest.

but I don't know the extent of the testimony.

[notorial dissent]

My only question was if they let any of it stand, since Todd's stuff is pure fiction and nonsense. I still don't see how he can qualify as an expert when he is as delusional as the people he is testifying for, or how they got by with entering it in the first place, and this is what I am curious about, the rebuttal or whateverr they did.

[wserra]

The Govt and the defense have both filed sentencing memoranda. The Govt recommends a Guideline range of 97-121 months, based on various enhancements such as leadership role. See here.

It's the defense memo that's a hoot, though - and because it's straight, not because it's TP hoohaw. First of all, Barton blames Hendrickson: "Several witnesses testified that they learned about the theory and process form (sic) other sources, including other individuals and the book Cracking the Code". Sin verguenza, Barton.

Second (and funnier) Barton argues for a downward departure on the basis that the crap he was selling (pardon me, giving away in exchange for donations) was so ridiculous that it could never have worked anyway. Really.

None of the bills of exchange bore any likelihood of succeeding. Mr. Buhtz’s own expert witness, Dr. Walker F. Todd, testified in essence that the bills of exchange were doomed to fail because UCC Trust Accounts do not exist. The government’s expert, Matthew Johnson, testified that the government was aware of that information. Thus there was never a possibility that any of the
bills of exchange could have caused the loss that their authors intended.

Allow me to rephrase: "Yeah, I was a thief, but a really dumb thief."

I'm afraid that some Sooeyheads' golden idol is irreparably tarnished.

[ASITStands]

First of all, Barton blames Hendrickson: "Several witnesses testified that they learned about the theory and process form (sic) other sources, including other individuals and the book Cracking the Code". Sin verguenza, Barton.

It was my understanding a book by the same name preceded Hendrickson. And, Hendrickson says nothing about Redemption Theory in his book [or, at least, doesn't support it].

Alternatively named, "Redemption in Law"

Redemption in Law (highly recommended)
(New Second Edition)
July 2000
Theory and Practice
"Cracking the Code"

The hottest book in America Today!
Discover how your govermentally-created, ALL-CAPITAL LETTERS-WRITTEN NAME, which is a corrupted, non-standard English version of your true name and compromises you with an entirely separate legal entity that-is used by banks, government agencies, and corporations to attack and exploit you legally and financially. Learn hot to get yourself proofed up against such legal predators and commercial pirates, who would come after you merely because you did not undertand the enourmous legals significance between your true name (intial letters only capitalized) and your name in ALL-CAPITAL LETTERS. This book contains practical information about the biggest breakthrough in commercial and legal freedom to come along in the last 6,000 years. The architects of this master plan never expected that their secret would ever be discovered.book $125.00 (US Funds)

There are links to purchase, but they lead nowhere in particular.

Thanks for the memoranda.

[notorial dissent]

And here all this time I thought Todd was supposed to be exonerating him by proving the evil banking system didn’t exist or some such nonsense.

Seems like having Todd testify for you is more akin to a sure fire way to get yourself convicted, didn’t go Buhtzy or the dim duo any good, and it seems his track record other places isn't any better-you'd think they'd wise up by now, and here he has been touted as the great guru of the vapor money school, and yet somehow he never seems to get around to testifying to that.

Very curious I would say.