From triallogs.com:
om Cryer Trial - Day Two
Written by djahn
Wednesday, 11 July 2007
Here is an update we received from those in attendance.
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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!
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Last Updated ( Wednesday, 11 July 2007 )