Posted: Fri Oct 19, 2007 6:35 pm
Thanks for the update, Demo. Sitting in a courtroom usually is very boring, as you illustrate. Have a good flight home.
Quatloos! The views herein are not those of Quatloosia Publishing LLC -- Legal Issues Fax to 877-698-0678 and admin issues to sooltauq [at] gmail.com
https://www.quatloos.com/Q-Forum/
Was there a pretrial 404 (b) notice?Can you say "404(b)", boys and girls? Every AUSA can. Over and over and over.
I believe there was a motion in limine and memorandum addressing that filed by the USAO some weeks ago - either that or it was addressed in the proposed jury instructions. I can't recall which.wserra wrote:Can you say "404(b)", boys and girls? Every AUSA can. Over and over and over.Dr. Caligari wrote:The prior conviction can't come into evidence unless Johnson takes the stand in his own defense.
(Yes, I know it depends on the nature of the previous conviction, but I felt like ranting.)
This may help:Judge Roy Bean wrote:I believe there was a motion in limine and memorandum addressing that filed by the USAO some weeks ago - either that or it was addressed in the proposed jury instructions. I can't recall which.wserra wrote:Can you say "404(b)", boys and girls? Every AUSA can. Over and over and over.Dr. Caligari wrote:The prior conviction can't come into evidence unless Johnson takes the stand in his own defense.
(Yes, I know it depends on the nature of the previous conviction, but I felt like ranting.)
I'm disappointed that the DD's filings are not available on PACER. I needed something fun and entertaining to read.......and some of these look like they would hit the spot.....Demosthenes wrote:The most recent docket entries.
10/16/2007 476 BRIEF on dress-out clothing by Dale Scott Heineman, Kurt F. Johnson (rhw, COURT STAFF) (Filed on 10/16/2007) (Entered: 10/24/2007)
10/16/2007 477 In Re denial of access to the court without due process of law as to Dale Scott Heineman, Kurt F. Johnson (rhw, COURT STAFF) (Filed on 10/16/2007) (Entered: 10/24/2007)
10/17/2007 478 NOTICE of the underlying laws relevant to settlement and closure of this case by Dale Scott Heineman, Kurt F. Johnson (rhw, COURT STAFF) (Filed on 10/17/2007) (Entered: 10/24/2007)
10/18/2007 469 ORDER denying [466] Motion to Compel as to Dale Scott Heineman (1), Kurt F. Johnson (2); denying [467] Motion to Compel as to Dale Scott Heineman (1), Kurt F. Johnson (2). Signed by Judge William H. Alsup on October 18, 2007. (whalc2, COURT STAFF) (Entered: 10/18/2007)
10/18/2007 470 ORDER denying [465] Motion as to Dale Scott Heineman (1), Kurt F. Johnson (2). Signed by Judge William H. Alsup on October 18, 2007. (whalc2, COURT STAFF) (Entered: 10/18/2007)
10/18/2007 471 ORDER denying [468] Motion as to Dale Scott Heineman (1), Kurt F. Johnson (2). Signed by Judge William H. Alsup on October 18, 2007. (whalc2, COURT STAFF) (Entered: 10/18/2007)
10/21/2007 472 NOTICE of Intent to Use Evidence by Dale Scott Heineman, Kurt F. Johnson, The Dorean Group, The Oxford Trust, Baylor Trust, Universal Trust Services, William Julian, Farrel J. Lecompte, Jr, Sara J. Magoon, Charles Dewey Tobias United States' Notice of Expert Testimony Pursuant to Fed. R. Crim. P. 16(a)(1)(G) (Martin, Brigid) (Filed on 10/21/2007) (Entered: 10/21/2007)
10/21/2007 473 MEMORANDUM Re: Substitution of Trustee by USA as to Dale Scott Heineman, Kurt F. Johnson (Hall, C.) (Filed on 10/21/2007) (Entered: 10/21/2007)
10/21/2007 474 NOTICE RE: Intent to Use Evidence by USA as to Dale Scott Heineman, Kurt F. Johnson (Hall, C.) (Filed on 10/21/2007) (Entered: 10/21/2007)
10/22/2007 479 NOTICE of affidavit of non involvement in a conspiracy for rebuttal to alleged co-conspirators William Julian, Farrel Lecompte, and Charles Tobias by Dale Scott Heineman, Kurt F. Johnson (rhw, COURT STAFF) (Filed on 10/22/2007) (Entered: 10/24/2007)
10/22/2007 480 MOTION to issue order for service of subpoenas with order by Dale Scott Heineman, Kurt F. Johnson. (rhw, COURT STAFF) (Filed on 10/22/2007) (Entered: 10/24/2007)
10/24/2007 481 ORDER DENYING MOTION TO ISSUE ORDER FOR SERVICE OF SUBPOENAS WITH ORDERdenying [480] Motion as to Dale Scott Heineman (1), Kurt F. Johnson (2). Signed by Judge William H. Alsup on October 22, 2007. (whalc2, COURT STAFF) (Entered: 10/24/2007)
10/24/2007 482 ORDER RE NOTICE OF APPEAL DESIGNATION OF THE RECORD as to Dale Scott Heineman, Kurt F. Johnson, The Dorean Group, The Oxford Trust, Baylor Trust, Universal Trust Services, William Julian, Farrel J. Lecompte, Jr, Sara J. Magoon, Charles Dewey Tobias. Signed by Judge William H. Alsup on October 23, 2007. (whalc2, COURT STAFF) (Filed on 10/24/2007) (Entered: 10/24/2007)
A taxpayer-expense-paid coast-to-coast trip is on the horizon for this doofus."Defendants’ waive the attorney client privilege as to Thomas Spielbauer and Todd Swanson. Todd Swanson has not responded to the Government’s subpoena. Government’s motion for a warrant is granted.
Court ordered a No Bail Bench Warrant for failure to appear (18:3146) be issued as to Todd Ellis Swanson aka Todd-Ellis Swanson."
I know they extradited Jullian from Panama, so that might very well be where he wound up.Demosthenes wrote:Isn't he in Panama?
Hello Scott.Scott from Vineland wrote:Now that our intrepid court reporter Demosthenes has departed the Bay Area, has anyone else out there seen fit to attend? The play by play for the first three days was riveting and I am jonesin' for more.
God Surprised Me Again (October 20, 2007)
The day our trial began I had every intention of asking the jury to enter a guilty plea on our behalf. We have attempted to do this now about 15 times in this court including each plea agreement and they keep denying us our remedy. Well I did ask the jury to enter the guilty plea in our opening statements and the trial was stopped to discuss entering a guilty plea with the court. Judge Alsup made me an offer of a set of conditions I could not accept and we had to proceed to trial. God, Scott, and I had a brief conversation and His instructions were simple. "Take a free swing." Now for those of you who have God figured out you don't know Him. I am in one of the strangest situations in my life. I am taking my best shot at winning a trial I would rather lose from a tactical point of view. I can't explain all the reasons this is true because of my enemies surveillance of this site. What I can tell you is that if we get found guilty I would be happier, God knows men's hearts and all the conditions of this battlefield. I have to trust Him to guide me past my understanding. Regardless of the victory God has designed I am certain it is more thorough than my best calculations. Don't fear for us we are having a blast. It is fun having a trial shooting from the hip since we didn't prepare for it. We won the first week hands down but there are 3 more weeks at least to go. A record is being created and if we can manage to create a record of how banking is really done it will not disappear as much as they would like it to. I don't suspect that happening at the moment because Mr. Alsup is making every ruling possible to keep out that information. He is making sure none of the witnesses are qualified to talk banking including the experts. We had our first expert a Mr. Johnson who was a bank fraud specialist from the OCC. We have a bond guy named Mr. Post and perhaps Walker Todd. That is the extent of quality opinions. The rest is scared clients, employees, and government drones.
I want to say a very sincere thank you to those who have already testified Farrel LeCompte, Tim and Peggy McKay, Jeff Smith, Steven Gyman. All of you were honest. I know that all of you are hoping that I will prevail and be able to keep my promises but I am not offering this to you. We all need to rely upon the Lord whose promise that all things work together for the good to those who are called according to His purpose. I heard of your pains and I am very sorry for your suffering. My prayers are sincere for God's moment of restoration to all of you. I want to encourage you all not to fear for us or for your interest that we are defending. We are being obedient to the Lord and that is our strength.
I understand that our lady reporter is working for Quatloose. I recommend going to her site to get her facts. I will not be able to keep you as informed. Don't worry about her opinion just sift that out. I could only hope her opinion of how bad we are doing is true. Don't think I have a defeatists attitude it is quite the contrary. Unlike most of you I am not persuaded by the propaganda that make the lie appear real. I have studied my knowledge to a Gestalt and tested it to empirical certainty. That is why I take what appears to be risk to most of you. The truth of the matter is I am very conservative always betting on the sure thing. Know that you are all loved and respected. Go to the throne of heaven and find your peace and I'm certain your prayers for us will change. Be well and of good cheer your God knows you and has long since devised the plans He is executing for you this day.
Wonder where he's working now? His CPA license was revoked by NC, SC and the IRS.Judge Roy Bean wrote:None other than Todd Ellis Swanson is about to become a guest of the USMS:
A taxpayer-expense-paid coast-to-coast trip is on the horizon for this doofus."Defendants’ waive the attorney client privilege as to Thomas Spielbauer and Todd Swanson. Todd Swanson has not responded to the Government’s subpoena. Government’s motion for a warrant is granted.
Court ordered a No Bail Bench Warrant for failure to appear (18:3146) be issued as to Todd Ellis Swanson aka Todd-Ellis Swanson."
6. Respondent was not present at the Hearing and was not represented by counsel.
Then again, I don't think he's actually had anything to run from until now.CaptainKickback wrote:He might be working as a casual, cash only, day laborer, living in some crappy little flophouse or renting a room ion some little podunk backwater that is 30 minutes from nowhere.
Bets he is found in Montana, or the Dakotas? Maybe Michigan?