Judge rules on motions in Wesley Snipes/Eddie Kahn trial

[TheSaint]

http://www.ocala.com/article/20071227/NEWS/712270334/

Snipes' tax evasion trial stays in Ocala
Case is set to start in January

BY RICK CUNDIFF
STAR-BANNER

OCALA - In a Christmas Eve ruling, a federal judge delivered mostly coal to Wesley Snipes' legal team, rejecting motions to delay the actor's trial on tax evasion charges or move it out of Marion County.

Senior U.S. District Judge William Terrell Hodges, in a 13-page order, rejected Snipes' lawyers previous claims that Ocala was too racist for the black actor to get a fair trial. Hodges also denied a motion to postpone the trial, scheduled to start Jan 14.

"We're pleased with the judge's decision and we're ready to go to trial," Steve Cole, a spokesman for the U.S. Attorney's Office in Tampa, said Wednesday. Snipes lawyers Robert Bernhoft and Robert Barnes could not be reached for comment Wednesday.

Snipes and co-defendants Eddie Ray Kahn and Douglas Rosile are each charged with one count of conspiracy to defraud and one count of aiding and abetting the making of a false and fraudulent claim as part of an alleged tax fraud scheme. Snipes also is charged with six counts of willfully failing to timely file federal income tax returns.

Snipes' legal team sought to have the trial moved to the Southern District of New York, saying the potential jury pool was far more racially diverse than Ocala's and that Marion County was a "hotbed of Klan activity."

But Hodges ruled that the comparison between Manhattan and Ocala was faulty, saying the accurate question was whether the potential jury pool is any less diverse than the local population.

Hodges noted Snipes made "numerous accusations of prejudice and bigotry on the part of the residents of the Ocala [court] division."

"Comparison between different venues is not appropriate," he wrote. "Given the lack of any evidence of a constitutionally relevant racial disparity in the Ocala Division's jury [pool], Defendant Snipes' motion is due to be denied."

Hodges did grant part of one motion that Snipes' lawyers had requested. He agreed that a government witness would not be allowed to testify as to to whether documents created by the co-defendants were for the purpose of committing fraud.

In a joint motion, Kahn, Rosile and Snipes' lawyers had requested a three-month delay in the trial to give them time to go over what they claimed were 1.6 million pages of newly discovered records. Hodges responded that the defendants had been aware of the documents since their arraignments in 2006, and federal prosecutors had given them ample time to review the evidence.

Hodges declined to rule on one motion by prosecutors that would prevent the defendants from using tax-protest evidence or arguments in their defense. Instead, Hodges said prosecutors could object to any such evidence or arguments if they arise during the trial.

Hodges also denied motions by Snipes' lawyers to allow lawyers to question prospective jurors during jury selection and to use a written jury questionnaire. Unlike in state courts, where lawyers question jury prospects, Hodges alone usually questions them in jury selection in his courtroom.

Kahn moved to have Hodges disqualified from the case and sought to take a deposition of the judge. Hodges rejected both motions, saying the motion to depose was "without merit" and didn't cite any relevant legal authority.

Hodges said Kahn's claim that the judge had a "vendetta" against him was simply false.

"Kahn bases his entire motion on judicial rulings and other actions I have taken in my role as United States District Judge," Hodges wrote. "[H]e has presented no evidence or made any allegations that any supposed bias stems from extrajudicial sources."

Hodges displayed a sense of humor in rejecting a claim by Kahn he is "impersonating a federal judicial officer."

"This claim comes as a surprise after thirty-six years of service," the judge wrote in a footnote, "especially since I have the benefit of a mandate of the Supreme Court of the United States (perhaps the only one of its kind)." Hodges went on to note that the Supreme Court had refused to hear a challenge to his investiture in 1971.

[Demosthenes]

Lawyers for Snipes appeal decision to keep trial in Ocala

BY RICK CUNDIFF
Star-Banner

OCALA - Lawyers for actor Wesley Snipes have filed an appeal of a judge's ruling that could delay the actor's upcoming trial on tax evasion charges.

Snipes is scheduled to go to trial Jan. 14, along with codefendants Eddie Ray Kahn and Douglas Rosile. Each is charged with one count of conspiracy to defraud and one count of aiding and abetting the making of a false and fraudulent claim as part of an alleged tax fraud scheme. Snipes also is charged with six counts of willfully failing to timely file federal income tax returns.

Snipes' legal team sought to have the trial moved to the Southern District of New York, saying the potential jury pool was far more racially diverse than Ocala's and that Marion County was a "hotbed of Klan activity."

Senior U.S. District Judge William Terrell Hodges, in a 13-page order issued Dec. 24, rejected the motion. Hodges also denied a motion to postpone the trial.

The trial is based in the federal court in Marion County because Kahn's business providing tax advice operated from Sorrento in Lake County. Snipes' legal residence also was in Orlando at one point, and the Ocala division is within the federal court's Orlando district.

Snipes' legal team filed an appeal Friday with the 11th U.S. Circuit Court of Appeals in Atlanta, arguing that Hodges erred in rejecting the change of venue request. Lawyer Robert Barnes also filed a motion to stay the proceedings pending a ruling from the appellate court.

"Our belief is that you're entitled to an evidentiary hearing, and the judge denied that," Barnes said Friday.

Hodges ruled Dec. 24 that the comparison made by Snipes' lawyers between Manhattan and Ocala was faulty, saying the accurate question was whether the potential jury pool is any less diverse than the local population.

Court records detailing the racial and ethnic makeup of jury pools in cases tried in the Ocala federal court over the last four years show considerably less diversity in prospective jurors than in the area's population.

Unlike Florida state courts, which draw prospective jurors from driver's license records, federal courts draw from voter registration rolls.

Records obtained by the Star-Banner show qualified members of the jury pool for federal court in the Ocala division between 2003 and 2005 were 91 percent white, 4.2 percent black and 3.66 percent unspecified "other" races. Hispanic residents made up 1.66 percent of the pool.

Between 2005 and 2007, qualified prospective jurors were once again 91 percent white, 4.2 percent black and 3.4 percent "other," with Hispanics of any race at 2.09 percent.

The Ocala Division encompasses Marion, Lake, Sumter and Citrus counties.

Records from the U.S. Census Bureau show Marion County's population in 2006 was approximately 83 percent white, 11 percent black and 2.6 percent unspecified "other," and smaller percentages of other ethnic groups. Lake County was approximately 83 percent white, 9 percent black and 4.8 percent other. Sumter County was approximately 83 percent white, 14 percent black and 1.2 percent other. Citrus County was the least diverse, at 95 percent white, 2.4 percent black and 0.4 percent other.

Hispanic or Latino residents of any race were 8.5 percent of Marion's population in 2006 and 9.8 percent of Lake County's. Hispanics comprised 6.3 percent of Sumter's population and 2.7 percent of Citrus.

"The jury pool should be as diverse as the population," Barnes said.

If the appeals court rejects Snipes' motion, he will "absolutely" be ready for trial on Jan. 14, Barnes said.

[Imalawman]

Welcome back Demo, things have been a bit quiet here lately.

[Demosthenes]

Thanks. I've been floating around the Mexican port towns with spotty satellite internet since December 20th and finally got home on the night of the 4th. We were on a nice boat (Crystal Symphony) but I don't think the cruising life is for me. Too many people, too many black tie nights (I'm on vacation for Pete's sake), too little quiet time and privacy, too much rich food. The 80 degree weather was nice, though.

[Demosthenes]

Wesley Snipes' request to have tax evasion trial moved is denied

The Associated Press
Tuesday, January 8, 2008
OCALA, Florida: Actor Wesley Snipes' most recent request to have his tax evasion trial moved from the central Florida city of Ocala was denied by a federal judge, according to a media report.
Attorneys for Snipes last week requested the move in an attempt to delay the trial, which is scheduled to begin Jan. 14. They argued the black actor cannot get a fair trial in Ocala, about 80 miles (128 kilometers) north of Orlando, because of racial prejudice.
Judge William Terrell Hodges said Monday the motion cited no legal authority for an appeal, making the motion "frivolous both on the merits as well as the absence of any established jurisdiction" for the appeals court, the Ocala Star-Banner reported.
A telephone message left for Snipes' attorney by The Associated Press on Monday evening was not immediately returned.
Last month, Hodges denied Snipes' motions to relocate and postpone the trial.
Federal prosecutors have previously said there is "no basis in reality" for Snipes' claims.
A federal indictment charges Snipes with fraudulently claiming refunds totaling almost $12 million (€8.15 million) in 1996 and 1997 for income taxes already paid. The 45-year-old star of the "Blade" trilogy and other films also was charged with failure to file returns from 1999 through 2004.
Lawyers argued Snipes had the right to a trial in New York, where he lived between October 2000 and April 2005 when the offenses allegedly occurred, or in Orlando, where he also has a home.

[LDE]

After such incidents as those involving Abner Louima and Amadou Diallo, I would not be so quick to advocate a jury in the Southern District of New York as likely more racially sensitive than one in Florida.

[Demosthenes]

I'll take "It Must Suck to be a Celebrity" for $1,000, Alex...

U.S. District Court
Middle District of Florida (Ocala)
CIVIL DOCKET FOR CASE #: 5:07-cv-00376-WTH-GRJ

Riches v. Snipes
Assigned to: Senior Judge Wm. Terrell Hodges
Referred to: Magistrate Judge Gary R. Jones
Cause: 28:1331 Federal Question: Bivens Act
Date Filed: 09/17/2007
Date Terminated: 09/24/2007
Jury Demand: None
Nature of Suit: 550 Prisoner: Civil Rights
Jurisdiction: Federal Question
Plaintiff
Jonathan Lee Riches represented by Jonathan Lee Riches
40948-018
FCI Williamsburg
P.O. Box 340
Salters, SC 29590
PRO SE


V.

Defendant
Wesley Snipes


Date Filed # Docket Text
09/17/2007 1 Prisoner Civil Rights COMPLAINT against Wesley Snipes titled "Complaint "kidnapped by Wesley Snipes tax money" TRO Temporary Restraining Order" filed by Jonathan Lee Riches. (no service copies provided, no filing fee paid)(AIQ) Modified on 9/19/2007 (LMF). (Entered: 09/18/2007)

09/20/2007 2 NOTICE of Designation under Local Rule 3.05-Track One. (MAM) (Entered: 09/20/2007)

09/21/2007 3 ORDER dismissing case as frivolous pursuant to 28 USC 1915A. Signed by Judge Wm. Terrell Hodges on 9/21/2007. (JMJ) (Entered: 09/21/2007)

09/24/2007 4 JUDGMENT dismissing with prejudice this case. (Signed by Deputy Clerk) (AIQ) (Entered: 09/24/2007)

[ASITStands]

"Riches v. Snipes" How ironic?

[Dezcad]

U.S. District Court
Middle District of Florida (Ocala)
CIVIL DOCKET FOR CASE #: 5:07-cv-00376-WTH-GRJ

Riches v. Snipes
Plaintiff
V.

Defendant
Wesley Snipes

Date Filed # Docket Text
09/17/2007 1 Prisoner Civil Rights COMPLAINT against Wesley Snipes titled "Complaint "kidnapped by Wesley Snipes tax money" TRO Temporary Restraining Order" filed by Jonathan Lee Riches. (no service copies provided, no filing fee paid)(AIQ) Modified on 9/19/2007 (LMF). (Entered: 09/18/2007)

09/20/2007 2 NOTICE of Designation under Local Rule 3.05-Track One. (MAM) (Entered: 09/20/2007)

09/21/2007 3 ORDER dismissing case as frivolous pursuant to 28 USC 1915A. Signed by Judge Wm. Terrell Hodges on 9/21/2007. (JMJ) (Entered: 09/21/2007)

09/24/2007 4 JUDGMENT dismissing with prejudice this case. (Signed by Deputy Clerk) (AIQ) (Entered: 09/24/2007)

Riches is a frequent litigator and probably mentally ill, just read the complaint where he thinks Snipes incarcerated him because Riches beat Snipes in a basketball game with Woody Harrelson.

Riches has also sued Manuel Noriega and both OJ Simpson and Steve Jobs, Barry Bonds, Michael Vick for 63 Billion dollars and has his own Wikipedia entry about all his lawsuits.

[Lambkin]

has his own Wikipedia entry about all his lawsuits.

I have it on good authority that Riches and Modeleski were born as conjoined twins, and their surgical separation in 1973 at a clinic in Tijuana was considered largely successful. It explains much.

[Dr. Caligari]

Snipes' legal team filed an appeal Friday with the 11th U.S. Circuit Court of Appeals in Atlanta, arguing that Hodges erred in rejecting the change of venue request. Lawyer Robert Barnes also filed a motion to stay the proceedings pending a ruling from the appellate court.

The 11th Circuit today dismissed the appeal, because the denial of a pretrial motion cannot be appealed until after the entire case is concluded.

[Demosthenes]

Anyone here in central Florida? If so, drop me a PM*.

* Only applies to people who don't want to shoot me.

[The Observer]

How many people in central Florida want to shoot you?

[ASITStands]

has his own Wikipedia entry about all his lawsuits.

I have it on good authority that Riches and Modeleski were born as conjoined twins, and their surgical separation in 1973 at a clinic in Tijuana was considered largely successful. It explains much.

Well, that explains a lot!

[Demosthenes]

How many people in central Florida want to shoot you?

I can think of at least three names.

[Paul]

"Only takes one." Paul Newman, Hombre.

[Demosthenes]

It's the ones I don't know about, the quiet ones, that worry me.

[Demosthenes]

Snipes' legal team filed an appeal Friday with the 11th U.S. Circuit Court of Appeals in Atlanta, arguing that Hodges erred in rejecting the change of venue request. Lawyer Robert Barnes also filed a motion to stay the proceedings pending a ruling from the appellate court.

The 11th Circuit today dismissed the appeal, because the denial of a pretrial motion cannot be appealed until after the entire case is concluded.

The decision:
http://www.ca11.uscourts.gov/opinions/o ... 114ord.pdf

[ErsatzAnatchist]

Anyone here in central Florida? If so, drop me a PM*.

* Only applies to people who don't want to shoot me.

Demo,

Any chance you will be coming to NH for the trial of the foolish four? Granted, NH in Winter does not have the same appeal of Florida any time of the year, but if you are coming up, let me know.

[Demosthenes]

It's unlikely. I don't do snow.