Ed and Elaine's Indictment has been unsealed
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Re: Ed and Elaine's Indictment has been unsealed
Everyone knows that the stupidity quotient is equal to the cube of the number of participants.
The product of E + E will be 8 times as stupid as the result of either of them "working" alone.
The product of E + E will be 8 times as stupid as the result of either of them "working" alone.
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Re: Ed and Elaine's Indictment has been unsealed
Without being able to pull out a cite on point, I would still disagree. One can make a strong case that there is such a right - which, like everything else, can be abused and is therefore subject to reasonable conditions. It flows from three propositions. (1) The right to coordinate defenses among codefendants, which is firmly enough established that the attorney-client privilege has been extended to communications between an accused and a lawyer for a codefendant in a so-called "joint defense" situation. E.g., United States v. Schwimmer, 892 F.2d 237 (2nd Cir. 1989). When I was doing this stuff, we would put joint defense agreements in writing. (2) The right to represent oneself. Faretta v. California, 422 U.S. 806 (1975). (3) The right of defendants who are pro se to essentially the same tools as those who are represented. McKaskle v.Wiggins, 465 U.S. 168 (1984).LPC wrote:There's obviously a right to counsel, and lawyers representing co-defendants are free to talk (or not talk) to each other as they please, but is there any right of a pro se defendant to confer with another pro se defendant? I would expect not.
I think those three add up to the Browns' right to compound stupidity.
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Re: Ed and Elaine's Indictment has been unsealed
Of course, that went so well for everyone involved.Judge Roy Bean wrote:Actually, I think there is (drawing purely on memory here at this hour). The most recent example that comes to mind is the Dorean Group trial where Johnson and Heineman were representing themselves.LPC wrote:....
There's obviously a right to counsel, and lawyers representing co-defendants are free to talk (or not talk) to each other as they please, but is there any right of a pro se defendant to confer with another pro se defendant? I would expect not.
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Re: Ed and Elaine's Indictment has been unsealed
As much as the mere thought of E&E coordinating anything causes ones senses to recoil in horror, I suspected that they are not only entitled to make bigger fools of themselves than they otherwise would have, but that Wes, being a former public defender, would easily be able to provide some legalese supporting it. Sure enough.
It's complicated by the fact that these two pro se "attorneys" are both incarcerated, which no doubt brings into play all sorts of "inmate rights" stuff, some of which may actually be Constitutionally important. They probably have the same rights that any pair of unincarcerated pro se moron co-defendants have.
Which means that this could actually be a case of first impression. Leave it to Ed.
My layman's take is that since they're both their own attorneys (even though Elaine claims she won't attend her own trial,) they have the right to consult with each other without limit.Wes wrote:(1) The right to coordinate defenses among codefendants, which is firmly enough established that the attorney-client privilege has been extended to communications between an accused and a lawyer for a codefendant in a so-called "joint defense" situation. E.g., United States v. Schwimmer, 892 F.2d 237 (2nd Cir. 1989). When I was doing this stuff, we would put joint defense agreements in writing. (2) The right to represent oneself. Faretta v. California, 422 U.S. 806 (1975). (3) The right of defendants who are pro se to essentially the same tools as those who are represented. McKaskle v.Wiggins, 465 U.S. 168 (1984).
It's complicated by the fact that these two pro se "attorneys" are both incarcerated, which no doubt brings into play all sorts of "inmate rights" stuff, some of which may actually be Constitutionally important. They probably have the same rights that any pair of unincarcerated pro se moron co-defendants have.
Which means that this could actually be a case of first impression. Leave it to Ed.
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Re: Ed and Elaine's Indictment has been unsealed
And the Browns are permitted frequent visits to coordinate joint inanity^H^H^H^H^H^H^H defense. As it should be.
Damn jackbooted thugs. Thanks, Scoop.
Damn jackbooted thugs. Thanks, Scoop.
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Re: Ed and Elaine's Indictment has been unsealed
Excellent article, as usual. Joe Haas has provided dessert:wserra wrote:And the Browns are permitted frequent visits to coordinate joint inanity^H^H^H^H^H^H^H defense. As it should be.
Damn jackbooted thugs. Thanks, Scoop.
Now we have to train pro se dependents on how to be lawyers for free? If that's the case, who foots the bill for the guards to make sure they don't make a break for it? And who is brave enough to physically gag E&E so they don't shout sovereign obscenities during someone else's trial? What's the standard worker's comp settlement on having a finger bitten off and swallowed by a dentist or exterminator?Let them design the rocket in the lab, but refuse them launch pad time!?
By JosephSHaas on Thu, 03/05/2009 - 10:36
This is good, but not great. There is a case that outlines the guarantee of "access to the courts". Knowing what to write and say is one thing, but to deliver it at the right time, and in the correct manner is a skill one learns first by observation. My suggestion is that, even though they are federal prisoners in a county facility, they also be allowed to visit the courthouse next door to observe HOW attorneys handle their cases in the courtroom to pick up tips on what to do in Concord next month. Especially since when assigned a Bar Association attorney he or she already knows HOW to do this by both training in observation AND participating in mock trials while in school, and in on- the- job training for a time as a paralegal before they are licensed. There is the constitutional guarantee of "equal" rights, right? JSH
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Re: Ed and Elaine's Indictment has been unsealed
Here's a tip that "Fast Eddy" Brown might have picked up from his first trial:JosephSHaas wrote:My suggestion is that, even though they are federal prisoners in a county facility, they also be allowed to visit the courthouse next door to observe HOW attorneys handle their cases in the courtroom to pick up tips on what to do in Concord next month.
ATTEND THE TRIAL!
Judging by how Edward of Clan:Moron handled his first trial (and the post-conviction "appeal" and "pleadings"), I think that we're looking at a learning curve that is Sisyphean at best.
Or, putting it more basic terms: You can't polish horse turds. The only thing that Ed will "learn" from time in court is that lawyers are part of the great Zionist-Masonic conspiracy.
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Re: Ed and Elaine's Indictment has been unsealed
Incorrect. The Mythbusters succeeded.LPC wrote: Or, putting it more basic terms: You can't polish horse turds.
Three cheers for the Lesser Evil!
10 . . . . . . . . . . . . . . . 2
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Re: Ed and Elaine's Indictment has been unsealed
Indeed they did, although I don't recall that it was a horse turd. Whatever it was wound up with amazing reflective properties for a turd. Shinier than the average 10 year-old chrome auto bumper.The Mythbusters succeeded
Although some may think that this discussion of turds, horse-derived or otherwise constitutes a highjacking of this E&E topic as we all contemplate the high liklihood of both of these turds dying in federal prison, it clearly isn't as E&E and all of their machinations are nothing but BS.
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Re: Ed and Elaine's Indictment has been unsealed
The court has allowed Ed & Elaine to meet together to make joint plans for their trial.
http://www.concordmonitor.com/apps/pbcs ... 043/NEWS01
http://www.concordmonitor.com/apps/pbcs ... 043/NEWS01
Browns allowed daily meetings
Couple map defense without an attorney
By Margot Sanger-Katz
Monitor staff
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March 05, 2009 - 12:00 am
A federal judge has given his blessing for Ed and Elaine Brown to enjoy daily, supervised visits at the Strafford County jail so the couple can coordinate defense strategies on their own behalf against a multitude of felony charges alleging conspiracy, weapons possession and obstruction of justice.
The couple were charged earlier this year for their conduct during a nearly nine-month standoff at their fortified Plainfield home. The Browns evaded arrest while entertaining guests, threatening law enforcement officers, and stockpiling weapons and homemade bombs, prosecutors say, and were ultimately arrested in October 2007 by an undercover team of U.S. marshals posing as supporters.
During separate arraignments last month, the Browns disputed the legitimacy of the charges against them and of the court overseeing their case. They refused to enter pleas and declined the services of court-appointed attorneys. Elaine Brown told the judge she did not wish to attend any future hearings or her trial.
But in a motion filed with the court last week, Elaine Brown asked that she be allowed to meet with her husband to plan their defense. In a response submitted Tuesday, prosecutors said the U.S. Marshals Service, which is supervising the Browns as they await charges, was instructed to facilitate daily meetings.
"The defendants will be allowed to meet privately with each other for at least one hour per day, seven days per week," the motion said, adding that attempts will be made to extend the meetings to two hours.
"While the defendants are together, they will be monitored visually by jail personnel but their conversations will not be monitored," it said.
The motion also indicated that the Browns would have shared access to the jail's law library and government discovery documents.
In an order signed yesterday, Judge George Singal said the jail should continue to let the Browns meet.
The couple have been separated since their arrest in October 2007, and they were reunited during a brief meeting on the day of their arraignments. The prosecution motion said the couple's daily meetings in jail have already begun.
The Browns virtually face life sentences if they are convicted of all of the charges against them. Ed Brown, 66, and Elaine Brown, 68, are serving 63-month sentences for tax-related crimes. One of the new charges - of possessing destructive devices - carries a mandatory minimum sentence of 30 years in prison, on top of any penalties from the other charges.
At the time of the Browns' arrest, dozens of explosive devices, including pipe bombs, gunpowder grenades, homemade mines and exploding rifle targets, were found inside their house, prosecutors said. During the trial of three supporters last year, a technician from the Bureau of Alcohol, Tobacco, Firearms and Explosives testified that Ed Brown's fingerprints had been found on several of the devices.
The Browns' trial is scheduled for April.
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Re: Ed and Elaine's Indictment has been unsealed
I'm not sure that's very useful; for them it's just a world of fantasy.The motion also indicated that the Browns would have shared access to the jail's law library ....
The Honorable Judge Roy Bean
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Re: Ed and Elaine's Indictment has been unsealed
"Knowing what to write and say is one thing, but to deliver it at the right time, and in the correct manner is a skill one learns first by observation. My suggestion is that, even though they are federal prisoners in a county facility, they also be allowed to visit the courthouse next door to observe HOW attorneys handle their cases in the courtroom to pick up tips on what to do in Concord next month. Especially since when assigned a Bar Association attorney he or she already knows HOW to do this by both training in observation AND participating in mock trials while in school, and in on- the- job training for a time as a paralegal before they are licensed. There is the constitutional guarantee of "equal" rights, right? JSH"
Perhaps the county will let them stay @ Holiday Inn Express........
meanwhile.... Somewhere in the back of the E&E think-tank .... "We're not real lawyers, but we play one's on TV"
Perhaps the county will let them stay @ Holiday Inn Express........
meanwhile.... Somewhere in the back of the E&E think-tank .... "We're not real lawyers, but we play one's on TV"
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Re: Ed and Elaine's Indictment has been unsealed
Welcome to Quatloos.eyeronical wrote:meanwhile.... Somewhere in the back of the E&E think-tank .... "We're not real lawyers, but we play one's on TV"
I don't think the E&E think-tank would want their ilk to be associated with lawyers. After all, lawyers are part of the evil B.A.R. association.
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Re: Ed and Elaine's Indictment has been unsealed
Docket updates:
Date Filed # Docket Text
01/21/2009 1 SEALED INDICTMENT as to Edward Brown (1) count(s) 1, 2, 3, 5, 7, 9, 10, Elaine Brown (2) count(s) 1, 2, 4, 6, 8, 11. NOTICE OF CRIMINAL FIREARMS FORFEITURE. Original document available in clerks office.(vln) Modified on 2/10/2009 to add: NOTICE OF CRIMINAL FIREARMS FORFEITURE. (dae). (Entered: 01/22/2009)
http://www.cheatingfrenzy.com/brown2_1.pdf
01/21/2009 3 MOTION to Seal Case at Level I until defendants are arraigned by USA as to Edward Brown, Elaine Brown. (vln) Modified on 2/10/2009 to add: are arraigned and take out "taken into custody" (dae). (Entered: 01/22/2009)
http://www.cheatingfrenzy.com/brown2_3.pdf
01/21/2009 ENDORSED ORDER granting 3 Motion to Seal Case at Level I as to Edward Brown (1), Elaine Brown (2). Text of Order: Granted. So Ordered by Judge Joseph A. DiClerico, Jr. (vln) (Entered: 01/22/2009)
01/21/2009 4 Praecipe for Warrant by USA as to Edward Brown. (vln) (Entered: 01/22/2009)
http://www.cheatingfrenzy.com/brown2_4.pdf
01/21/2009 5 Praecipe for Warrant by USA as to Elaine Brown. (vln) (Entered: 01/22/2009)
01/21/2009 Arrest Warrant Issued as to Edward Brown, Elaine Brown. Original warrant and copies to US Marshal and US Probation. (vln) (Entered: 01/22/2009)
http://www.cheatingfrenzy.com/brown2_5.pdf
01/28/2009 6 ORDER OF RECUSAL as to Edward Brown, Elaine Brown. Judge Paul J. Barbadoro recused. So Ordered by Judge Paul J. Barbadoro. (vln) (Entered: 01/29/2009)
http://www.cheatingfrenzy.com/brown2_6.pdf
02/02/2009 7 ORDER OF RECUSAL as to Edward Brown, Elaine Brown. Chief Judge Steven J. McAuliffe recused. So Ordered by Chief Judge Steven J. McAuliffe. (vln) (Entered: 02/02/2009)
http://www.cheatingfrenzy.com/brown2_7.pdf
02/06/2009 9 ORDER. All of the NH active service district judges are recused, case is referred to District of Maine. Concurring Order sent. Miscellaneous Deadline set for 3/2/2009 for return of Concurring Order. So Ordered by Chief Judge Steven J. McAuliffe. (jeb) (Entered: 02/09/2009)
http://www.cheatingfrenzy.com/brown2_9.pdf
02/09/2009 Case as to Edward Brown, Elaine Brown reassigned to Chief Judge George Z. Singal, Sitting by Designation. (jeb) (Entered: 02/09/2009)
02/10/2009 10 CONCURRING ORDER as to Edward Brown, Elaine Brown 9 Designated Case Order Out. ME Judge George Z. Singal is designated and assigned to preside over the above-captioned case. ME Magistrate Judge John H. Rich III is assigned to perform such duties as may be assigned to him by the district judge to whom this case is assigned. So Ordered by ME Chief Judge John A. Woodcock. (jeb) (Entered: 02/10/2009)
http://www.cheatingfrenzy.com/brown2_10.pdf
02/10/2009 11 PROCEDURAL ORDER: Due to recusal of all NH active service district judges, case referred to Maine. Original filings shall continue to be filed electronically with the Clerk in New Hampshire in accordance with the district Administrative Procedures for Electronic Case Filing. Pro se litigants, however, are not required to file electronically and may continue to file documents in paper format. No courtesy filings need to be filed in the District of Maine. Signed by Deputy Clerk Janice E. Boucher.(jeb) (Entered: 02/10/2009)
http://www.cheatingfrenzy.com/brown2_11.pdf
02/19/2009 12 MOTION to Unseal Case by USA as to Edward Brown, Elaine Brown. (amm) (Entered: 02/19/2009)
http://www.cheatingfrenzy.com/brown2_12.pdf
02/19/2009 ORDER granting 12 Motion to Unseal Case as to Edward Brown (1), Elaine Brown (2). So Ordered by Magistrate Judge James R. Muirhead. (amm) (Entered: 02/19/2009)
02/19/2009 Case unsealed as to Edward Brown, Elaine Brown. NOTICE to Attorneys of Record: The case has been unsealed. All future pleadings shall be filed in accordance with this district's Administrative Procedures for Electronic Case Filing. (amm) (Entered: 02/19/2009)
02/19/2009 NOTICE OF HEARING as to Edward Brown, Elaine Brown: Arraignment set for 2/19/2009 01:30 PM before Magistrate Judge James R. Muirhead. (amm) (Entered: 02/19/2009)
02/19/2009 Minute Entry for proceedings held before Magistrate Judge James R. Muirhead: INITIAL APPEARANCE and ARRAIGNMENT as to Elaine Brown (2) Count 1,2,4,6,8,11 held on 2/19/2009. Defendant: advised of rights & charges, waived reading of indictment, and a plea of not guilty entered. Defendant waived bail hearing. Defendant detained. Trial Date: 4/13/09, 2 weeks. (Tape #1:32) (Govt Atty: Arnold Huftalen and Terry Ollila) (Defts Atty: Bjorn Lange) (USP: Molly Corbin)(Total Hearing Time: 10 min) (amm) (Entered: 02/19/2009)
02/19/2009 ORAL ORDER, Appoints stand-by-counsel, Bjorn Lange, as to Elaine Brown. So Ordered by Magistrate Judge James R. Muirhead. (amm) (Entered: 02/19/2009)
02/19/2009 13 ORDER APPOINTING FEDERAL DEFENDER, Bjorn R. Lange, as stand-by-counsel for Elaine Brown. Signed by Clerk James R. Starr.(amm) (Entered: 02/19/2009)
02/19/2009 Minute Entry for proceedings held before Magistrate Judge James R. Muirhead: INITIAL APPEARANCE and ARRAIGNMENT as to Edward Brown (1) Counts 1,2,3,5,7,9,10 held on 2/19/2009. Defendant: advised of rights & charges, waived reading of indictment, a plea of not guilty was entered. Court appoints Mr. Iacopino as stand-by-counsel. Mr. Brown to represent himself. Defendant detained without prejudice. Trial Date: April 13, 2009, 2 weeks. (Tape #1:54) (Govt Atty: Arnold Huftalen and Terry Ollila) (Defts Atty: Michael Iacopino) (USP: Molly Corbin)(Total Hearing Time: 19 min)(CJA Time: 43 min) (amm) (Entered: 02/19/2009)
02/19/2009 ORAL ORDER, Appointing Michael Iacopino as stand-by-counsel as to Edward Brown. So Ordered by Magistrate Judge James R. Muirhead. (amm) (Entered: 02/19/2009)
02/19/2009 14 CJA 20 as to Edward Brown: Appointment of Attorney Michael J. Iacopino for Edward Brown criminal case, stand-by-counsel. NOTICE: COUNSEL SHALL PRINT AND SUBMIT COMPLETED VOUCHER FOR PAYMENT AT APPROPRIATE TIME. Signed by Clerk James R. Starr. Follow up on submission of CJA Voucher on 8/21/2009.(amm) (Entered: 02/19/2009)
02/19/2009 15 Arrest Warrant Returned Executed on 2/19/09 as to Edward Brown. (dae) (Entered: 02/19/2009)
02/19/2009 16 Arrest Warrant Returned Executed on 2/19/09 as to Elaine Brown. (dae) (Entered: 02/19/2009)
02/19/2009 17 Bonded Promissory Note by Elaine Brown (amm) (Entered: 02/19/2009)
02/20/2009 18 NOTICE OF ATTORNEY APPEARANCE Terry L. Ollila appearing for USA. (Ollila, Terry) (Entered: 02/20/2009)
02/23/2009 19 SCHEDULING ORDER as to Edward Brown, Elaine Brown Jury Selection set for 4/13/2009 09:30 AM before Judge George Z. Singal. Jury Trial set for two-week period beginning 4/14/2009 08:30 AM before Judge George Z. Singal. Miscellaneous Deadline (Government to provide Clerk's Office estimate of number of trial days) set for 3/9/2009. Pretrial Motions to include motions for continuance due by 3/13/2009. Motions in Limine Deadline set for 3/30/2009. Government to file Status update on discovery due by 3/5/2009. Trial Briefs due by NOON on 4/3/2009. Pre-marked Exhibits, voir dire requests and requested jury instructions due by 4/6/2009. Follow up on Government Disclosures required per DNH Local Rule 16(c) on 3/20/2009. So Ordered by Judge George Z. Singal. (cmp) (Entered: 02/23/2009)
02/24/2009 20 MOTION for Periodic Visits with Co-Defendant/Spouse by Elaine Brown as to Edward Brown, Elaine Brown. Follow up on Objection on 3/13/2009. (cmp) (Entered: 02/25/2009)
02/25/2009 ENDORSED ORDER as to Edward Brown, Elaine Brown. The Government shall file its response to the Motion Requesting Periodic Visits (document #20) by 5pm on March 4, 2009. So Ordered by Judge George Z. Singal. (cmp) (Entered: 02/25/2009)
03/03/2009 21 RESPONSE to Motion by USA as to Edward Brown, Elaine Brown re 20 MOTION for Periodic Visits with Co-Defendant/Spouse. (Huftalen, Arnold) (Entered: 03/03/2009)
03/04/2009 22 ORDER granting without objection 20 MOTION for Periodic Visits with Co-Defendant/Spouse as to Edward Brown (1), Elaine Brown (2). So Ordered by Judge George Z. Singal. (dae) (Entered: 03/04/2009)
03/05/2009 23 Government's Status Update on Discovery by USA as to Edward Brown, Elaine Brown (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Huftalen, Arnold) (Entered: 03/05/2009)
http://www.cheatingfrenzy.com/brown2_23.pdf
http://www.cheatingfrenzy.com/brown2_23-3.pdf
03/06/2009 24 MOTION for Status Conference by USA as to Edward Brown, Elaine Brown. Follow up on Objection on 3/23/2009. (Attachments: # 1 Exhibit 1)(Huftalen, Arnold) (Entered: 03/06/2009)
03/07/2009 25 RESPONSE to Motion by Edward Brown as to Edward Brown, Elaine Brown re 24 MOTION for Status Conference. (Iacopino, Michael) (Entered: 03/07/2009)
03/09/2009 ENDORSED ORDER granting 24 MOTION for Status Conference as to Edward Brown (1), Elaine Brown (2). Text of Order: Granted. So Ordered by Judge George Z. Singal. (dae) (Entered: 03/09/2009)
03/09/2009 NOTICE OF HEARING as to Edward Brown, Elaine Brown: Status Conference set for 3/11/2009 09:00 AM before Judge George Z. Singal in Portland, Maine, Courtroom #1. Counsel for the Government and both pro-se defendants shall appear in-person. Standby counsel may appear telephonically.(dae) (Entered: 03/09/2009)
03/09/2009 26 MOTION to Continue Trial for 6 months by Edward Brown, Elaine Brown. Served on 3/3/09. Follow up on Objection on 3/26/2009. (dae) (Entered: 03/09/2009)
http://www.cheatingfrenzy.com/brown2_26.pdf
03/09/2009 ENDORSED ORDER as to Edward Brown, Elaine Brown 26 MOTION to Continue Trial for 6 months. Text of Order: RESERVED RULING. In light of the request for a continuance, the Court will discuss with Defendants how much time they need to prepare for trial at the March 11, 2009 status conference. The Court will issue its ruling and an appropriate amended scheduling order after the conference. So Ordered. So Ordered by Judge George Z. Singal. (dae) (Entered: 03/09/2009)
03/09/2009 27 Government's Notice Re: Expected Number of Trial Days by USA as to Edward Brown, Elaine Brown (Huftalen, Arnold) (Entered: 03/09/2009)
http://www.cheatingfrenzy.com/brown2_27.pdf
03/10/2009 28 NOTICE of Abatement by Edward Brown, Elaine Brown. (dae) (Entered: 03/10/2009)
03/10/2009 29 NOTICE of Acceptance for Value, etc. of Order on Motion for Periodic Visits by Elaine Brown. (dae) (Entered: 03/11/2009)
03/10/2009 30 NOTICE of Acceptance for Value, etc. of Court Orders and Indictment by Edward Brown, Elaine Brown. (dae) (Entered: 03/11/2009)
03/11/2009 Minute Entry for proceedings held before Judge George Z. Singal in Portland, Maine: STATUS CONFERENCE as to Edward Brown, Elaine Brown held on 3/11/2009. Government is to file a written response one week from this Friday at noon to the Defendants Motion to Prepare and Defend contained in pleading no. 26. Court to issue a New Scheduling Order. Defendants remanded to the custody of the U.S. Marshal. (Court Reporter: L. Dunbar) (Govt Atty: Arnold Huftalen, Terry Ollila) (Defts Atty: Bjorn Lange, Michael Iacopino participated telephonically,) (Defts: Elaine Brown, Edward Brown)(Total Hearing Time: 41 minutes) (dae) (Entered: 03/11/2009)
03/11/2009 31 EXHIBIT LIST by USA, Edward Brown, Elaine Brown as to Edward Brown, Elaine Brown. (dae) (Entered: 03/11/2009)
http://www.cheatingfrenzy.com/brown2_31.pdf
03/11/2009 32 AMENDED SCHEDULING ORDER as to Edward Brown, Elaine Brown: Motion for Continuance 26 granted in part. Jury Selection reset for 6/29/2009 09:30 AM before Judge George Z. Singal. Jury Trial to begin 6/30/2009 08:30 AM before Judge George Z. Singal. Government's case in chief 8 - 10 days. Dispositive Motion, Evidentiary Motion or Motion for Continuance due by 4/17/2009; Responses to be filed within 7 days/Objection on 4/24/2009; Replies not required but accepted within 5 days/ Reply on 4/30/2009. Defense motions to continue must be accompanied by waiver of speedy trial signed by the defendant. Motions in Limine due 6/17/2009; Responses to be filed within 7 days/Objection on 6/24/2009. Trial Briefs due by noon 6/22/2009 - not to exceed 15 pages. Exhibits, Voir Dire Requests and Requested Jury Instructions due by 6/22/2009. So Ordered by Judge George Z. Singal. (dae) (Entered: 03/11/2009)
03/11/2009 33 ORDER granting in part, in the interests of justice, as to Edward Brown, Elaine Brown 26 MOTION to Continue Trial for 6 months. Time between April 13 and June 29, 2009 is excluded. So Ordered by Judge George Z. Singal. (dae) (Entered: 03/11/2009)
03/11/2009 ENDORSED ORDER as to Edward Brown, Elaine Brown denying 28 Notice of Abatement. Text of Order: DENIED as frivolous. SO ORDERED. So Ordered by Judge George Z. Singal. (dae) (Entered: 03/11/2009)
Date Filed # Docket Text
01/21/2009 1 SEALED INDICTMENT as to Edward Brown (1) count(s) 1, 2, 3, 5, 7, 9, 10, Elaine Brown (2) count(s) 1, 2, 4, 6, 8, 11. NOTICE OF CRIMINAL FIREARMS FORFEITURE. Original document available in clerks office.(vln) Modified on 2/10/2009 to add: NOTICE OF CRIMINAL FIREARMS FORFEITURE. (dae). (Entered: 01/22/2009)
http://www.cheatingfrenzy.com/brown2_1.pdf
01/21/2009 3 MOTION to Seal Case at Level I until defendants are arraigned by USA as to Edward Brown, Elaine Brown. (vln) Modified on 2/10/2009 to add: are arraigned and take out "taken into custody" (dae). (Entered: 01/22/2009)
http://www.cheatingfrenzy.com/brown2_3.pdf
01/21/2009 ENDORSED ORDER granting 3 Motion to Seal Case at Level I as to Edward Brown (1), Elaine Brown (2). Text of Order: Granted. So Ordered by Judge Joseph A. DiClerico, Jr. (vln) (Entered: 01/22/2009)
01/21/2009 4 Praecipe for Warrant by USA as to Edward Brown. (vln) (Entered: 01/22/2009)
http://www.cheatingfrenzy.com/brown2_4.pdf
01/21/2009 5 Praecipe for Warrant by USA as to Elaine Brown. (vln) (Entered: 01/22/2009)
01/21/2009 Arrest Warrant Issued as to Edward Brown, Elaine Brown. Original warrant and copies to US Marshal and US Probation. (vln) (Entered: 01/22/2009)
http://www.cheatingfrenzy.com/brown2_5.pdf
01/28/2009 6 ORDER OF RECUSAL as to Edward Brown, Elaine Brown. Judge Paul J. Barbadoro recused. So Ordered by Judge Paul J. Barbadoro. (vln) (Entered: 01/29/2009)
http://www.cheatingfrenzy.com/brown2_6.pdf
02/02/2009 7 ORDER OF RECUSAL as to Edward Brown, Elaine Brown. Chief Judge Steven J. McAuliffe recused. So Ordered by Chief Judge Steven J. McAuliffe. (vln) (Entered: 02/02/2009)
http://www.cheatingfrenzy.com/brown2_7.pdf
02/06/2009 9 ORDER. All of the NH active service district judges are recused, case is referred to District of Maine. Concurring Order sent. Miscellaneous Deadline set for 3/2/2009 for return of Concurring Order. So Ordered by Chief Judge Steven J. McAuliffe. (jeb) (Entered: 02/09/2009)
http://www.cheatingfrenzy.com/brown2_9.pdf
02/09/2009 Case as to Edward Brown, Elaine Brown reassigned to Chief Judge George Z. Singal, Sitting by Designation. (jeb) (Entered: 02/09/2009)
02/10/2009 10 CONCURRING ORDER as to Edward Brown, Elaine Brown 9 Designated Case Order Out. ME Judge George Z. Singal is designated and assigned to preside over the above-captioned case. ME Magistrate Judge John H. Rich III is assigned to perform such duties as may be assigned to him by the district judge to whom this case is assigned. So Ordered by ME Chief Judge John A. Woodcock. (jeb) (Entered: 02/10/2009)
http://www.cheatingfrenzy.com/brown2_10.pdf
02/10/2009 11 PROCEDURAL ORDER: Due to recusal of all NH active service district judges, case referred to Maine. Original filings shall continue to be filed electronically with the Clerk in New Hampshire in accordance with the district Administrative Procedures for Electronic Case Filing. Pro se litigants, however, are not required to file electronically and may continue to file documents in paper format. No courtesy filings need to be filed in the District of Maine. Signed by Deputy Clerk Janice E. Boucher.(jeb) (Entered: 02/10/2009)
http://www.cheatingfrenzy.com/brown2_11.pdf
02/19/2009 12 MOTION to Unseal Case by USA as to Edward Brown, Elaine Brown. (amm) (Entered: 02/19/2009)
http://www.cheatingfrenzy.com/brown2_12.pdf
02/19/2009 ORDER granting 12 Motion to Unseal Case as to Edward Brown (1), Elaine Brown (2). So Ordered by Magistrate Judge James R. Muirhead. (amm) (Entered: 02/19/2009)
02/19/2009 Case unsealed as to Edward Brown, Elaine Brown. NOTICE to Attorneys of Record: The case has been unsealed. All future pleadings shall be filed in accordance with this district's Administrative Procedures for Electronic Case Filing. (amm) (Entered: 02/19/2009)
02/19/2009 NOTICE OF HEARING as to Edward Brown, Elaine Brown: Arraignment set for 2/19/2009 01:30 PM before Magistrate Judge James R. Muirhead. (amm) (Entered: 02/19/2009)
02/19/2009 Minute Entry for proceedings held before Magistrate Judge James R. Muirhead: INITIAL APPEARANCE and ARRAIGNMENT as to Elaine Brown (2) Count 1,2,4,6,8,11 held on 2/19/2009. Defendant: advised of rights & charges, waived reading of indictment, and a plea of not guilty entered. Defendant waived bail hearing. Defendant detained. Trial Date: 4/13/09, 2 weeks. (Tape #1:32) (Govt Atty: Arnold Huftalen and Terry Ollila) (Defts Atty: Bjorn Lange) (USP: Molly Corbin)(Total Hearing Time: 10 min) (amm) (Entered: 02/19/2009)
02/19/2009 ORAL ORDER, Appoints stand-by-counsel, Bjorn Lange, as to Elaine Brown. So Ordered by Magistrate Judge James R. Muirhead. (amm) (Entered: 02/19/2009)
02/19/2009 13 ORDER APPOINTING FEDERAL DEFENDER, Bjorn R. Lange, as stand-by-counsel for Elaine Brown. Signed by Clerk James R. Starr.(amm) (Entered: 02/19/2009)
02/19/2009 Minute Entry for proceedings held before Magistrate Judge James R. Muirhead: INITIAL APPEARANCE and ARRAIGNMENT as to Edward Brown (1) Counts 1,2,3,5,7,9,10 held on 2/19/2009. Defendant: advised of rights & charges, waived reading of indictment, a plea of not guilty was entered. Court appoints Mr. Iacopino as stand-by-counsel. Mr. Brown to represent himself. Defendant detained without prejudice. Trial Date: April 13, 2009, 2 weeks. (Tape #1:54) (Govt Atty: Arnold Huftalen and Terry Ollila) (Defts Atty: Michael Iacopino) (USP: Molly Corbin)(Total Hearing Time: 19 min)(CJA Time: 43 min) (amm) (Entered: 02/19/2009)
02/19/2009 ORAL ORDER, Appointing Michael Iacopino as stand-by-counsel as to Edward Brown. So Ordered by Magistrate Judge James R. Muirhead. (amm) (Entered: 02/19/2009)
02/19/2009 14 CJA 20 as to Edward Brown: Appointment of Attorney Michael J. Iacopino for Edward Brown criminal case, stand-by-counsel. NOTICE: COUNSEL SHALL PRINT AND SUBMIT COMPLETED VOUCHER FOR PAYMENT AT APPROPRIATE TIME. Signed by Clerk James R. Starr. Follow up on submission of CJA Voucher on 8/21/2009.(amm) (Entered: 02/19/2009)
02/19/2009 15 Arrest Warrant Returned Executed on 2/19/09 as to Edward Brown. (dae) (Entered: 02/19/2009)
02/19/2009 16 Arrest Warrant Returned Executed on 2/19/09 as to Elaine Brown. (dae) (Entered: 02/19/2009)
02/19/2009 17 Bonded Promissory Note by Elaine Brown (amm) (Entered: 02/19/2009)
02/20/2009 18 NOTICE OF ATTORNEY APPEARANCE Terry L. Ollila appearing for USA. (Ollila, Terry) (Entered: 02/20/2009)
02/23/2009 19 SCHEDULING ORDER as to Edward Brown, Elaine Brown Jury Selection set for 4/13/2009 09:30 AM before Judge George Z. Singal. Jury Trial set for two-week period beginning 4/14/2009 08:30 AM before Judge George Z. Singal. Miscellaneous Deadline (Government to provide Clerk's Office estimate of number of trial days) set for 3/9/2009. Pretrial Motions to include motions for continuance due by 3/13/2009. Motions in Limine Deadline set for 3/30/2009. Government to file Status update on discovery due by 3/5/2009. Trial Briefs due by NOON on 4/3/2009. Pre-marked Exhibits, voir dire requests and requested jury instructions due by 4/6/2009. Follow up on Government Disclosures required per DNH Local Rule 16(c) on 3/20/2009. So Ordered by Judge George Z. Singal. (cmp) (Entered: 02/23/2009)
02/24/2009 20 MOTION for Periodic Visits with Co-Defendant/Spouse by Elaine Brown as to Edward Brown, Elaine Brown. Follow up on Objection on 3/13/2009. (cmp) (Entered: 02/25/2009)
02/25/2009 ENDORSED ORDER as to Edward Brown, Elaine Brown. The Government shall file its response to the Motion Requesting Periodic Visits (document #20) by 5pm on March 4, 2009. So Ordered by Judge George Z. Singal. (cmp) (Entered: 02/25/2009)
03/03/2009 21 RESPONSE to Motion by USA as to Edward Brown, Elaine Brown re 20 MOTION for Periodic Visits with Co-Defendant/Spouse. (Huftalen, Arnold) (Entered: 03/03/2009)
03/04/2009 22 ORDER granting without objection 20 MOTION for Periodic Visits with Co-Defendant/Spouse as to Edward Brown (1), Elaine Brown (2). So Ordered by Judge George Z. Singal. (dae) (Entered: 03/04/2009)
03/05/2009 23 Government's Status Update on Discovery by USA as to Edward Brown, Elaine Brown (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Huftalen, Arnold) (Entered: 03/05/2009)
http://www.cheatingfrenzy.com/brown2_23.pdf
http://www.cheatingfrenzy.com/brown2_23-3.pdf
03/06/2009 24 MOTION for Status Conference by USA as to Edward Brown, Elaine Brown. Follow up on Objection on 3/23/2009. (Attachments: # 1 Exhibit 1)(Huftalen, Arnold) (Entered: 03/06/2009)
03/07/2009 25 RESPONSE to Motion by Edward Brown as to Edward Brown, Elaine Brown re 24 MOTION for Status Conference. (Iacopino, Michael) (Entered: 03/07/2009)
03/09/2009 ENDORSED ORDER granting 24 MOTION for Status Conference as to Edward Brown (1), Elaine Brown (2). Text of Order: Granted. So Ordered by Judge George Z. Singal. (dae) (Entered: 03/09/2009)
03/09/2009 NOTICE OF HEARING as to Edward Brown, Elaine Brown: Status Conference set for 3/11/2009 09:00 AM before Judge George Z. Singal in Portland, Maine, Courtroom #1. Counsel for the Government and both pro-se defendants shall appear in-person. Standby counsel may appear telephonically.(dae) (Entered: 03/09/2009)
03/09/2009 26 MOTION to Continue Trial for 6 months by Edward Brown, Elaine Brown. Served on 3/3/09. Follow up on Objection on 3/26/2009. (dae) (Entered: 03/09/2009)
http://www.cheatingfrenzy.com/brown2_26.pdf
03/09/2009 ENDORSED ORDER as to Edward Brown, Elaine Brown 26 MOTION to Continue Trial for 6 months. Text of Order: RESERVED RULING. In light of the request for a continuance, the Court will discuss with Defendants how much time they need to prepare for trial at the March 11, 2009 status conference. The Court will issue its ruling and an appropriate amended scheduling order after the conference. So Ordered. So Ordered by Judge George Z. Singal. (dae) (Entered: 03/09/2009)
03/09/2009 27 Government's Notice Re: Expected Number of Trial Days by USA as to Edward Brown, Elaine Brown (Huftalen, Arnold) (Entered: 03/09/2009)
http://www.cheatingfrenzy.com/brown2_27.pdf
03/10/2009 28 NOTICE of Abatement by Edward Brown, Elaine Brown. (dae) (Entered: 03/10/2009)
03/10/2009 29 NOTICE of Acceptance for Value, etc. of Order on Motion for Periodic Visits by Elaine Brown. (dae) (Entered: 03/11/2009)
03/10/2009 30 NOTICE of Acceptance for Value, etc. of Court Orders and Indictment by Edward Brown, Elaine Brown. (dae) (Entered: 03/11/2009)
03/11/2009 Minute Entry for proceedings held before Judge George Z. Singal in Portland, Maine: STATUS CONFERENCE as to Edward Brown, Elaine Brown held on 3/11/2009. Government is to file a written response one week from this Friday at noon to the Defendants Motion to Prepare and Defend contained in pleading no. 26. Court to issue a New Scheduling Order. Defendants remanded to the custody of the U.S. Marshal. (Court Reporter: L. Dunbar) (Govt Atty: Arnold Huftalen, Terry Ollila) (Defts Atty: Bjorn Lange, Michael Iacopino participated telephonically,) (Defts: Elaine Brown, Edward Brown)(Total Hearing Time: 41 minutes) (dae) (Entered: 03/11/2009)
03/11/2009 31 EXHIBIT LIST by USA, Edward Brown, Elaine Brown as to Edward Brown, Elaine Brown. (dae) (Entered: 03/11/2009)
http://www.cheatingfrenzy.com/brown2_31.pdf
03/11/2009 32 AMENDED SCHEDULING ORDER as to Edward Brown, Elaine Brown: Motion for Continuance 26 granted in part. Jury Selection reset for 6/29/2009 09:30 AM before Judge George Z. Singal. Jury Trial to begin 6/30/2009 08:30 AM before Judge George Z. Singal. Government's case in chief 8 - 10 days. Dispositive Motion, Evidentiary Motion or Motion for Continuance due by 4/17/2009; Responses to be filed within 7 days/Objection on 4/24/2009; Replies not required but accepted within 5 days/ Reply on 4/30/2009. Defense motions to continue must be accompanied by waiver of speedy trial signed by the defendant. Motions in Limine due 6/17/2009; Responses to be filed within 7 days/Objection on 6/24/2009. Trial Briefs due by noon 6/22/2009 - not to exceed 15 pages. Exhibits, Voir Dire Requests and Requested Jury Instructions due by 6/22/2009. So Ordered by Judge George Z. Singal. (dae) (Entered: 03/11/2009)
03/11/2009 33 ORDER granting in part, in the interests of justice, as to Edward Brown, Elaine Brown 26 MOTION to Continue Trial for 6 months. Time between April 13 and June 29, 2009 is excluded. So Ordered by Judge George Z. Singal. (dae) (Entered: 03/11/2009)
03/11/2009 ENDORSED ORDER as to Edward Brown, Elaine Brown denying 28 Notice of Abatement. Text of Order: DENIED as frivolous. SO ORDERED. So Ordered by Judge George Z. Singal. (dae) (Entered: 03/11/2009)
Demo.
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- Khedive Ismail Quatoosia
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Re: Ed and Elaine's Indictment has been unsealed
Here's what the visits between Ed and Elaine have generated:
03/12/2009 34 Bill of Peace by Edward Brown, Elaine Brown (dae) (Entered: 03/13/2009)
03/12/2009 35 Demand for Bonds by Edward Brown, Elaine Brown (dae) (Entered: 03/13/2009)
03/12/2009 36 AFFIDAVIT of Edward and Elaine Brown - demands of James Muirhead (dae) (Entered: 03/13/2009)
03/12/2009 37 AFFIDAVIT of Specific Negative Averment filed by Edward and Elaine Brown (dae) (Entered: 03/13/2009)
The "Demand for Bonds" is especially hilarious.
03/12/2009 34 Bill of Peace by Edward Brown, Elaine Brown (dae) (Entered: 03/13/2009)
03/12/2009 35 Demand for Bonds by Edward Brown, Elaine Brown (dae) (Entered: 03/13/2009)
03/12/2009 36 AFFIDAVIT of Edward and Elaine Brown - demands of James Muirhead (dae) (Entered: 03/13/2009)
03/12/2009 37 AFFIDAVIT of Specific Negative Averment filed by Edward and Elaine Brown (dae) (Entered: 03/13/2009)
The "Demand for Bonds" is especially hilarious.
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- Grand Exalted Keeper of Esoterica
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Re: Ed and Elaine's Indictment has been unsealed
03/12/2009 34 Bill of Peace by Edward Brown, Elaine Brown (dae) (Entered: 03/13/2009)
http://www.cheatingfrenzy.com/brown2_34.pdf
03/12/2009 35 Demand for Bonds by Edward Brown, Elaine Brown (dae) (Entered: 03/13/2009)
http://www.cheatingfrenzy.com/brown2_35.pdf
03/12/2009 36 AFFIDAVIT of Edward and Elaine Brown - demands of James Muirhead (dae) (Entered: 03/13/2009)
http://www.cheatingfrenzy.com/brown2_36.pdf
03/12/2009 37 AFFIDAVIT of Specific Negative Averment filed by Edward and Elaine Brown (dae) (Entered: 03/13/2009)
http://www.cheatingfrenzy.com/brown2_37.pdf
http://www.cheatingfrenzy.com/brown2_34.pdf
03/12/2009 35 Demand for Bonds by Edward Brown, Elaine Brown (dae) (Entered: 03/13/2009)
http://www.cheatingfrenzy.com/brown2_35.pdf
03/12/2009 36 AFFIDAVIT of Edward and Elaine Brown - demands of James Muirhead (dae) (Entered: 03/13/2009)
http://www.cheatingfrenzy.com/brown2_36.pdf
03/12/2009 37 AFFIDAVIT of Specific Negative Averment filed by Edward and Elaine Brown (dae) (Entered: 03/13/2009)
http://www.cheatingfrenzy.com/brown2_37.pdf
Demo.
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- Grand Exalted Keeper of Esoterica
- Posts: 5773
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Re: Ed and Elaine's Indictment has been unsealed
The Bill of Peace is interesting.
Any bets on whether Brown's idiot supporters are going to convene a common law jury to prosecute the Judge Singal, Judge McAuliffe, US Atty Colontuono, AUSAs Morse and Huftalen, and Clerk of the Court Starr of treason in absentia?
Any bets on whether Brown's idiot supporters are going to convene a common law jury to prosecute the Judge Singal, Judge McAuliffe, US Atty Colontuono, AUSAs Morse and Huftalen, and Clerk of the Court Starr of treason in absentia?
Demo.
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- Trusted Keeper of the All True FAQ
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- Location: Earth
Re: Ed and Elaine's Indictment has been unsealed
These docket entries present the judge with something of a dilemma. Does he sua sponte enter an order striking them from the docket, thereby wasting another piece of paper, or does he simply ignore them as meaningless?
My guess is the latter.
My guess is the latter.
Dan Evans
Foreman of the Unified Citizens' Grand Jury for Pennsylvania
(And author of the Tax Protester FAQ: evans-legal.com/dan/tpfaq.html)
"Nothing is more terrible than ignorance in action." Johann Wolfgang von Goethe.
Foreman of the Unified Citizens' Grand Jury for Pennsylvania
(And author of the Tax Protester FAQ: evans-legal.com/dan/tpfaq.html)
"Nothing is more terrible than ignorance in action." Johann Wolfgang von Goethe.
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- Pirate Judge of Which Things Work
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Re: Ed and Elaine's Indictment has been unsealed
Of course the judge also could write in red crayon Refused for Cause UCC...
Remember that CtC is about the rule of law.
John J. Bulten
John J. Bulten
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Re: Ed and Elaine's Indictment has been unsealed
In a delusional, psychotic kind of way.Demosthenes wrote:The Bill of Peace is interesting.
For example, I cannot even begin to guess at a diagnosis for Ed and Elaine defining themselves as "the One."
Dan Evans
Foreman of the Unified Citizens' Grand Jury for Pennsylvania
(And author of the Tax Protester FAQ: evans-legal.com/dan/tpfaq.html)
"Nothing is more terrible than ignorance in action." Johann Wolfgang von Goethe.
Foreman of the Unified Citizens' Grand Jury for Pennsylvania
(And author of the Tax Protester FAQ: evans-legal.com/dan/tpfaq.html)
"Nothing is more terrible than ignorance in action." Johann Wolfgang von Goethe.