All Episodes
Previous Next
May 7, 1993 - Bill Cooper
58:13
Randy Weaver Defense #3
| Copy link to current segment

Time Text
Use this hour as the time.
Well, light it up for the person of your wise soul and mind.
I'm going to be a good boy.
I'm going to be a good boy.
I'm your host, William Cooper.
Folks, if you haven't called Swiss America Trading, our sponsor, do it right now.
Many of you have called and asked how you can save your assets from the coming economic trauma.
Many of you have asked me the same question in my travels across this country.
Many of you have written long letters expressing your concern for all that you work for, for your family.
How are you going to take care of them if you lose everything in the coming economic collapse?
Well folks, Swiss America Trading can help you with some of those problems.
They have available many of the investments that we have recommended right here on this program.
It doesn't cost you a thing to call.
Look into it.
No one is going to come and beat on your door and no one's going to twist your arm to do anything that you don't want to do.
In fact, you're going to get something from it.
You're going to get a newsletter free of charge that contains a lot of information that you need to know.
Everyone who has called Swiss America Trading and has received this newsletter full of information or has invested money in some of the investments that are available through Swiss America Trading Have expressed to me that they have been treated kindly, that they are satisfied with the information that they got.
In fact, very happy with the information that they got and are very satisfied with the investments that they have made.
In fact, they have expressed their sincere thanks to Swiss America Trading for sponsoring this program.
I'm sure you understand folks that without the sponsorship of Swiss America Trading, we probably would not be on the air Tonight.
So call Swiss America Trading right now at 1-800-289-2646.
That's 1-800-289-2646.
Ask the experts there how you can protect yourself in the coming economic trauma.
That's 1-800-289-2646.
Ask the experts there how you can protect yourself in the coming economic trauma.
Call 1-800-289-2646.
That's 1-800-289-2646.
Don't forget to mention my name, folks, William Cooper, and they'll send you that free newsletter and a packet of information that you'll be very happy with.
Call 1-800-289-2646.
That's 1-800-289-2646.
1-800-289-2646. That's 1-800-289-2646. You'll be glad that you did.
In the mountains up near Sand Point, North of Naples, Idaho, Eagles gathered there together to guard the truth, so you
might know.
Down the road that followed Deep Creek, at the turn that crossed the bridge,
Federal Marshals had the roadblock to mark the siege of Ruby Ridge.
They're the armies of the enemy Slayed your bride and only son Nearly killed your close companion When the shrapnel pierced his lung We stand with you, Randy Weaver, cause your Lord and Savior lives.
Where so ever eagles gather, that is where his body is.
On that evening, late one August, you were forced to take your stand.
There, two strangers, as they trespassed, drew first blood on private land.
Governor Andrus, back in Boise, let the enemy tell him lies.
And from his anti-Christ decision, Sam and Vicky lost their lives.
Federal agents, U.S.
Marshals, and FBI men storm the hill.
All on false, fictitious charges, given orders shoot to kill.
We stand with you, Randy Weaver, cause your Lord and Savior lives.
Wheresoever eagles gather, that is where his body is.
Though the armies of the enemy may surround us in the night, They're the hosts of heavenly angels hovering near, ready
to fight.
We'll see you next time.
We stand With you, Randy Weaver, we are proud to call you friend.
As we gather here together, stand beside you till the end.
We stand with you, Randy Weaver, cause your Lord and Savior lives.
Wheresoever eagles gather, that is where his body is.
Wheresoever eagles gather, that is where his body is.
Wheresoever eagles gather, the ballad of Ruby Ridge, or the ballad of Randy Weaver, however you want to term it, is available to you on cassette, folks.
Tape cassette.
Six dollars.
That includes postage and handling.
Six dollars postpaid to Carl Klang.
Last name spelled K-L-A-N-G.
Carl Klang.
Post Office Box 217.
That's P.O.
Box 217.
Colton, Oregon.
97017, USA.
That's Carl Klang.
Post Office Box 217.
Colton, Oregon 97017 USA That's Carl Klang, Post Office Box 217, Colton, Oregon 97017
USA That's six dollars United States currency post paid in the United States from a foreign country.
Might cost you a little more for postage.
You can call and ask.
The number is area code 5038243371.
503-824-3371.
Now folks, Stan Barrington is retiring for the second or third time.
I'm not sure which.
So please do not send any more mail or call Stan unless you're a longtime friend of his.
You've made friends with him over the years.
Please don't bother Stan and his wife, Elma, anymore.
The Camp Verde address, post office box 3299, is still good.
You can send your mail or your orders from my book or Audio tapes of this radio show, or any of our videotapes, are just to ask for an information packet.
Send it to William Cooper, Post Office Box 3299, Camp Verde, Arizona 86322.
3299 Camp Verde, Arizona 863 to to that's post office box
32 9-9 Camp Verde, Arizona
863 to to the book
For those of you who are interested is 500 pages of the most well-documented
Most suppressed information ever printed in one book in the history of the world
For CAGI members, it's still $20 plus $5 postage and handling.
For anybody else, it's $25 plus $5 postage and handling, and you can send that to the address that I just gave you.
If you'd like to join CAGI, the Citizens Agency for Joint Intelligence, which has many benefits, one of which you just heard, send $45 to that same address.
$45.
Or you can just write us and ask for an information packet.
Now, for those of you who would like to leave messages for me or leave comments, please do not ask me to call you back because we can't afford to do that.
We just cannot afford to do that.
You can leave a message on my Los Angeles hotline.
The number is area code 3 1 0 2 8 1 8 2 2 2.
That's area code 3 1 0 2 8 1 8 2 2 2.
Once again, now that's my hotline in Los Angeles.
That's area code 310-281-8222.
Once again, now that's my hotline in Los Angeles.
You can call and leave a message for me if you'd like.
Bear in mind, folks, when you leave your message that it might be aired on this program.
Do not leave a message if you do not want it to be aired on this program.
Okay?
But you can leave any comments that you'd like to leave on that hotline.
Please don't leave addresses or phone numbers for us to write or call you because that is not what the hotline is for.
It's to hear your comments To hear what you have to say, and occasionally we air those comments on the hour of the time.
Once again, the hotline is 310-281-8222.
That's 310-281-8222.
310-281-8222.
That's 310-281-8222.
If you'd like to write us and ask for a packet of information, write to William Cooper, Post
Office Box 3299, Camp Verde, Arizona, 86322.
That's P.O.
Box 3299 Camp Verde, Arizona 86322.
We're putting together a line where you'll be able to call and talk directly to me or one of my representatives and I will announce that over the air when it is together and also be in our upcoming newsletter By the way, folks, the newsletter is going to spill the beans on the Waco massacre.
It's the results of all of our investigations, and it's going to leave you absolutely incensed.
You're going to be angry when you read that, and you're going to want to ask some congressmen and government officials some hard, hard questions.
One of the things that we've discovered, folks, is when they made the initial raid, and it was a raid, and they have admitted that it was a raid, a no-knock raid, they had no warrant.
No warrant, folks.
They did it without a warrant.
Now, they had something that they are calling a warrant that they obtained on February the 25th or 26th, and it was signed by a magistrate.
A magistrate.
They knew when they got it that it was an illegal warrant because a warrant must be signed by a district court judge.
Understand that, folks.
They knew their warrant was no good and that's why they sealed it and would not allow the public to see it.
They did not have a legal warrant until they obtained one on April the 13th, 1993.
Post-crime.
And we believe that the date April the 13th is false.
We don't believe they got that warrant until after they cremated those people, burned them, incinerated them in the fire.
But even if they did, it's still post-crime.
It makes them all criminals, and that's exactly what they are anyway.
It's time, folks, to continue with our ongoing series, until we get through this, of the Memorandum in support of defendant's motions filed by G.L.
Spence, Kent W. Spence of Spence, Moriarty & Schuster, 15 South Jackson Street, Post Office Box 548, Jackson, Wyoming 83001.
And Charles F. Peterson, Gary L. Gilman of Orndorff, Peterson, Hawley, White, and Gilman, 1087 West River Street, Suite 230, Boise, Idaho, 83702.
And the United States District Court for the District of Idaho, United States of America versus Randall C. Weaver and Kevin L. Harris, defendants.
And this memorandum in support of defendants' motions to disqualify United States Attorney's Office To order an evidentiary hearing for a continuance pending an investigation by the United States Attorney General and pending any interlocutory appeals by the parties.
We've already had two episodes of this.
If you're just tuning in, you need to order the tapes that began on Wednesday night, Wednesday, May the fifth.
Continued last night, May the 6th, and of course tonight we're continuing again.
Until it's finished, we'll keep airing this.
Tonight is May the 7th, and we're going to continue with the testimony to the grand jury of a man named Davis, a federal agent named Davis, who is trying to connect Randy Weaver and Kevin L. Harris with the Aryan Nations and another group called the Order, And of course they admitted to the grand jury that Randy Weaver didn't know any of these people, were not members of the Aryan Nation or the Order.
And this is just all this testimony is being given to prejudice the grand jury against Randy Weaver and Kevin L. Harris.
So we continue now.
Next, Davis tells the jury about a declaration of war against the United States by the Aryan Nations and about an oath the members took in order to join the order, which if broken, quote, resulted in the offender being killed and his head removed from his body, unquote.
A man, an FBI undercover agent, was hired to kill one Martinez, who presumably had broken with the order.
Davis describes how Martinez, who was to be killed, got with the FBI, and how the FBI created a head that looked so realistic that Martinez, quote, almost threw up when he saw the picture.
It looked so much like him, unquote.
Davis' grand jury testimony, page 65.
The picture was then shown to Cutler, the Aryan nation's chief of security, who said, quote, well, that is good.
The oath has been fulfilled, unquote.
Next they talk about the scars on the undercover agent Norris' face, scars he received from his service in Vietnam.
Davis tells how Norris had a glass eye and therefore he was able to represent himself as a hitman.
Davis' grand jury testimony, page 66.
Finally, after over 30 pages of this inflammable stuff, Howen gets to the supposed connection.
It is with Vicky, not either one of the defendants.
Question.
You had occasion in my office to take a look at the letter from Vicki Weaver with a quotation at the bottom and the name, the name at the bottom, quote, Matthews, unquote.
Answer.
Yes.
Question.
Now do you recognize that language and do you recognize the name Matthews and if so, how?
Answer.
The language she used in this particular paragraph, Mr. Howland, is referring to is very similar to the language that Bob Matthews used when he wrote the Declaration of War, and she implies that this is from Matthews, something that Matthews had written, and she has underneath the paragraph the last name of Matthews attributing the paragraph to him, apparently.
At this time, though, have you been able to, in your own mind, identify precisely which document that would come from, if it does exist?
Answer.
No, I don't know which one it might have come from.
Davis Grand Jury Testimony, page 67.
That was The Connection, a piece of paper purportedly written by Vicki with an attribution to Matthews at the bottom.
Of course, folks, Matthews was not identified.
It's just the name Matthews.
The paper is included with these papers.
It is several paragraphs, some biblical quotes.
Vicki Weaver's handwritten biblical quotes, folks.
None of the officers seemed to know what the paper was, but the grand jury is led to the conclusion that the mere presence of the name Matthews on a piece of paper somehow connected these defendants to the horrors described by Davis for parts of two days and put these Aryan Nations killers and thugs within five blocks of the grand jurors.
Even before Davis' testimony, Howen had already presented her Byerly to the grand jury, who admittedly, without any connection to the defendants whatever, started right in on Order 1 and Order 2, which he said were called by their German names, Brüderschweigen 1 and Brüderschweigen 2.
Byerly grand jury testimony, pages 10 and 11.
How and had Byerly tell the grand jury about Debbie and David Doar, who, like the Weavers, lived in a remote rural residence?
How the Doars recruited criminals being released from the penitentiaries?
How associates of theirs were involved in bombings in Coeur d'Alene, and how the Secret Service was investigating their counterfeiting?
Then he tells the jury that in 1986, a murder occurred.
He goes into the details of the bombings, Byerly grand jury testimony, Pages 34 and 35.
One of a Catholic rectory with a pipe bomb.
How this group bombed trucking companies, a restaurant, and how they arrested the doors and found firearms, ammunition, survival supplies, and the like.
Finally, a grand juror interrupts this rambling narrative of horror and crime to ask the obvious.
Grandeur.
How does Randy Weaver fit into this?
Is he a member of these groups?
These orders?
Howling.
I don't say that Randy Weaver was a member of the Order.
He was not a member of Order Two.
He wasn't a member of the last group that came out in 1982.
I intend to present an indictment that this is what Mr. Weaver was doing.
He was trying to form his own group and eventually did form his group, but he did it as a family unit.
Plus the addition of Mr. Harris.
When I propose the indictment, I will suggest to you there is a circumstantial evidence to believe that he intended to use his family as the group and Kevin Harris.
From the Byerly Grand Jury Testimony, pages 42 and 43.
Folks, I have to break out of this Here and just make this comment.
These people are insidious.
They are insane.
They're breaking every law that was ever written.
They have no conception of what the constitution and the bill of rights is all about.
They couldn't get Randy Weaver and Kevin Harris on anything else.
They can't connect them to the group or to the Aryan nation.
So they make up this fantastic story that Randy has formed his own group, which consists of his family.
This is sickening.
This makes me sick to read this, but you've got to hear it.
It's just drips with lies and venom and just crap.
And these are the people who are controlling our justice system.
My God, what has this country come to?
Well, let's continue.
It is important to note that at no time during the testimony of either Byerly or Davis did the Assistant United States Attorney advise the Grand Jury that this testimony was purely hearsay.
A story, no more, gathered from many sources, as will be shown later, this advice is required by case law.
Howland then called Richard Butler, the head of the Aryan Nations.
Butler told the Grand Jury that he had met Randy Weaver once at an Aryan Nations summer conference.
In the over 10 years Weaver had lived in the community, he had attended but one such conference.
From the Butler Grand Jury Testimony, page 18.
Weaver, Butler said, had no relationship to Butler's church.
From the Butler Grand Jury Testimony, page 23.
Butler never met Vicki, any of the children, or Kevin Harris.
From the Butler Grand Jury Testimony, page 20 and 22.
Butler was never at the Weaver home.
Having failed to make a connection between Weaver and Butler, Howen then simply went on to further prejudice the grand jury by tying Butler into the names of most of the criminals, murderers, robbers, and counterfeiters who had been identified by Davis and Byerly.
This took nearly 70 pages of totally unrelated testimony, yet it left the impression that the case was about Randy Weaver, Kevin Harris, and this criminal As soon as it became apparent from the testimony of the marshals at Weaver's preliminary hearing that Weaver could not possibly be bound over, even on the charge of assault, Howe enrushed to an indictment before the grand jury and then dismissed the preliminary hearing before Magistrate Williams himself could dismiss it.
A motion seeking dismissal of the indictment on this ground is pending before the court.
Now, by indictment, and with two superseding amendments, Howen developed his theory.
As in nearly all important federal criminal cases nowadays, there was, of course, the ubiquitous conspiracy.
But this time, the conspiracy went back nearly ten years to 1983, when the Weavers decided to move to Idaho.
The Assistant United States Attorney now contrived a new theory, one that held that the Weavers had moved to Idaho to establish a confrontation with federal officers and to kill them.
Moving to Idaho to raise their family in a more wholesome and simple environment One where they could educate their children themselves, where they could raise their own food, where they could worship as they pleased, now magically became a part of the conspiracy to assault and murder federal officers and to establish a violent confrontation with them ten years later.
This is from the second superseding indictment, page two and three.
Now the simple act of buying land and building their family home became a part of this ongoing conspiracy.
Now even the selection of the family home site on top of a small hill overlooking a peaceful valley became a part of the conspiracy to build a fortress in the furtherance of the conspiracy.
My gosh, I had better move, folks, because I live on top of a hill.
The prosecutor in the indictment itself launches an invidious and prejudicial attack by claiming that Randy and Vicki Weaver, along with Kevin Harris, intended, quote, to establish a group in opposition to the United States government, which they termed ZOG, Z-O-G, which means Zionist Occupation Government, or the New World Order, for the purpose of advancing their views of white or Aryan supremacy or separatism, And the political, social, and economic ascendancy of persons of a white or Aryan ethnic background.
Second superseding indictment, page four.
As we have seen, folks, this group, according to the prosecuting United States attorneys, own admission was their own family.
Where the religious beliefs of the defendants would have been protected from prosecution by this contrivance, The assistant United States attorney will seek to prejudice the jury by introducing evidence concerning the defendant's religious beliefs.
By this contrivance, these defendants will be held up as white supremacists, as racists, as Nazis, as skinheads.
And by this scheme, the prosecutor will attempt to prejudice the trial jury as he indeed destroyed the independence of the grand jury.
And these same tactics were performed in the Waco massacre.
By this ruse, the defendants must not only defend themselves of the charge of murder, they must defend themselves of what to many is a worse charge, namely the charge of being a Nazi, a skinhead, a racist.
And under this setup, the conviction of innocent defendants is substantially guaranteed.
When neighbors, being neighborly, helped the weavers by bringing food and supplies, this becomes acts by the neighbors in furtherance of the supposed conspiracy.
And this is found in the second superseding indictment, pages four and five.
When Vicki Weaver wrote a letter in which she made reference to the Servant of the Queen of Babylon, a writing fully protected under the First Amendment, this writing too was in furtherance of the conspiracy.
This can be found in the second superseding indictment, page 10.
And of course, the killing of Dagan became a part of the conspiracy to forward the white Aryan supremacy beliefs of the defendants.
The allegations concerning the supposed religious beliefs of the Weavers are in opposition to the facts known by the government.
The government knows that Randy Weaver is not a white supremacist, and we proved this months ago on this show, The Hour of the Time.
Lance Lee himself testified to the grand jury as follows.
Lance Lee, quote, he was just kind of a freelance white.
He calls himself a separatist.
Not, and he was, he really did not like being depicted as a white supremacist.
That's from the Lansley Grand Jury Testimony, page 80, our emphasis.
Irrespective of what their beliefs may have been, it is the obvious contrivance of the government as conceived by Mr. Howland to take fully protected but unpopular religious beliefs and to convert them, by allegation, into an active conspiracy so that what was once protected under our Constitution is now the foundation for admissible and prejudicial evidence against the defendants.
You people out there better wake up.
You see, just by making you politically incorrect, they can get the popular, the popular acceptance of killing you, or putting you in prison for the rest of your life.
Don't go away folks, we've got to take our break now.
I'll be right back after this very short pause.
Hello, this is William Cooper for Swiss America Trading.
As you know, folks, a fire, WWCR, burned to the ground, sabotage, to try to shut us all up, a fire caused us to move.
When our friends at Swiss America Trading heard about the fire, they didn't drop us like most sponsors would.
They went right to work finding us another place to broadcast.
Within just a matter of hours, a new station, this station, WRNO, was found, thus making it possible for this program, the hour of the time, to continue To get the truth out to the world.
The people at Swiss America Trading stand behind this program, and I want you to stand behind them.
You see, Swiss America Trading deals in protecting their clients through non-confiscatable, non-reportable, hard assets.
You've heard me inform you about the trouble this country's in, both politically and financially.
And the time to act is now.
Now, folks, not when it's too late.
Call the experts at Swiss America Trading at 1-800-289-2646.
That's 1-800-289-2646.
And have them show you how to protect yourself.
Call 1-800-289-2646.
That's 1-800-289-2646.
That's 1-800-289-2646 and have them show you how to protect yourself.
Call 1-800-289-2646.
That's 1-800-289-2646 and mention my name, William Cooper, for a free newsletter on protecting
your future.
And by protecting your future, folks, you're keeping the future of this program and freedom
for the world alive.
Call today, 1-800-289-2646.
That's 1-800-289-2646.
1-800-289-2646. That's 1-800-289-2646. And you'll be glad that you did.
In the mountains up near Sand Point, north of Naples, Idaho, eagles gathered there together to guard the truth.
So you might know, down the road that followed Deep Creek, at the turn that crossed the bridge, federal marshals had
the roadblock to mark the siege of Ruby Ridge.
They're the armies of the enemy, Slayed your bride and only son, Nearly killed your close companion, When the shrapnel pierced his lung.
We stand with you, Randy Weaver, Cause your Lord and Savior lives
Where so ever eagles gather, That is where His body is.
On that evening, late one August, You were forced to take your stand.
There two strangers, as they trespassed, drew first blood on private land.
Governor Andrews, back in Boise, let the enemy tell him lies.
And from his anti-Christ decision, Sam and Vicky lost their lives.
Federal agents, U.S.
Marshals, and FBI men stormed the Hill.
All on false, fictitious charges, given orders shoot to kill.
We stand with you, Randy Weaver, cause your Lord and Savior lives.
Wheresoever eagles gather, that is where his body is.
Though the armies of the enemy may surround us in the night, There's a host of heavenly angels hovering near, ready to
fight.
to.
We stand with you, Randy Weaver.
We are proud to call you friend.
As we gather here together, We'll stand beside you till the end.
We stand with you, Randy Weaver.
Cause you're Lord and Savior lives.
Where so ever eagles gather, that is where his body is.
Where soul and egos gather, that is where his body is.
Irrespective of what the beliefs of Randy Weaver, his wife Vicki, Kevin Harris, and
the Weaver family were, It is the obvious contrivance of the government as conceived by Mr. Howland to take fully protected but unpopular religious beliefs and to convert them, by allegation, into an active conspiracy so that what was once protected under our Constitution is now the foundation for admissible and prejudicial evidence against the defendants.
But the most egregious conduct of the Assistant United States Attorney was to focus the case before the grand jury on the murders and crimes of Order 1 and 2 and to wrongfully associate the defendants with these groups.
By such method, the defendants were smeared by the prosecution with the acts of a criminal organization the defendants admittedly did not belong to.
The grand jury, lost in days of irrelevant and inflammatory hearsay testimony, indeed became no grand jury at all, but a mere charging device of the prosecution.
By this contrivance, the government has been successful in setting the issues so that the trial jury's attention must, by necessity, be
directed away from the government's own misconduct while the jury weighs hated religious beliefs chargeable to
the defendants against their own.
It leaves jurors in the obvious position to reason.
Quote, so the government killed a couple of Nazis who were trying to set up another Bruderschweig and one.
So what? They had it coming. Unquote.
Isn't that what they did in Waco, Texas?
It sorts of creates a sort of good riddance attitude in jurors by which the unlawful killing of three human beings and the
wounding of two others can be excused.
In a case where the defense must pit the testimony of the defendants and their family against the federal officers, Howen has destroyed the credibility of the witnesses before they can take the stand in their own defense.
Moreover, the government has incorporated into the indictment every conceivable wrongful act that may or may not have been convented by the Weavers since the day ten years ago that they left Iowa.
For instance, the government includes an alleged theft of pipe by the Weavers from their neighbors as an act in furtherance of the conspiracy.
From the second superseding indictment, page 12.
The government includes a letter allegedly written by the Weavers threatening the president as an act in furtherance of the conspiracy.
Superseding indictment, page 9.
It includes numerous other prejudicial allegations that would be inadmissible in any criminal case, but by alleging that such acts were in furtherance of a conspiracy, the government positions itself on paper to bring before the jury any otherwise irrelevant, unrelated, and prejudicial bad act ever allegedly committed by the defendants.
Every prohibited bad act allegedly ever committed by any defendant can, by this device, be made a part of the indictment and thus evidence otherwise inadmissible can be introduced to their prejudice.
Under this indictment, the defendants must defend innocent acts as criminal acts.
They must defend themselves for moving to Idaho, defend themselves for having a family, defend themselves for buying a home, defend themselves for building a house, defend themselves for the choice of building sites, defend themselves for the exercise of free speech, and defend themselves for whatever their religious or political beliefs might be.
They must further defend themselves of alleged crimes that are irrelevant to the case, the allegation of stealing pipe from their neighbors and writing a threatening letter to the president, and other supposed bad acts which may be revealed when the government responds to the defendant's bill of particulars.
As to the charge that Weaver threatened the president, the government's own documents establish that this allegation is false.
Yet the defendants must now defend themselves against these allegations as well.
The Law The Prosecutor as a Witness On at least two occasions, the Circuit Court has told prosecutors that they may not make themselves witnesses and thereafter prosecute the case.
In United States v. Tamura, 694 F.
2nd.
591.
601.
9th Circuit Court.
1982.
The court said that an attorney should not testify at a trial where he is acting as a prosecutor.
A defendant in a criminal case can call the prosecutor as a witness.
In this regard, see also United States v. Prantle.
764 F.
2nd.
548, 551, Ninth Circuit Court, 1985.
Mr. Howlin is more than an evidentiary witness.
Through his detailed and careful cross-examination, we can establish the efforts of the United States to cover the wrongs of their officers, including the attempts made by the United States to wrongfully associate these defendants with the Aryan Nations and Orders 1 and 2.
The government is no different than any other party to a case.
If a party commits a wrong and attempts to cover it, the attempt of the party to cover it is evidence of its knowledge of the original wrong.
And I might add, it's not included in this brief, is an indication of conspiracy on the part of the government.
To continue, we also have the right to cross-examine Howland on the numerous pieces of evidence he gave to the Grand Jury during the indicting process.
On misconduct before the Grand Jury, the controlling cases on Grand Jury misconduct are United States v. Machanek, 475 U.S.
66, 106 Under Mechanic, the trial jury's verdict rendered harmless any conceivable error in the charging decision, the grand jury's decision.
Bank of Nova Scotia versus United States, 108 Supreme Court, 2369, 1988.
Under Machanick, the trial jury's verdict rendered harmless any conceivable error in
the charging decision, the grand jury's decision.
Under Nova Scotia, Justice Kennedy held that the errors must prejudice the defendants.
The standard of prejudice is one requiring dismissal, quote, if it is established that
the violation substantially influenced the grand jury's decision to indict, unquote.
Or, quote, if there is grave doubt, unquote, that the decision to indict was free from substantial influence of such violations.
The within indictment was proposed by a lawyer who was a participant with the government team at the so-called crime scene itself.
He has a personal stake in the outcome of this case.
Some of the decisions made at the scene where Vicky was killed and Kevin Harris and Randy Weaver were wounded were made at the command post that was occupied, at times, by this lawyer.
He was on hand when the FBI conducted its investigation at the Y. He wrote a note that was delivered during the siege to Mr. Weaver.
He testified as a witness to the grand jury on numerous matters.
He was fully aware of the misconduct of the federal officers, as fully aware of that misconduct as we.
For our information came from the government itself.
As a participant, from beginning to end, his personal stake was to see that the federal officers were vindicated.
That their killing of three human beings, two of whom were totally innocent, did not become the focus of this case.
Mr. Howen had the power to bring before the grand jury whatever witnesses he chose.
He chose to abuse his powers in the most flagrant and egregious manner yet encountered since the pre-Magna Carta era.
Although he could not connect the defendants to the orders or the Aryan nation or to white supremacy, he chose to bring in witnesses who would intentionally prejudice the jury, who would purposely cause the jury to hate and distrust and fear the defendants, and who would create the belief that the defendants were like these criminals.
He chose to indict the defendants on charges based on religious beliefs.
By this contrivance, the case would be focused on Brüderschweigen I and Brüderschweigen II, and on neo-Nazi criminals who were connected to those organizations.
He chose to manipulate the facts in such a fashion that the defendants, whose only crime was to defend themselves and their family, and to insist on the right to worship as they pleased, could never receive a fair trial.
He chose to create a criminal, religious conspiracy out of whole cloth So that the wrongs of the federal officers would be lost in the fog of enmity and fear surrounding these defendants.
This misconduct as defined in mechanic threatened the defendant's right to fundamental fairness in the criminal process and infringed significantly on the grand jury's ability to exercise its independent judgment in the charging process.
The prejudicial hearsay horror stories of these agents, that through the unremitting questions of Howan, were dumped on the grand jury without connection to Weaver or Harris, fully meets the test in Bank of Nova Scotia, where such, quote, egregious misconduct substantially influenced the grand jury decision to indict, unquote, are created, quote, grave doubt, unquote, that, quote, the decision to indict was free from the substantial influence of The misconduct of Mr. Howland was so flagrant and egregious as to infringe significantly on the Grand Jury's ability to exercise its independent judgment in the charging decision, as was the test in United States v. Kilpatrick, 821 F.
821 F. 2nd. 1456, 10th Circuit Court, 1987, and affirmed by the Supreme Court in Bank
of Nova Scotia.
The test focuses on the Grand Jury's process and independence.
That's from Kilpatrick Supra.
Cumulative wrongs before the Grand Jury.
Our own Ninth Circuit in United States v. Simango, 607F, 2nd 877, Ninth Circuit Court, 1979, dealt with the issue of cumulative prosecutorial abuse in dismissing the indictment the court said this, quote, the cumulative effect of the errors and indiscretions, none of which alone might have been enough to tip the scales, operated to the defendant's prejudice by producing a biased grand jury, unquote.
1D at 844.
The Ninth Circuit affirmed the district court's dismissal of an indictment saying the acts of the prosecution represented, quote, a serious threat to the integrity of the judicial process, unquote.
The accumulation of wrongs by this prosecutor, a witness and participant himself, create overwhelming grounds for dismissal and beg for the court's intercession.
Here we have seen the prosecutor guiding the witnesses as they flooded the grand jury with improper evidence.
We have seen him testify before that body, observed his prejudicial remarks, his presentation of days of unrelated inflammatory testimony about the hard crimes of the Aryan nations, his attempt to frighten the grand jury, all without connection to the defendants.
These acts, and more, create an accumulation of egregious wrongs that destroyed the independent judgment of the grand jury.
The prosecutions attempt to prejudice the grand jury.
The Ninth Circuit has twice held that an indictment can be dismissed for prosecutorial misconduct if the prosecutor brings irrelevant and prejudicial evidence before the grand jury, which induces the grand jury to indict.
That can be found in United States v. Simango, 607F, 2nd, 871, 9th Circuit Court, 1979.
And United States v. Al Mudaris, 695F, 2D, 1182, 9th Circuit Court, 1980.
In Al Muderes, citing Simango, the court said, quote, Courts may dismiss an indictment as an exercise of their inherent supervisory power, unquote.
The court went on to warn prosecutors, quote, The government is on notice that this court will not brook behavior that degrades the grand jury into a rubber stamp, and the testing of the prosecutor's evidence into an empty ritual.
The many earnest and discerning questions of this grand jury manifest the vitality of this ancient institution.
Prosecutors owe it respect, not condescension, manipulation, or substituted judgment."
In United States v. Sarubo, 604 F.
2D, 807, 3rd Circuit Court, 1979, Judge Gibbons, writing for the panel, found the prosecutor's misconduct, quote, extreme, unquote, and the court noted this, quote, the graphic and misleading reference to Cosa Nostra hatchet men, for example, was a blatant invitation to associate the defendants with a disfavored criminal class.
Certainly the references to Frank Sindony's violent conduct and organized crime associations went far beyond what ABA standard 3.5 would permit.
3.5 provides in part that the prosecutor should not make statements or arguments in an effort to influence the grand jury in a manner which would be impermissible at trial before a pettit jury.
Unquote.
The prosecutor in Sarubo with other misconduct associated the defendants without evidentiary basis with organized crime and referred to loan sharking charges against persons with whom he was trying to link the defendants without informing the grand jurors that such persons had been acquitted.
Acquitted!
The predicate for the Sarubo holding was the constitutional right to an unbiased grand jury.
And the court ruled this way.
Quote, in federal criminal proceedings, the right to indictment by an unbiased grand jury is guaranteed by the Fifth Amendment.
Costello v. United States 350 U.S.
359 1956.
When the framers of the Bill of Rights placed that requirement in the Fifth Amendment, quote, they were not engaged in a mere verbal exercise.
Unquote.
United States v. Estepa 471 F.
2D, 1132, 2nd Circuit Court, 1972.
Schwartz v. United States Department of Justice, 494F, Supplement 1268ED, Pennsylvania, 1980.
United States Department of Justice 494 F Supplement 1268 E D Pennsylvania 1980.
In United States versus Hogan 712 F 2 D 757 Second Circuit Court 1983, the court
would not tolerate the attempt of the prosecutor to prejudice the grand jury
by wrongfully associating the defendants with the underworld.
They ruled in this manner, quote, the impartiality and independent nature of the grand jury process was seriously impaired by the AUSA's argument that Hogan was a real hoodlum who should be indicted as a matter of equity.
Added to this inflammatory rhetoric were the numerous speculative references to other crimes of which Hogan was, quote, suspected, unquote.
These government accusations and others appear to have been made not to support additional charges, but in order to depict appellants as bad persons and thereby obtain an indictment for independent crimes.
This tactic is fundamentally unfair, unquote.
The duty to advise the grand jury that the testimony is hearsay.
The prosecutor had the duty to advise the grand jury that the testimony of Davis and Byerly was the grossest of hearsay, even fiction.
In Hogan's Supra, the court summed the matter up and ruled in this manner,
quote, although there is no prohibition on the use of hearsay evidence before a grand jury,
our decision in United States versus Estepa 471 F 2D 1132 Second Circuit Court 1972
indicates that extensive reliance on hearsay testimony is disfavored.
More particularly, the government prosecutor in presenting hearsay evidence to the grand jury must not deceive the jurors as to the quality of the testimony they hear.
1D at 1137.
Heavy reliance on secondary evidence is disfavored precisely because it is not first-rate proof.
It should not be used without cogent reason.
See American Bar Association, Standards for Criminal Justice, Commentary to Standard 3-3, 6 at 350, 2nd edition 1980, and never be passed off as quality proof when it is not."
Here, witnesses testified for days concerning the alleged bad acts of the Aryan Nations in Order 1 and 2 without the slightest indication from the prosecutor that the testimony was nothing more than mere storytelling.
We wonder what any court would think when it sees that even fiction was given to the grand jury as a basis for its indictment of Weaver and Harris.
See the long references to the Turner Diaries in Davis's Grand Jury Testimony, pages 42 and 43.
As a general proposition, unfavorable rulings on motions to dismiss indictments are not reviewable pretrial, but the Ninth Circuit finding that United States v. Machanek 475 U.S.
66-106, Supreme Court, 938-89, Law Editions, 2nd 50, 1986, effectively rendered the appellant's grand jury claims unreviewable after trial, allowing an interlocutory appeal in United States v. Benjamin, 812 F.
812 F. 2D 548 9th Circuit Court 1987.
Quote, the question before us then is whether the effect of Mechenik will be to deprive
appellants of any effective review of their claim after final judgment.
Another way to put the question is to ask whether, after giving full precedential effect to mechanic, we would be able to afford appellants any relief if their contentions prove to be meritorious.
We conclude that the answer is no.
Good night folks and God bless you all.
In the mountains up near Sand Point North of Naples I'd hope
Eagles gathered there together To guard the truth so you might know
Down the road that followed Deep Creek At the turn that crossed the bridge
Federal marshals had the roadblock To mark the siege of Ruby Ridge
There the armies of the enemy Slayed your bride and only son Nearly killed your close companion When the shrapnel pierced his lung We stand with you, Randy Weaver, cause your Lord and Savior lives.
Where so ever eagles gather, that is where his body is.
On that evening, late one August, you were forced to take your stand.
They're two strangers as they trespass to first blood on private land.
Governor Andrews, back in Boise, let the enemy tell him lies.
And from his anti-Christ decision, Sam and Vicky lost their lives.
Federal agents, U.S.
Marshals, and FBI men stormed the Hill.
All on false, fictitious charges, given orders shoot to kill.
We stand with you, Randy Weaver, cause your Lord and Savior lives.
Wheresoever eagles gather, that is where his body is.
Though the armies of the enemy may surround us in the night, There's a host of heavenly angels hovering near, ready to
fight.
to tell you.
We stand with you, Randy Weaver.
We are proud to call you friend.
As we gather here together, stand beside you till the end.
We stand with you, Randy Weaver, cause your Lord and Savior lives.
Wheresoever eagles gather, that is where his body is.
Wheresoever eagles gather, that is where his body is.
▲
Export Selection