Harrell, Gaylon "Whitey"

[Lambkin]

Apparently a sad turn of events for the defense.

Entered Under: HARRELL, GAYLON L
06/23/2008 Deft appears. Mr. Barringer does not appear. Attys Rustik and Bian appear for State. Deft informs Court of Mr. Barringer's hospitalization @ a hospital in Hillsboro, IL last night. Tele- conference w/above individuals and Mr. Barringer from his hospital room held on the record. Mr. Barringer reports cardiac complaints with cardiology consultation and tests scheduled for later today. Given the above, and w/o objection by State, Deft's motion to continue trial is allowed. Mr. Barringer is advised to submit an affidavit reciting his hospital care, and he is to advise the Court by week's end of his status. Teleconference to be scheduled for setting status date at which time case will be re-alloted for trial.

[Dr. Caligari]

Apparently a sad turn of events for the defense.

A sad turn of events for the defense lawyer, to whom I wish a speedy recovery.

But not a sad turn of events for the defendant. As the great trial lawyer Edward Bennett Williams is reported to have said, "an adjournment is just as good as an acquittal, except that it doesn't last as long."

[Lambkin]

Apparently a sad turn of events for the defense.

A sad turn of events for the defense lawyer, to whom I wish a speedy recovery.

But not a sad turn of events for the defendant. As the great trial lawyer Edward Bennett Williams is reported to have said, "an adjournment is just as good as an acquittal, except that it doesn't last as long."

Good point, I hadn't thought of that. But if he loses this attorney he may have a hard time finding another one willing to risk making a defense based on the PRA (or something similar) as we saw in pretrial motions.

[Investor]

What's the story on this guy? I've never heard of him.

[Demosthenes]

Which guy? The defendant or the attorney?

[Investor]

Which guy? The defendant or the attorney?

Sorry, the Defedant. I've Googled the name and see that he's a chronic tax cheat. I also see where many claim that his acquittal on similar charges in a prior trial were based on the jury "finding that there was no law". Now, obviously those claims are unlikely, and I've heard the same crap about the Vernie Kuglin acquittal, but what's the story on this guy?

[The Operative]

Dan Evans has a page on Gaylon Harrell in his Tax Protester Dossiers Wiki.

http://tpgurus.wikidot.com/gaylon-harrell

[Lambkin]

The schedule now says pre-trial will be on October 8; jury trial on October 20.

[Lambkin]

Entered Under: HARRELL, GAYLON L
10/08/2008 Attorneys Bian and Rustik appear for Stae. Defendant appears with Atty Barringer. State (Mr. Rustik) orally moves to contijnue case from October jury setting due to unavailability of witnesses. Mr. Barringer indicates no objection by defendant to the motion. Motion is allowed and cause is stricken from October jury calendar. Cause is set for status via teleconference on 10/24/08 at 9:00 a.m. to determine if December trial is feasible.

[Doktor Avalanche]

Entered Under: HARRELL, GAYLON L
10/08/2008 Attorneys Bian and Rustik appear for Stae. Defendant appears with Atty Barringer. State (Mr. Rustik) orally moves to contijnue case from October jury setting due to unavailability of witnesses. Mr. Barringer indicates no objection by defendant to the motion. Motion is allowed and cause is stricken from October jury calendar. Cause is set for status via teleconference on 10/24/08 at 9:00 a.m. to determine if December trial is feasible.

Victory!

[Lambkin]

The docket hasn't been updated but the call scheduled for today must have happened because jury trial is now set for December 15.

[Lambkin]

Entered Under: HARRELL, GAYLON L
12/03/2008 AAGRustik/AAGBian/atty Barringer and Deft appear. Both sides declare ready for trial. TMH
11/18/2008 JURY CALENDAR FOR WEEK OF DECEMBER 15, 2008 MAILED. UNASSIGNED

Still on for 12/15/08

[Lambkin]

12/15/2008 AAGRustik/AAGBian/atty Barringer and Deft appear. Cause proceeds to jury trial. Deft's objections to State's disclosure of witnesses Lovell and Staats are denied. Issue of timely disclosure of witness Caelton is reserved. Parties do not stipulate to a jury of less than twelve. Jury selection. Jury of twelve plus two alternates selected and sworn. Opening statements given by State and deft. People's case-in-chief. Witnesses Steven Giannangelo and Amber Stedman sworn and testify. People's exhibits TMH

[JustFile]

I'm surprised there aren't any postings here or elsewhere about the stunning end to this trial today.

[Demosthenes]

I'm surprised there aren't any postings here or elsewhere about the stunning end to this trial today.

Do tell!

[JustFile]

Guilty of Failure to File Illinois Income Tax returns, 3 counts.

[Demosthenes]

Looks like the jury only deliberated for 50 minutes.

12/17/2008 Jury trial continues. State's witness, Ken Daugherty, sworn and testif ies. People's Group Ex. #1 admitted over objection. State rests. Deft's oral motion for directed finding heard. Motion is denied. Deft testifies in his case-in-chief. Deft moves for admission of People's Group Ex. #5,6a,6b and 6c. These exhibits are admitted without objection. Deft rests. Deft's motion for directed finding at the close of all evidence is denied. Instructions conference is held on the record. Closing arguments presented. Jury instructed. Jury out to deliberate at 2:30pm. Jury returns to open court with verdict at 3:20pm. Jury returns verdict of guilty on charges of Deft's Willful Failure to File an Income Tax Return for 1996, 1997 & 1998. Jurors polled. Judgment of Conviction entered. Order to be submitted by State. Sentencing set for 2-5-09 @ 10:00am. Bond is set at $2000PR. All have notice.

[Dr. Caligari]

Jury out to deliberate at 2:30pm. Jury returns to open court with verdict at 3:20pm.

That took a while...

[JustFile]

Prosecution made a pretty well-prepared case. I thought that jury pool might be suspect after the last fiasco, but apparently not. 52 minutes was plenty to ring him up. Gallery wasn't very happy, but not quite as attended as you might think reading some of the previous Warrior Whitey postings on the 'Net. Also surprised not seeing much in the papers or on the 'Net on this.

[Judge Roy Bean]

Also surprised not seeing much in the papers or on the 'Net on this.

The reality of life in such matters is this is still a fringe issue with very little national media attention.

In short, the IRS' reputation of never losing thwarts all but the truly delusional followers of the defier/promoters; the vast majority of people aren't going to poke the elephant with their little broken sticks and the wealthy are content to play the avoidance edge of the game with professional advice.

If the IRS were to ever actually be beaten into submission by an appeals court on a major issue it might hit the major network news shows. Until then, those of us with a fascination for people involved in financial train wrecks of their own making (or as victims of others) are a pretty limited audience.

Trust me, there are a lot more people with complaints about lenders than there are people fighting the IRS.