Flurry Continued

[Demosthenes]

Before Stevie hijacked the other thread, we were discussing the recent flurry of activity in the Brown supporter criminal cases.

Here are the DogWalker's newest filings:

01/07/2008 RESCHEDULING NOTICE OF HEARING as to Daniel Riley, Jason Gerhard, Cirino Gonzalez, Robert Wolffe: Final Pretrial Conference set for 1/22/2008 02:30 PM before Chief Judge George Z. Singal will be held in Portland, Maine. (jar) (Entered: 01/07/2008)

01/07/2008 110 OBJECTION by USA as to Daniel Riley re 78 MOTION to Sever. (Huftalen, Arnold) (Entered: 01/07/2008)

01/07/2008 111 ORDER TO TRANSPORT as to Daniel Riley. Signed by Clerk James R. Starr.(jar) (Entered: 01/07/2008)

01/07/2008 112 NOTICE for an Order to Dismiss Indictment for an Unlawful Arrest and Gives Rule 201(b) Notice by Daniel Riley. (jar) (Entered: 01/07/2008)

01/07/2008 113 MOTION to Dismiss for an Unlawful Arrest by Daniel Riley. Served on 1/2/2008. Follow up on Objection on 1/25/2008. (jar) (Entered: 01/07/2008)

01/07/2008 ENDORSED ORDER as to Daniel Riley RE 112 Notice for an Order to Dismiss Indictment for an Unlawful Arrest and Gives Rule 201(b) Notice. Text of Order: Denied as frivolous. The Court having ruled on the motion, there is no need to raise the issue at the conference on 1/8/08. So Ordered by Judge George Z. Singal. (jar) (Entered: 01/07/2008)

01/07/2008 ENDORSED ORDER denying 113 Motion to Dismiss as to Daniel Riley (1). Text of Order: Denied as frivolous. The Court having ruled on the motion, there is no need to raise the issue at the conference on 1/8/08. So Ordered by Judge George Z. Singal. (jar) (Entered: 01/07/2008)

01/07/2008 116 OBJECTION by USA as to Daniel Riley re 86 MOTION for Bill of Particulars. (Huftalen, Arnold) (Entered: 01/07/2008)

01/08/2008 117 ORDER denying 86 Motion for Bill of Particulars as to Daniel Riley (1). So Ordered by Judge George Z. Singal. (jar) (Entered: 01/08/2008)

01/08/2008 119 ORDER denying 78 Motion to Sever Defendant as to Daniel Riley (1). So Ordered by Judge George Z. Singal. (jar) (Entered: 01/09/2008)

01/08/2008 Minute Entry for proceedings held before Judge George Z. Singal : PRETRIAL CONFERENCE as to Daniel Riley, Jason Gerhard, Cirino Gonzalez, Robert Wolffe held on 1/8/2008. Order to Issue. (Court Reporter: Dennis Ford) (Govt Atty: Arnold Huftalen, Robert Kinsella) (Defts Atty: Stanley Norkunas, Paul Garrity, David Bownes, Daniel Riley and Sven Wiberg as standby counsel)(Total Hearing Time: 49 mins) (jar) (Entered: 01/09/2008)

01/08/2008 132 MOTION to Dismiss Indictment as Defective by Daniel Riley. Served on 1/8/2008. Follow up on Objection on 1/28/2008. (jar) (Entered: 01/10/2008)

01/08/2008 133 PRELIMINARY WITNESS LIST by Daniel Riley. (jar) (Entered: 01/10/2008)

01/08/2008 134 OBJECTION by Daniel Riley (jar) (Entered: 01/10/2008)

01/08/2008 135 OBJECTION 2 by Daniel Riley (jar) (Entered: 01/10/2008)

01/08/2008 136 MOTION to Suppress Evidence Unlawful Search Warrant by Daniel Riley. Served on 1/8/2008. Follow up on Objection on 1/28/2008. (jar) (Entered: 01/10/2008)

01/08/2008 137 MOTION for Writ of Mandamus by Daniel Riley. Served on 1/8/2008. Follow up on Objection on 1/28/2008. (Attachments: # 1 Exhibit A Motion for An Acquittal with Judge Singal's order attached, # 2 Exhibit B Motion for Order to Show Cause with Judge Singal's order attached, # 3 Exhibit C Motion in Limine to Compel Proof with Judge Singal's Order attached, # 4 Exhibit D Motion for Discovery with Judge Singal's order attached)(jar) (Entered: 01/10/2008)

01/09/2008 120 Order on Matters Decided at Conference on January 8, 2008. Exhibit List due by 1/25/2008. Witness List due by 1/18/2008. Motions due by 1/16/2008. Jury Selection set for 1/24/2008 09:30 AM before Chief Judge George Z. Singal. Jury Trial set for 1/28/2008 08:30 AM before Chief Judge George Z. Singal. Government to respond to Defendants Riley and Gerhard's Motions to Suppress by 1/15/2008. So Ordered by Judge George Z. Singal. (jar) (Entered: 01/09/2008)

01/09/2008 121 NOTICE OF APPEAL (Interlocutory) by Daniel Riley re Order on Motion for Order to Show Cause, Order on Motion for Speedy Trial. File-stamped copy to be sent to parties/USCA by Clerks Office. (jar) (Entered: 01/09/2008)
01/09/2008 122 Appeal Cover Sheet as to Daniel Riley re 121 Notice of Appeal - Interlocutory (jar) (Entered: 01/09/2008)
01/09/2008 123 Clerk's Certificate transmitting Record on Appeal to US Court of Appeals, documents numbered 38, 82, 97, 121, as to Daniel Riley to USCA re 121 Notice of Appeal - Interlocutory. A copy of the Notice of Appeal mailed to all parties this date. (jar) (Entered: 01/09/2008)

01/09/2008 124 SECOND SUPERSEDING INDICTMENT as to Daniel Riley (1) count(s) 1ss, 2ss, 3ss, 6ss, 7ss, Jason Gerhard (2) count(s) 1s, 2s, 3s, 4s, Cirino Gonzalez (3) count(s) 1s, 2s, 3s, 5s, Robert Wolffe (4) count(s) 1s, 2s, 3s. Original document available in clerks office.(jar) (Entered: 01/09/2008)

01/09/2008 126 Praecipe for Warrant by USA as to Daniel Riley. (jar) (Entered: 01/09/2008)

01/09/2008 Writ for Arrest Issued as to Daniel Riley, Jason Gerhard, Cirino Gonzalez, Robert Wolffe. (jar) (Entered: 01/09/2008)

01/09/2008 130 ORDER ON JURY QUESTIONNAIRES as to Daniel Riley, Jason Gerhard, Cirino Gonzalez, Robert Wolffe. So Ordered by Judge George Z. Singal. (jar) (Entered: 01/09/2008)

01/09/2008 NOTICE OF HEARING as to Daniel Riley, Jason Gerhard, Cirino Gonzalez, Robert Wolffe: Arraignment on 2ND Superceding Indictment set for 1/15/2008 02:00 PM before Magistrate Judge James R. Muirhead. (amm) (Entered: 01/09/2008)

[ErsatzAnatchist]

With the second superseding indictment, will the trial date get moved back?

[Demosthenes]

Don't know yet. That'll probably be discussed at the hearing on the 15th.

[grixit]

I'd like to see the order to the standby counsel to educate Riley on proper trial procedure.

[grixit]

Let me be the first to jump in with a new bugaboo for the paranoid:

(jar) = "Jewish Accredited Registery"

[Judge Roy Bean]

With the second superseding indictment, will the trial date get moved back?

IMHO, no. At least some part of the piling on is probably in response to not getting cooperation from the pro se fools. The frivolous smoke screen filings are a bit like handwriting on the wall and shouldn't require a huge amount of judicial attention that could justify a delay.

Of course, no one here apparently knows what the court's load really looks like.

It's higher and higher stakes poker as time goes on. And methinks there will be more to come, but something tells me Danny and the crew don't really understand how many cards are really in the deck.

[ErsatzAnatchist]

It's higher and higher stakes poker as time goes on. And methinks there will be more to come, but something tells me Danny and the crew don't really understand how many cards are really in the deck.

That is because they have never played with a full deck to begin with.

That was too easy. Thanks for the softball Judge.

[Demosthenes]

01/11/2008 ENDORSED ORDER denying 132 Motion to Dismiss Indictment as Defective as to Daniel Riley (1). Text of Order: Denied as frivolous So Ordered by Judge George Z. Singal. (jar) (Entered: 01/11/2008)

01/11/2008 ENDORSED ORDER as to Daniel Riley re 134 OBJECTION. Text of Order: Denied as frivolous So Ordered by
Judge George Z. Singal. (jar) (Entered: 01/11/2008)

01/11/2008 ENDORSED ORDER as to Daniel Riley re 135 OBJECTION 2. Text of Order: Denied as frivolous. So Ordered by Judge George Z. Singal. (jar) (Entered: 01/11/2008)

01/11/2008 ENDORSED ORDER denying 136 MOTION to Suppress Evidence Unlawful Search Warrant as to Daniel Riley (1). Text of Order: Denied as frivolous. The Court notes Defendant Riley's claim that he was not given an inventory of items seized from 62 Younglove Avenue, Cohoes, New York. So Ordered by Judge George Z. Singal. (jar) (Entered: 01/11/2008)

01/11/2008 ENDORSED ORDER denying 137 MOTION for Writ of Mandamus as to Daniel Riley (1). Text of Order: Denied as frivolous. So Ordered by Judge George Z. Singal. (jar) (Entered: 01/11/2008)

[LPC]

01/11/2008 ENDORSED ORDER denying 132 Motion to Dismiss Indictment as Defective as to Daniel Riley (1). Text of Order: Denied as frivolous So Ordered by Judge George Z. Singal. (jar) (Entered: 01/11/2008)

01/11/2008 ENDORSED ORDER as to Daniel Riley re 134 OBJECTION. Text of Order: Denied as frivolous So Ordered by Judge George Z. Singal. (jar) (Entered: 01/11/2008)

01/11/2008 ENDORSED ORDER as to Daniel Riley re 135 OBJECTION 2. Text of Order: Denied as frivolous. So Ordered by Judge George Z. Singal. (jar) (Entered: 01/11/2008)

01/11/2008 ENDORSED ORDER denying 136 MOTION to Suppress Evidence Unlawful Search Warrant as to Daniel Riley (1). Text of Order: Denied as frivolous. The Court notes Defendant Riley's claim that he was not given an inventory of items seized from 62 Younglove Avenue, Cohoes, New York. So Ordered by Judge George Z. Singal. (jar) (Entered: 01/11/2008)

01/11/2008 ENDORSED ORDER denying 137 MOTION for Writ of Mandamus as to Daniel Riley (1). Text of Order: Denied as frivolous. So Ordered by Judge George Z. Singal. (jar) (Entered: 01/11/2008)

The Riley/Singal tag team may be on the way to setting a new record for the most uses of the word "frivolous" on a court docket.

[notorial dissent]

No, Judge, what the fab four don’t understand, is that there are NO more cards left in the deck, and they have been left holding bupkis, and they are just too brain dead to know they should have folded long ago. I like playing poker with chumps like this, a win every time.

[Demosthenes]

Plainfield


Brown crew faces bomb-making counts
New charges involve bomb jars, trip wires

By Margot Sanger-Katz
Monitor staff

January 13. 2008 12:40AM

Two men accused of helping Plainfield tax protesters Ed and Elaine Brown evade capture have been accused of building improvised explosive devices, new charges in their case scheduled for trial later this month.

A new indictment in their case alleges that Jason Gerhard of Brookhaven, N.Y., constructed pipe bombs to help the Browns resist capture from federal agents. It also accuses Daniel Riley of Cohoes, N.Y., of creating an explosive device using Tannerite, a highly explosive material, and with building homemade guns, designed as booby traps to shoot shotgun shells. If the men are convicted, the new charges carry mandatory minimum sentences of 30 years in prison.

The Browns were arrested in an undercover operation this fall after holding off authorities for nearly nine months. The couple were convicted last January of plotting to evade taxes on nearly $2 million of Elaine Brown's income, but they holed up in their castle-like home, hosting a variety of guests, stockpiling weapons and bombs and threatening violence if federal marshals came to arrest them. They maintained throughout that there is no law requiring them to pay income taxes and that they were outside the jurisdiction of the U.S. government.

Riley and Gerhard are two of four supporters of the couple who have been charged with conspiring to interfere with the government's efforts to arrest them and with aiding and abetting the couple. They are scheduled for a joint trial on Jan. 28 with Cirino Gonzales of Alice, Texas, and Robert Wolffe of Randolph, Vt. Gerhard, Gonzalez and Riley also face charges for bringing weapons to the Browns.

During the Browns' standoff, the couple spoke frequently on their daily radio show about booby traps and explosives they had placed on their property to respond to an assault but did not provide much detail about their number or sophistication. Following their arrest, agents from the Bureau of Alcohol, Tobacco, Firearms and Explosives combed the property and found dozens of completed destructive devices and the materials to build many more, according to court documents and statements made by prosecutors at pretrial hearings. The agent in charge of the case, a 21-year veteran of the bureau, told the Monitor that it was the largest seizure of improvised explosives devices he had ever seen.

According to a list of bombs and bomb components and the statements of Assistant U.S. Attorney Arnold Huftalen at a hearing, the destructive devices fell into several broad categories, only some of which are included in the new charges. Huftalen declined to comment further on the case.

Hanging from the trees

According to Huftalen's remarks during the hearing, Riley told investigators that he had purchased an explosive chemical mixture called Tannerite, mixed together its components and hung jars of the compound from trees and outbuildings, with bright orange markers facing the Browns' fortified concrete house. The Browns' home featured a watchtower with a 360 degree view of the property, and investigators found a .50-caliber rifle there, a gun capable of hitting targets more than a mile away with high accuracy. Huftalen said that Riley described a plan to shoot the Tannerite jars from afar if federal agents were spotted entering the property. If the jars were ignited, the explosion would be powerful enough to injure or kill anyone in the general proximity, Huftalen said. The indictment charges Riley with creating these Tannerite devices.

At the hearing, Huftalen also said that Riley described building improvised guns from pipes and other hardware, many of which were found at the scene. The devices worked as spring-loaded detonators for shotgun shells and were held back with pins tied to tripwires. The plan, as Riley described it, was to secure the guns to trees along the property line and string the wires to nearby trees so that someone walking through the property might trip the wire, shooting a shotgun shell in their direction. ATF agents found the guns stored inside, but saw some evidence to suggest they had been attached to trees, then taken down. According to court documents and statements, Riley told investigators that he helped assemble these guns with materials provided by Wolffe. Riley is charged with building them.

Investigators also found about two dozen complete and several incomplete pipe bombs at the Browns' house. According to the indictment, Gerhard "assembled, used and possessed" the bombs, though no court documents say how investigators know about his role.

Lock box

Around the time of his arrest, local police officers found a pipe bomb in Gerhard's room at his mother's home in Long Island, they said. Gerhard has not been charged with any crime related to that bomb, though his lawyer has filed a motion to suppress evidence of it from Gerhard's upcoming trial, arguing that police violated his rights when they opened a small locked box in Gerhard's locked room when his mother only consented to a search for "long guns."

With the new indictments, the defendants could ask that their trial be postponed, according to Sven Wiberg, an attorney who is advising Riley. Riley has chosen to represent himself and has filed so many pretrial motions - including one demanding the judge recuse himself because of his ties to a "Masonic order" - that Judge George Singal has insisted that future filings be reviewed before the government is required to answer.

Wiberg said that discovery has begun in the case, but the government's evidence is extensive, and much of it is digital and therefore difficult for Riley to review from jail. He said he did not know whether Riley would seek more time now that he faces new charges.

Stanley Norkunas, Gerhard's lawyer, did not return a phone call yesterday.

Browns next?

It also appears that new evidence may be forthcoming. Recent court filings include search warrants to collect DNA samples from all four defendants. According to an affidavit filed as part of the warrant application, investigators have found DNA evidence on a pipe bomb, a nail bomb, a can of gunpowder and several rifles.

At a hearing earlier this week, Wolffe told the judge that he planned to change his plea to guilty, according to Wiberg, who was there. Paul Garrity, Wolffe's attorney, did not return phone and e-mail messages, but a docket entry in Wolffe's court file shows a change of plea hearing scheduled for Jan. 22. Wolffe has indicated that he would change his plea once before, but chose not to at an earlier hearing scheduled for that purpose.

U.S. Marshal Stephen Monier, who led the effort to apprehend the Browns and whose office arrested the four supporters, has indicated that the Browns will face new charges for their actions during the standoff. So far, they have not been charged with any additional crimes and are serving 63-month sentences for their tax crimes.

[grixit]

<SteveMode> B-but, they never used any of those weapons, so why is the government being such a meany? </SteveMode>

[LPC]

According to Huftalen's remarks during the hearing, Riley told investigators that he had purchased an explosive chemical mixture called Tannerite, mixed together its components and hung jars of the compound from trees and outbuildings, with bright orange markers facing the Browns' fortified concrete house. The Browns' home featured a watchtower with a 360 degree view of the property, and investigators found a .50-caliber rifle there, a gun capable of hitting targets more than a mile away with high accuracy. Huftalen said that Riley described a plan to shoot the Tannerite jars from afar if federal agents were spotted entering the property. If the jars were ignited, the explosion would be powerful enough to injure or kill anyone in the general proximity, Huftalen said. The indictment charges Riley with creating these Tannerite devices.

At the hearing, Huftalen also said that Riley described building improvised guns from pipes and other hardware, many of which were found at the scene. The devices worked as spring-loaded detonators for shotgun shells and were held back with pins tied to tripwires. The plan, as Riley described it, was to secure the guns to trees along the property line and string the wires to nearby trees so that someone walking through the property might trip the wire, shooting a shotgun shell in their direction. ATF agents found the guns stored inside, but saw some evidence to suggest they had been attached to trees, then taken down. According to court documents and statements, Riley told investigators that he helped assemble these guns with materials provided by Wolffe. Riley is charged with building them.

Who needs fingerprints, DNA, or other scientific evidence when you've got a defendant willing to tell you everything he did and why.

This is beyond stupidity, and into the realm of the pathologically self-destructive.

[Famspear]

Maybe Riley will argue that no one has yet "shown him the law" making it illegal for him to set explosives that could kill or injure law enforcement personnel.

Too bad Aaron Russo is gone. If Russo were still around, Riley could hire Russo to walk around (a la "America: Freedom to Fascism") and do "on the street" interviews with people at random, asking them, "Have you ever read any actual law that makes it illegal to set explosive devices to kill or injure law enforcement personnel?"

[webhick]

Who needs fingerprints, DNA, or other scientific evidence when you've got a defendant willing to tell you everything he did and why.

This is beyond stupidity, and into the realm of the pathologically self-destructive.

I think you nailed it. A guilty conscious has a desire to be punished, confess, or otherwise be caught. If he's not just being a moron, then I don't think he feels truly justified in his actions. There may still be a voice inside him telling him that he did wrong. It's just a little hard to hear over the other voices telling him to mate with cottage cheese.

[grixit]

That's "conscience".

[webhick]

That's "conscience".

I'm losing my mind.

[notorial dissent]

<SteveMode> B-but, they never used any of those weapons, so why is the government being such a meany? </SteveMode>

Grixit, close, but you don’t have quite the right tone of whine and the lip quiver isn’t quite right yet.

Between the blogs, radio shows, and general big mouthedness of all concerned, I would think physical evidence would just be gilding the lily. The words of Daniel Riley will do anything but set him free.

[LPC]

Who needs fingerprints, DNA, or other scientific evidence when you've got a defendant willing to tell you everything he did and why.

This is beyond stupidity, and into the realm of the pathologically self-destructive.

I think you nailed it. A guilty conscious has a desire to be punished, confess, or otherwise be caught.

That's a more charitable way of looking at it.

But why did he get involved with the Browns to begin with if he didn't have a subconscious desire to ruin his own life?

I guess we can agree that, at the very least, he's conflicted.

[.]

he's conflicted

I think it's much more mundane. As in merely a typical clueless TP idiot.