Reno (Ed Brown supporter) - change of plea

[Imalawman]

Hard to argue with that, I'd have to agree. But and Reno and his lawyer might be thinking, "we beat em' once, we can beat em' again". Couldn't also work the other way too? Without the nutjobs dogwalker and Jason, Reno won't look as nutty or dangerous? One would think being lumped together with those nuts would have some negative effect which won't be there in this trial. Just thinking...

[webhick]

So the shit starts hitting the fan on the 19th...

With Bike Week in Laconia running from the 14th to the 22nd and the Nascar race on the 29th, I predict that not many supporters will be able to find lodging and will be unable to attend the trial.

[ErsatzAnatchist]

Maybe this time I will be able to show up for more than 10 minutes of the trial.

[VanMeters Revenge]

WOW! he didnt take a plea bargin...guess he had heard my ranting long enough and actually listened to me, whoa what a change of events. While I know all of you had your hearts set on him taking a deal, he isnt a terrorist or a conspiritor against the UNITED STATES. Here I was upset all morning long dreading that he would take this, man he sure had me fooled, well the day isnt done and things are looking better. Makes me wonder if he had intended to pull this little stunt all along.

[Demosthenes]

While I know all of you had your hearts set on him taking a deal, he isnt a terrorist or a conspiritor against the UNITED STATES.

Conspiring against the US Marshals is conspiring against the US, Donna.

You aren't making sense. If we wanted Reno to spend as much time in prison as possible, we'd have rooted for him to ignore the plea agreement route. That weapons charge comes with a big prison term attached. Furthermore, by not cutting a deal, he won't realistically qualify for any significant downward departures when it comes to sentencing on his earlier felony convictions.

Here I was upset all morning long dreading that he would take this, man he sure had me fooled, well the day isnt done and things are looking better. Makes me wonder if he had intended to pull this little stunt all along.

If it was a stunt, it accomplished nothing. The judge denied Reno's motion to postpone the trial.

[wserra]

guess he had heard my ranting long enough and actually listened to me, whoa what a change of events.

Good job. Let us know how you feel in fifteen years, when he is still in jail.

Actually, my guess is that by then you will no longer care. He will, you won't.

[Scoop]

The new jury won't care whether or not he left the guns there when he was kicked off the island. After all, he wasn't charged with supplying guns to the Browns, he was charged with using a weapon in a crime of violence (engaging in an armed standoff to provent the Marshals from arresting two convicted felon fugitives.)

IMO, his odds of conviction are much higher when tried alone.

You comin back?

I'll be curious to see what the prosecution does differently this time. Also curious about whether Reno will testify again.

[webhick]

guess he had heard my ranting long enough and actually listened to me

So you nagged him incessantly until he caved in and did what you want?

[Demosthenes]

You comin back?

Not unless I catch wind of something new/interesting coming out at trial.

[Demosthenes]

06/13/2008 445 WITNESS LIST by Cirino Gonzalez. (Bownes, David) (Entered: 06/13/2008)

06/13/2008 446 MOTION for Subpoena for witnesses and Authorization for Travel Expenses by Cirino Gonzalez. Follow up on Objection on 6/30/2008. (Bownes, David) (Entered: 06/13/2008)

06/13/2008 Minute Entry for proceedings held before Chief Judge George Z. Singal: MOTION HEARING as to Cirino Gonzalez held on 6/13/2008 (Court Reporter: Dennis Ford) (Govt Atty: Arnold Huftalen) (Defts Atty: David Bownes)(Total Hearing Time: 11 minutes) (jar) (Entered: 06/13/2008)

The witness list:
http://www.cheatingfrenzy.com/gonzalez445.pdf

The motion for subpoenas and expenses:
http://www.cheatingfrenzy.com/gonzalez446.pdf

[Demosthenes]

Donna, what's the use of flying in at least three witnesses (Elaine, Jose, and Romeo) who took the fifth last time?

[wserra]

Donna, what's the use of flying in at least three witnesses (Elaine, Jose, and Romeo) who took the fifth last time?

Perhaps there was an application to have CJA pay for the travel.

[Demosthenes]

An update from Reno's daddy about Friday's change of plea hearing.

I just heard from a supporter about Cirino.
You may have already read in the forums;
Despite (attorney) David Bownes' having prepared documentation to have himself fired by Cirino, the judge denied this action.
Cirino was presented with a written agreement that was too different from his verbal agreement with prosecutors.
He refused to sign and proceded to outburst at the judge for allowing such injustice to occur in the court.
Cirino cried tears of frustration prompting other members in the court to similar emotional reactions.
Twice, the judge stated that he wished he could help him; on the second time, Cirino interrupted the judge and said "YOU CAN!"
At one point, the judge asked Cirino "What do you want?" to which Cirino stated that he wanted to go home.
He was not released and we have yet to know what will occur.
The supporter reports that Cirino was told that he was being tranferred to another jail after he had left his phone cards behind (that explains his calls) but he remains in the Merrimack facility.
My heart aches at knowing that my son was frustrated to tears.
However, the supporter said that Cirino reported having been treated very differently (almost as a human being) by everyone in the court from that moment on.
More information as I get it.
STAND FOR FREEDOM
keep the faith
:{ jmg

[Demosthenes]

The guy has been in prison for just over nine months. I would imagine that at least some reality has started to seep in for all of the defendants except maybe the Dogwalker.

[notorial dissent]

I personally think Cerino has just cut his own throat, in comparison to the other two nut jobs he looks pretty innocuous, but by himself, all alone, in the spotlight, he won't look so innocent. They’ll hang him. In retrospect, I think it was a mistake for the gov’t to have tried them all together, separately their natural charms would have come to the surface and with only one idiot at a time to focus on, I don’t think the jury would have had as much difficulty.

My opinion.

As it is, I would say the lot of them are going to go away for a very long time, whether they survive is a whole other matter, and that I’m not taking bets on. Big stupid mouths tend to lead to very short lives in that environment.

[LPC]

Reading the recent messages in this thread, I came to the following realization: I don't care.

There are no big tax or other legal issues here. There are no big political issues here. There are no big human rights or moral issues here. There are no enforcement, administrative, or tactical issues here.

The justice system seems to be operating within normal limits, and there are no problems of any interest to me.

Cirino has decided to act for himself, and I wish him well, because it no longer concerns me.

Wake me when it's over.

[ErsatzAnatchist]

Donna,

I saw you were on the witness list for Reno. Is there much chance you will be testifying? Will you be coming to Concord for the trial?

[webhick]

Donna,

I saw you were on the witness list for Reno. Is there much chance you will be testifying? Will you be coming to Concord for the trial?

Planning to hit on her during the trial are you?

Would you want to go where Reno's been?

[ErsatzAnatchist]

Donna,

I saw you were on the witness list for Reno. Is there much chance you will be testifying? Will you be coming to Concord for the trial?

Planning to hit on her during the trial are you?

Would you want to go where Reno's been?

For some reason I want to respond with a Blade Runner reference, but can't seem to come up with one.

[Demosthenes]

UNITED STATES DISTRICT COURT DISTRICT OF NEW HAMPSHIRE

UNITED STATES OF AMERICA
v.
CIRINO GONZALEZ

ASSENTED-TO MOTION FOR LEAVE TO DISMISS COUNTS ONE AND FIVE OF THE PENDING THIRD SUPERSEDING INDICTMENT, WITHOUT PREJUDICE
Pursuant to Fed. R. Crim. P. 48(a)

The government, with the express assent of the defendant, seeks leave of Court to dismiss, without prejudice, Counts One and Five of the pending Third Superseding Indictment.

In support the government asserts the following. The defendant was convicted of Counts Two and Three at trial. The defendant and the government agree that it is in their respective best interests that the remaining two counts be dismissed, without prejudice, and that the defendant be sentenced on the two counts upon which he has been convicted.

Under Federal Rule of Criminal Procedure 48(a) the government may terminate a prosecution without prejudice, whether the defendant assents or not, so long as the trial has not yet begun. In this case the retrial has not yet begun and the defendant assents. Rule 48(a) states, “[t]he government may, with leave of court, dismiss an indictment, information or complaint. The government may not dismiss the prosecution during trial without the defendant’s consent.”

Rule 48(a) dismissals are customarily without prejudice and allow for re-indictment at a later time, within the applicable statute of limitations. See U.S. v. Raineri, 42 F.3d 36, 43 (1st Cir. 1994) (citing United States v Mata, 937 F.2d 567, 568 (11th Cir. 1991)). A defendant is not injured by the dismissal of an Indictment without prejudice. “[A]bsent extraordinary circumstances, a defendant has no standing to appeal the dismissal of an indictment. In Parr v. United States, 351 U.S. 513, 76 S.Ct. 912, 100 L.Ed. 1377 (1956), the Supreme Court explained that a defendant is not injured by the dismissal of an indictment without prejudice pursuant to Fed. R. Crim. P. 48(a).” U.S. v. Moller-Butcher, 723 F.2d 189, 190-91 (1st Cir. 1983). Any claim of prejudice would not be ripe until a later indictment were returned. Only then would the defendant be in a position to make the claim that he may have been prejudiced. Id. However, in this case the defendant does not object.

Unless a contrary intent is clearly expressed, Rule 48(a) dismissals are without prejudice. See e.g. United States v. Mata, 937 F. 2d 567 (11th Cir. 1991); see also United States v. Chase, 372 F.2d 453, 463-64 (4th Cir. 1967) (“It is true that Rule 48(a) states that a United States Attorney may, by leave of court, file a dismissal of an indictment ‘and the prosecution shall thereupon terminate,’ but the authorities are replete that such a dismissal is without prejudice. Mann v. United States, 113 U.S.App.D.C. 27, 304 F.2d 394, cert. den. 371 U.S. 896, 83 S.Ct. 194, 9 L.Ed.2d 127 (1962); United States v. Becker, 221 F.Supp. 950 (W.D.Mo.1963); United States v. Shanahan, 168 F.Supp. 225 (S.D.Ind.1959); United States v. Bowles, 183 F.Supp. 237 (D.Me.1958); United States v. Garces Dorrego, 17 F.R.D. 340 (D.Puerto Rico 1955). According to the rule, it is only when a trial has begun and jeopardy has attached that a dismissal may not be filed without a defendant's counsel.”) In this case, the retrial has not begun and the defendant assents.

Wherefore, with the defendant’s assent, the government respectfully requests that leave of Court to dismiss Counts One and Five of the pending Third Superseding Indictment, without prejudice, be granted.

June 16, 2008 Respectfully submitted,

THOMAS P. COLANTUONO
United States Attorney

By: /s/ Arnold H. Huftalen
Arnold H. Huftalen
Assistant U.S. Attorney
N.H. Bar Assoc. No. 1215
53 Pleasant Street, 4th Floor
Concord, New Hampshire 03301
(603) 225-1552
CERTIFICATION OF ASSENT and SERVICE
I hereby certify the defendant assents to the relief sought
and that this Motion has been filed electronically, this date,
and has thereby been served upon all counsel of record via ecf
filing notice.

/s/ Arnold H. Huftalen
Arnold H. Huftalen
Assistant U.S. Attorney