Dogwalker's Sentencing

[The Observer]

My prediction: there will be an argument that the sentence violates the Rule Against Perpetuities. As it should.

Nice legal joke there, but I question the widespread appeal of a joke which relies on a basic understanding of the RAP in order to find it funny. I like it though.

Does it explain the conspiracy that keeps perpetual motion machines from being allowed to exist?

[Dr. Caligari]

The Court, in a moment of pity sentences Danny to 33 years.

The folks at New Hampshire Underground are reporting that he got 36 years, but they have been wrong before.

[Famspear]

Two entries on the docket for today (28 October) so far, but no specific answer:

Minute Entry for proceedings held before Chief Judge George Z. Singal: COMPETENCY HEARING as to Daniel Riley held on 10/28/2008. Defendant found competent. Evidence introduced. Witnesses: Christine Scronce, Ph.D (Court Reporter: Diane Churas) (Govt Atty: Arnold Huftalen) (Defts Atty: Sven Wiberg)(Total Hearing Time: 37 mins) (jar) (Entered: 10/28/2008)

and:

Minute Entry for proceedings held before Chief Judge George Z. Singal: SENTENCING held on 10/28/2008 for Daniel Riley (1) Sentenced on Count 1sss,2sss,3sss,6sss. (Court Reporter: Diane Churas) (Govt Atty: Arnold Huftalen) (Defts Atty: Sven Wiberg) (USP: Melissa Ellworthy, Cathy Battistelli)(Total Hearing Time: 51 mins) (jar) (Entered: 10/28/2008)

case no. 1:07-cr-00189-GZS

[LPC]

From Demo:

Stuck at the NH airport on blackberry with one bar. Danny got 432 months + 5 years of supervised release.
Sent via BlackBerry by AT&T

Anyone know if the one bar at the NH airport is a good place to be stuck?

[LPC]

I had to pull out my calculator. 432 months is 36 years.

[LPC]

After 36 years in prison, the 5 years of supervised release seems somewhat gratuitous.

How old will he be in 36 years? 60-something?

[Famspear]

After 36 years in prison, the 5 years of supervised release seems somewhat gratuitous.

How old will he be in 36 years? 60-something?

What's the federal rule? He has to serve at least 85% of that time?

[wserra]

What's the federal rule? He has to serve at least 85% of that time?

Basically right. One gets 53 days/year of good time.

Remember, everyone, that the bomb count alone was a mandatory 30 years, mandatory consecutive to anything else.

[Dezcad]

After 36 years in prison, the 5 years of supervised release seems somewhat gratuitous.

How old will he be in 36 years? 60-something?

AFAIR, he was in his early 40s at the time of the Brown conviction. So, he would be 70-something.

[Dr. Caligari]

One gets 53 days/year of good time.

That's assuming he behaves himself in prison, which in Danny's case, may be overly optimistic.

[Prof]

Sad. How long do you think his commercial redemption fantasy will last in the prison system?

[Judge Roy Bean]

Sad. How long do you think his commercial redemption fantasy will last in the prison system?

Forever. He's advanced himself to martyr status. Can't put down the torch now.

[Gregg]

Without trying to sound mean or anything, but lets face it, Danny doesn't play well with others and the fact is he's going to get the sense beat out of him for at least awhile. We're pretty well going to find out if he's too stupid to beat any brains into him.

[grixit]

And the Dogwalk will forever remain the high point of his life.

[Bud Dickman]

Not a very good source for accurate information.


http://www.newhampshirefreepress.com/NH ... q=node/246

Brown Supporter Danny Riley Sentenced
Tue, 10/28/2008 - 17:17 — katkanning

By Kat Kanning

October 28th, 2008

Danny Riley was sentenced to a 432 month imprisonment today. Riley is one of the four imprisoned supporters of tax-truthers Ed and Elaine Brown. The sentencing hearing was scheduled for 11:30 am, but actually started at 10:00 am in an apparent attempt to keep sympathizers from attending the “public” hearing.

The prosecutor in the case recommended a total of 457 months imprisonment. I did not hear his reasoning, since the hearing had begun early.

Riley spoke at length about the Universal Commercial Code. The judge looked exceedingly bored during Riley's speech, often not even looking at Riley and practically rolling his eyes at what was being said. One of Riley's points was how the lawyer was forced upon him. He said that the man did not represent him, but the judge kept asking for the lawyer's approval on the proceedings. Danny called the judge biased and partial, saying, “Judge, I have yet to see you follow the law in here.” Riley listed multiple problems with the trial – he called 66 witnesses, all of which were denied. All the evidence he obtained in discovery disappeared while Riley was imprisoned. Requests for other reasonably discoverable material, such as helmet-cam video, was denied. Riley called the proceedings, “Justice by the barrel of a gun.”

During the sentencing, the judge said that Danny was a danger to the public – but gave examples only of how they thought Danny was a danger to government officials. Nothing Danny was accused of doing made him a danger to the public, and government enforcers were only in danger while harassing the Browns on their own property. Had the Federal Marshals left the elderly couple alone, they would not have been in any danger, nor would anyone else involved.

[ErsatzAnatchist]

Riley spoke at length about the Universal Commercial Code. The judge looked exceedingly bored during Riley's speech, often not even looking at Riley and practically rolling his eyes at what was being said.

So, do the Free State Flakes actually believe this UCC crap? Is this a shared delusion?

[ErsatzAnatchist]

After 36 years in prison, the 5 years of supervised release seems somewhat gratuitous.

How old will he be in 36 years? 60-something?

According to a post at NH Underground:

jason and reno as well as bob have chances of getting out in the future (because they were less of a f*ckup than Danny, hard as that may be to believe), danny is 41 years old, 32 years is the rest of his life (Where is that play stupid games, win stupid prizes picture?). he gave EVERYTHING for the browns (Who don't give a rat's rectum about Danny). some will say he was brave (Fools rush in. . . .), some will say it was stupid (They would be right), but when push comes to shove we would all be lucky to have a friend like dan (as long as our friend is in prison). he doesnt deserve what he got (he deserved three years less according to my prediction above.).

Danny will be 73 when he gets out. His first few years will probably be spent in pretty bad places because of the crimes he was convicted of. Towards the end, he will probably spend his time in the Federal Prison version of a senior center.

I am interested in Demo's take on the sentencing (assuming she is still not stuck in the one bar at the Manchester Airport).

[notorial dissent]

It was a gross injustice against a brave freedom fighter and patriot, don’t you know?????

I guess my final question in something like this is why they weren’t also charged with conspiracy to commit murder, since the only real purpose of a bomb is to kill someone?

[SheWolffe]

It was a gross injustice against a brave freedom fighter and patriot, don’t you know?????

I guess my final question in something like this is why they weren’t also charged with conspiracy to commit murder, since the only real purpose of a bomb is to kill someone?

I don't even want to go there

.....extraneous ramblings removed.

[wserra]

Why wasn't the person responsible for kidnapping Elaine from Massachusetts and bringing her back to Plainfield ever charged?

I don't know that story. If you mean after she failed to appear, and if it was a LEO, it wasn't kidnapping, it was executing a warrant. If my "ifs" are wrong, tell me to what you refer.

Or, why wasn't Mr. Brown just barnstormed immediately after his bench warrant for non appearance for tax evasion?

No one can answer that specifically except the local U.S. Marshall, but I'm pretty sure I can answer generally. The Marshalls (with good reason) prefer not to just storm in if there is any chance of violence. Correct me if I'm wrong, but I seem to recall Brown threatening everyone involved from the beginning. In hindsight, perhaps it appears that the threat wasn't realistic until others gathered, but the Marshalls can't know that in advance. Picture what would have happened had they stormed the place and had someone died. Aren't there enough wackos running around yelling "Waco!" and "Ruby Ridge!" without knowing anything about either except that people died?

I feel sorry for those guys, I really do, they literally threw their lives away for this old turd

Sorry, but - having represented people like them - I don't think that's the right focus. I don't know any of the four, but think it's safe to say that they got involved at least as much for themselves as for Brown. Your husband did the right thing in the end, but the others (except perhaps for Riley) had the opportunity to do the same, and didn't. This wasn't due to Brown, it was due to them.

A total wake of disaster that could have been totally avoided had Mr. Brown been arrested early in the game.

Perhaps, but only by risking a disaster of another type.

Bob's lawyer would never answer that question for me.

Understandably. Were I a lawyer in the case, I would never engage in the type of speculation I do as an observer.

BTW, as you probably know, the BOP locator shows your husband "in transit". Hopefully he will wind up someplace halfway decent (Morgantown?) soon. That would be a big improvement over Brooklyn MDC.