Browns agree to be represented by their attorneys

[Demosthenes]

06/10/2009 115 ORDER on Government's Request for Protective Order as to Edward Brown, Elaine Brown re: 109 MOTION for Discovery. So Ordered by Judge George Z. Singal. (dae) (Entered: 06/10/2009)

http://www.cheatingfrenzy.com/brown2_115.pdf

06/11/2009 116 NOTICE of Refusal of Mail by Edward Brown re: Order, Doc. #99 by Edward Brown. (dae) (Entered: 06/11/2009)

http://www.cheatingfrenzy.com/brown2_116.pdf

[cynicalflyer]

As requested in the Government’s Response, the Court hereby ORDERS that the redacted Special Operations Group Operations Order (which is being produced to defense counsel) be used by counsel, the defendants and personnel in counsel’s respective offices for purposes of this trial and any related appeals. There shall be no dissemination or reproduction, mechanical or manual, of the information contained in the Special Operations Groups Operations Order absent specific prior Court approval.

If the Browns get ahold of this, a copy machine, and 15 minutes, I bet they copy it. Now, they'll never get it out via the mail, but still....

[Demosthenes]

06/12/2009 NOTICE OF TELEPHONIC HEARING ON MOTION as to Edward Brown, Elaine Brown re: 109 MOTION for Discovery and Joinder. Telephonic Motion Hearing set for 6/16/2009 10:00 AM before Judge George Z. Singal. Further instructions will follow as to calling procedure. (dae) (Entered: 06/12/2009)

06/15/2009 117 AFFIDAVIT of Truth by Edward and Elaine Brown. (Attachments: # 1 Concord Monitor Article)(dae) (Entered: 06/15/2009)

http://www.cheatingfrenzy.com/brown2_117.pdf

06/15/2009 118 AFFIDAVIT of Edward-Lewis:Brown and Elaine-Alice:Brown Demanding Release Due to Refusal of Court and US Attorney to Submit Proof of Jurisdiction by Edward and Elaine Brown (dae) (Entered: 06/15/2009)

http://www.cheatingfrenzy.com/brown2_118.pdf

06/15/2009 119 NOTICE of Objection - re jury sequestration by Edward Brown, Elaine Brown. (dae) (Entered: 06/15/2009)

http://www.cheatingfrenzy.com/brown2_119.pdf

[cynicalflyer]

From Doc 117

6. We are becoming weary of the continuing fabrication of the government, with
their illusion of remedy when there is none, with their lies and deceits in their zeal
to win yet another case, and destroy two more innocent lives. If this continues
much longer the court will force us to enter a position of "nay nay" and all
communication will end. If the court will not cooperate and maintain proper
decorum and control of its own actors, even in their legal fiction, it will be nay
nay.

Old Ed Brown had a trial, E-I-E-I-O;
And in his trial he had a "STRAWMAN", E-I-E-I-O;
With a "nay nay" here and a "nay nay" there;
Here a "nay";
There a "nay";
Everywhere a "nay nay";
Old Ed Brown had a trial, E-I-E-I-O!

By the way, isn't this the ninth time Ed's threatened or said he'd have no communication with the court in the future?

[cynicalflyer]

Doc 118 is the Joe Haas' special.

Affiants have submitted facts of lack of jurisdiction is several affidavits, in which
we cited New Hampshire RSA123:1 which addresses the ceding of land to the
United States and the attending jurisdiction, which has never been properly done
in the case of the federal courthouse at 53-55 Pleasant St., Concord.

[cynicalflyer]

P.S. Has anyone noticed the 1st Circuit case the Browns filed? 38 pages of unequivocal drivel. I have the "petition"; they are trying NOW to appeal the prior conviction. Most of the 38 pages are Ed & Elaine's version of events. Basically, they are laying out their defense already, in writing.

Giggle. Giggle.

General Docket
United States Court of Appeals for the First Circuit
Court of Appeals Docket #: 09-8018 Docketed: 05/11/2009
Termed: 06/04/2009
Brown, et al v. US
Appeal From: Misc
Case Type Information:
1) miscellaneous
2) other miscellaneous
3) -
Originating Court Information:
District: Misc-1 : 1:06-cr-00071-SM
Court Reporter: Sandra L. Bailey
Court Reporter: Susan M. Bateman
Court Reporter: Diane M. Churas
Court Reporter: Lori Dostie Dunbar
Trial Judge: Paul J. Barbadoro, U.S. District Judge
Trial Judge: Joseph A. DiClerico, U.S. District Judge
Ordering Judge: Steven J. McAuliffe, U.S. District Judge
Trial Judge: George Z. Singal, U.S. District Judge
Trial Judge: John A. Woodcock, U.S. District Judge
Trial Judge: James R. Muirhead, Magistrate Judge
Date Filed: 04/05/2006
Date Order/Judgment: Date Rec'd COA:
04/24/2007 05/07/2009

District: Misc-1 : 1:09-cr-00030-GZ
Date Filed: 01/21/2009
Date Rec'd COA:
05/07/2009

05/07/2009 Open Document MISCELLANEOUS CASE filed by pro se Petitioners Edward Lewis Brown and Elaine A. Brown. Opening forms sent. Certificate of service was not included. [09-8018]
05/07/2009 Open Document PETITION filed by pro se Petitioners Edward Lewis Brown and Elaine A. Brown for relief from District Court orders, judgments and sentences. Certificate of service was not included. [09-8018]
05/20/2009 Open Document MOTION filed by pro se Petitioners Edward Lewis Brown and Elaine A. Brown to amend case caption. Certificate of service was not included. [09-8018]
05/20/2009 Public docket note: Copy of Motion to Amend Caption filed this date by pro se Appellants' was mailed to opposing counsel, by the Case Manager. [09-8018]
05/28/2009 Open Document AFFIDAVIT filed by pro se Petitioners Edward Lewis Brown and Elaine A. Brown. Certificate of service was not included. [09-8018]
06/03/2009 Open Document ORDER denying motion to amend caption filed by Petitioners Elaine A. Brown and Edward Lewis Brown. [09-8018]
06/04/2009 Open Document JUDGMENT entered by Sandra L. Lynch, Chief Appellate Judge; Juan R. Torruella, Appellate Judge and Jeffrey R. Howard, Appellate Judge. Denied [09-8018]

[Imalawman]

From Doc 117

6. We are becoming weary of the continuing fabrication of the government, with
their illusion of remedy when there is none, with their lies and deceits in their zeal
to win yet another case, and destroy two more innocent lives. If this continues
much longer the court will force us to enter a position of "nay nay" and all
communication will end. If the court will not cooperate and maintain proper
decorum and control of its own actors, even in their legal fiction, it will be nay
nay.

Old Ed Brown had a trial, E-I-E-I-O;
And in his trial he had a "STRAWMAN", E-I-E-I-O;
With a "nay nay" here and a "nay nay" there;
Here a "nay";
There a "nay";
Everywhere a "nay nay";
Old Ed Brown had a trial, E-I-E-I-O!

By the way, isn't this the ninth time Ed's threatened or said he'd have no communication with the court in the future?

Keyboard warning please. The court only hopes that he will follow through on his threats of silence.

[notorial dissent]

Question, is “nay nay” any relation to “nener nener”? Inquiring minds have run out of anything else productive to do.

[Gregg]

Question, is “nay nay” any relation to “nener nener”? Inquiring minds have run out of anything else productive to do.

I'm not sure, when I first saw it I thought of 'nanoo nanoo' and Mork from Ork

[Demosthenes]

06/16/2009 120 Notice of Partial Voluntary Disclosure Re: Motion for Discovery (document #109) by USA as to Edward Brown, Elaine Brown (Huftalen, Arnold) (Entered: 06/16/2009)

http://www.cheatingfrenzy.com/brown2_120.pdf

06/16/2009 Minute Entry for proceedings held before Judge George Z. Singal: TELEPHONIC MOTION HEARING as to Edward Brown, Elaine Brown held on 6/16/2009 re 109 MOTION for Discovery and 110 Joinder in Motion by Edward Brown. The Motion was GRANTED IN PART with rulings stated on the record. To the extent that the Government is making additional production pursuant to this ruling, the materials produced shall be subject to the same protective order previously entered (see Docket # 115). (Court Reporter: Lori Dunbar, USDC - Maine) (Govt Atty: Terry Ollila, Arnold Huftalen, Cedric Bullock) (Defts Atty: Michael Iacopino, Kristen Clouser, Bjorn Lange)(Total Hearing Time: 18 minutes)(CJA Time: 20 minutes) (dae) (Entered: 06/16/2009)

06/16/2009 ENDORSED ORDER granting 113 MOTION Leave to File Response One Hour Late as to Edward Brown (1), Elaine Brown (2). Text of Order: GRANTED. So Ordered. So Ordered by Judge George Z. Singal. (dae) (Entered: 06/16/2009)

06/16/2009 121 NOTICE of Refusal of Mail by Edward Brown re: Order, Doc. #100 by Edward Brown. (dae) (Entered: 06/16/2009)

http://www.cheatingfrenzy.com/brown2_121.pdf

[Demosthenes]

06/17/2009 122 Assented to MOTION for Subpoenas by Elaine Brown. (Lange, Bjorn) (Entered: 06/17/2009)

http://www.cheatingfrenzy.com/brown2_122.pdf

06/17/2009 123 MOTION in Limine by USA as to Edward Brown, Elaine Brown. Follow up on Objection on 7/6/2009. (Huftalen, Arnold) (Entered: 06/17/2009)

http://www.cheatingfrenzy.com/brown2_123.pdf

[Demosthenes]

06/20/2009 124 OBJECTION by Elaine Brown re 123 MOTION in Limine. (Lange, Bjorn) (Entered: 06/20/2009)

http://www.cheatingfrenzy.com/brown2_124.pdf

06/20/2009 125 OBJECTION by Edward Brown re 123 MOTION in Limine. (Iacopino, Michael) (Entered: 06/20/2009)

http://www.cheatingfrenzy.com/brown2_125.pdf

06/22/2009 126 TRIAL BRIEF by USA as to Edward Brown, Elaine Brown. (Huftalen, Arnold) (Entered: 06/22/2009)

http://www.cheatingfrenzy.com/brown2_126.pdf

[Judge Roy Bean]

What goes through my mind when I read some of these more recent filings is what it must be like for the public defenders while they're trying to craft a rescue from the Brown's self-scuttled ship.

How do you un-ring the bell of gibberish for a client?

[.]

While the chance of either of them being put on to testify in their own defense has to be approximately zero, it sure could make for some interesting cross.

Why is there no 'salivating' thingy?

[Demosthenes]

06/22/2009 127 NOTICE of Refusal of Mail by Elaine Brown re Order: Doc. #102 by Elaine Brown. (dae) (Entered: 06/22/2009)

http://www.cheatingfrenzy.com/brown2_127.pdf

06/22/2009 128 Proposed Voir Dire by USA as to Edward Brown, Elaine Brown. (Huftalen, Arnold) (Entered: 06/22/2009)

http://www.cheatingfrenzy.com/brown2_128.pdf

06/22/2009 129 Proposed Jury Instructions by USA as to Edward Brown, Elaine Brown. (Huftalen, Arnold) (Entered: 06/22/2009)

http://www.cheatingfrenzy.com/brown2_129.pdf

06/22/2009 130 Preliminary Exhibit List by Edward Brown (Iacopino, Michael) (Entered: 06/22/2009)

http://www.cheatingfrenzy.com/brown2_130.pdf

06/22/2009 131 WITNESS LIST by USA as to Edward Brown, Elaine Brown. (Huftalen, Arnold) (Entered: 06/22/2009)

http://www.cheatingfrenzy.com/brown2_131.pdf

06/22/2009 132 WITNESS LIST by Edward Brown. (Iacopino, Michael) (Entered: 06/22/2009)

http://www.cheatingfrenzy.com/brown2_132.pdf

06/22/2009 133 Assented to MOTION for Subpoena for Additional Subpoenas by Edward Brown. Notice to Government Attorney - If this motion requests a subpoena for personal or confidential information about a victim, pursuant to Fed. R. Crim. P. 17(c)(3), the government shall immediately provide the victim with notice of this motion. Ex parte motions are exempt from this requirement. (Iacopino, Michael) (Entered: 06/22/2009)

http://www.cheatingfrenzy.com/brown2_133.pdf

[Demosthenes]

Interesting bit: Danny Riley is on the government's witness list.

[.]

Looks like Ed's only (unsworn) "testimony" may be via old audio and video. And perhaps outbursts at trial. Assuming he deigns to show up.

Back-door introduction of the idea that he's a totally incompetent nut-bag deserving of sympathy? Grasping at the only available straw? Good trial strategy and/or the only trial strategy?

[wserra]

How do you un-ring the bell of gibberish for a client?

In a Cheek context, you don't - you ring it some more. "I know this sounds crazy to you, folks, but they really believe it. Just like that stuff about taxes."

Unfortunately for them, the present charges don't contain a "willfulness" element.

[wserra]

While the chance of either of them being put on to testify in their own defense has to be approximately zero, it sure could make for some interesting cross.

Were I Elaine's lawyer, I would be seriously considering putting her on, and would be having almost daily "come to Jesus" sessions with her. Of course, it requires her cooperation.

It's not this case, but every now and then a defense lawyer finds him/herself in the strange position of not caring what the client says. As a colleague of mine advised in such a situation, "Slap an exhibit tag on him and put him up there." More than that is unfortunately privileged, but it's a great story.

[ErsatzAnatchist]

Randy Weaver is on Ed's witness list. It might be worth showing up to see that. Particularly the cross examination.

Where is Joe Haas on the witness list for Ed? Isn't he needed to testify about the lack of jurisdiction of the Court?