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Posted: Thu Nov 15, 2007 9:30 pm
by neodemes
neodemes wrote:
Judge Roy Bean wrote:Odd - I don't recall off-hand that obstruction of justice was one of the counts.

One has to take into account the veracity of most of what is posted on that blog.

It will eventually make the news.
I have it from a reliable source that obstruction was added.

(and to kiss his ass... :o ...hey, I'm just the messenger)

:wink:
Slight edit needed: substitute 'contempt' for 'obstruction'.

Posted: Thu Nov 15, 2007 9:48 pm
by Scott from Vineland
neodemes wrote:
neodemes wrote:
Judge Roy Bean wrote:Odd - I don't recall off-hand that obstruction of justice was one of the counts.

One has to take into account the veracity of most of what is posted on that blog.

It will eventually make the news.
I have it from a reliable source that obstruction was added.

(and to kiss his ass... :o ...hey, I'm just the messenger)

:wink:
Slight edit needed: substitute 'contempt' for 'obstruction'.
Contempt... imagine that.
:roll:

Posted: Thu Nov 15, 2007 10:17 pm
by neodemes
Scott from Vineland wrote:
neodemes wrote:
neodemes wrote: I have it from a reliable source that obstruction was added.

(and to kiss his ass... :o ...hey, I'm just the messenger)

:wink:
Slight edit needed: substitute 'contempt' for 'obstruction'.
Contempt... imagine that.
:roll:
And the latest word is, the contempt charges were dropped, according to the special verdict form, deemed not necessary with all the counts running concurrent.

Posted: Thu Nov 15, 2007 10:36 pm
by Pauligirl
NORTHERN DISTRICT OF CALIFORNIA
The Honorable WILLIAM ALSUP
Date: November 14, 2007
Case No. CR 05-00611 WHA
Case Name: USA v SCOTT HEINEMAN and KURT JOHNSON
Counsel for Government: David Hall; Brigid Martin
Counsel for Defendants: Pro Se
Advisory Counsel: not present CJA Paralegal: Steven Moore
Clerk: Dawn K. Toland Court Reporter: Joan Columbini
Trial Began 10/15/07 Trial Ended 11/14/07
Trial Motions: Disposition
1.
Proceedings:
Outside the presence of the jury: Parties agreed to give the jury the clerk’s list of defendants
exhibits and the Government’s revised exhibit list in response to their request and that exhibits # 26
and 27 are withdrawn.
Jury continued deliberations and reached a verdict. Defendant Heineman and Johnson both found
guilty of all the counts in the special verdict form
. Matter continued to 2/5/08 at 2:00pm for
sentencing. Matter continued to 11/16/07 at 10:00am for status re appt of counsel.
Court will consider the Government’s motion to redact or seal the jury foreperson’s signature from
the special verdict form. Government’s motion to suspend the defendants computer access is
granted.

Posted: Thu Nov 15, 2007 10:42 pm
by Demosthenes
11/14/2007 525 Minute Entry for proceedings held before Judge William H. Alsup: Jury Verdict as to Dale Scott Heineman, Kurt F. Johnson held on 11/14/2007. Dft Heineman and Johnson both found guilty on all counts in verdict form. Govt's motion to suspend computer access is granted. Sentencing set for 2/5/2008 02:00 PM before Hon. William H. Alsup. Status Conference re appt of counsel set for 11/16/2007 10:00 AM. (Court Reporter Joan Columbini.) (dt, COURT STAFF) (Filed on 11/14/2007) (Entered: 11/15/2007)

11/15/2007 521 ORDER RE SEALING OF VERDICT as to Dale Scott Heineman and Kurt F. Johnson. Signed by Judge William H. Alsup on 11/15/2007. (whasec, COURT STAFF) (Filed on 11/15/2007) (Entered: 11/15/2007)

11/15/2007 522 Proposed Order by USA as to Dale Scott Heineman, Kurt F. Johnson to deny computers, tec. (Hall, C.) (Filed on 11/15/2007) (Entered: 11/15/2007)

11/15/2007 523 Proposed Order by USA 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 to Unseal November 21, 2004 Declaration of Thomas Spielbauer (Martin, Brigid) (Filed on 11/15/2007) (Entered: 11/15/2007)

11/15/2007 524 ORDER TO U.S. ATTORNEY 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 November 15, 2007. (whalc2, COURT STAFF) (Filed on 11/15/2007) (Entered: 11/15/2007)

11/15/2007 526 ORDER DENYING THE DEFENDANTS THE USE OF COMPUTERS, WORD PROCESSORS, OR TYPEWRITERS IN CUSTODY OF THE US MARSHALS SERVICE 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 November 14, 2007. (whalc2, COURT STAFF) (Filed on 11/15/2007) (Entered: 11/15/2007)

11/15/2007 527 ORDER UNSEALING NOVEMBER 21, 2004 DECLARATION OF THOMAS SPIELBAUER 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 November 15, 2007. (whalc2, COURT STAFF) (Filed on 11/15/2007) (Entered: 11/15/2007)

Posted: Thu Nov 15, 2007 10:43 pm
by Dr. Caligari
No surprise, but good to see it confirmed.

Posted: Fri Nov 16, 2007 9:22 pm
by Dr. Caligari
Sentencing set for 2/5/2008 02:00 PM before Hon. William H. Alsup.
I may be going out on a limb here, but I predict that Dumb & Dumber will hire real lawyers, who will show up at sentencing and move for a new trial on the ground that the judge should not have let them appear pro se because they're nuts.

Posted: Fri Nov 16, 2007 9:46 pm
by Scott from Vineland
That's probably a pretty sturdy limb to put yourself out on, Doc.
:wink:

Posted: Fri Nov 16, 2007 10:13 pm
by Judge Roy Bean
Dr. Caligari wrote:
Sentencing set for 2/5/2008 02:00 PM before Hon. William H. Alsup.
I may be going out on a limb here, but I predict that Dumb & Dumber will hire real lawyers, who will show up at sentencing and move for a new trial on the ground that the judge should not have let them appear pro se because they're nuts.
Methinks they will have to accept the services of Court-appointed counsel for that phase if they want any hope of other than maximum sentences.

And although I haven't seen the Faretta transcripts in this one, sheer egotism, arrogance and bluster don't disqualify one from self representation and thus crack open a door to appeal.

Then again, Heineman may be having second thoughts.

But as predicted, the scam isn't apparently interesting enough to garner any attention from the media so we may never really get to learn much about what actually took place or any more details about what will be happening.

I'm sure the sycophants will try to keep their martyr's aura glowing, but this is going to be one of those life's little mysteries pretty soon.

Posted: Fri Nov 16, 2007 10:28 pm
by Dr. Caligari
I didn't say they would succeed in getting the verdict set aside on the ground that they were incompetent to represent themselves; I said they would try. I mean, what other option do they have?

Posted: Fri Nov 16, 2007 11:28 pm
by nobodyknows
Correct me if I'm wrong, but weren't they already brought before a psychiatrist or the like and found to be competent to stand trial pro se? Or at least NOT found to be nuts?

Posted: Sat Nov 17, 2007 12:13 am
by neodemes
Yes, they were.

Posted: Wed Nov 21, 2007 4:09 pm
by nobodyknows
Looks like some "sealed" documents have been filed on Pacer about the case. Anybody know what those are about?

Posted: Wed Nov 21, 2007 5:53 pm
by Judge Roy Bean
nobodyknows wrote:Looks like some "sealed" documents have been filed on Pacer about the case. Anybody know what those are about?
The Court is apparently concerned the original jury notes would have revealed the name of the jury foreperson. He ordered them sealed and a copy concealing the name and number to be placed instead.

The other sealed documents probably follow along the same sense of concern for revealing the names of jurors or the victims that might be called at the sentencing.

Posted: Wed Nov 21, 2007 6:38 pm
by nobodyknows
Well, that makes sense. Lord knows, certain people would be burning up the phone line trying to get in touch with those jurors. They've had enough to deal with!

Posted: Mon Nov 26, 2007 10:09 pm
by Prof
The true believers are still on the attack at "Mortgage Fraud Blog," http://www.thedoreangroup.blogspot.com . The judge was corrupt, or the judge gave bad instructions, or this, or that.

The poor pathetic loosers have nothing better to do than talk about "St." Kurt, etc. Read it if you want tragi-comic relief or enjoy personal attacks on Notorial Dissent, who keeps trying to point out the truth to these idiots.

Posted: Mon Nov 26, 2007 11:01 pm
by Dr. Caligari
This is my favorite comment from one of those true believers:

Some idiot at Kurt's blog wrote:I suspect highly that Kurt has had this in mind all along or something similar...
step 1..
posting a bond against your BC...with declaration of political status filed with apostille sent to secretary of treasury Paulsen through a notary witness....along with indemnity bond...
step 2.
present Judge Alsup...the clerk...county officials etc etc etc...with a bonded promisorry note.. you the creator and two co-sureties bring standing validity to the instrument and you list them on the bond as co=benificiaries...along with Secretary of treasury...present bonded promisorry note ..wait three days ..issue private offset
bond delived privately...preferably by notary...they will most likely ignore or claim that the instrument is bogus...they will most likely pay no attention to the self executement of the contract..however with your perfected instrument ..
step 3..
..you now have the power to liquidate there bond and put an end to their position...they will be forced to settle the account..why..because they are guilty of theft of public funds.
step 4..
you will walk...end of game...

Posted: Mon Nov 26, 2007 11:09 pm
by Dezcad
Dr. Caligari wrote:This is my favorite comment from one of those true believers:

Some idiot at Kurt's blog wrote:I suspect highly that Kurt has had this in mind all along or something similar...
step 1..
posting a bond against your BC...with declaration of political status filed with apostille sent to secretary of treasury Paulsen through a notary witness....along with indemnity bond...
step 2.
present Judge Alsup...the clerk...county officials etc etc etc...with a bonded promisorry note.. you the creator and two co-sureties bring standing validity to the instrument and you list them on the bond as co=benificiaries...along with Secretary of treasury...present bonded promisorry note ..wait three days ..issue private offset
bond delived privately...preferably by notary...they will most likely ignore or claim that the instrument is bogus...they will most likely pay no attention to the self executement of the contract..however with your perfected instrument ..
step 3..
..you now have the power to liquidate there bond and put an end to their position...they will be forced to settle the account..why..because they are guilty of theft of public funds.
step 4..
you will walk...end of game...
He did get one thing right:
they will most likely pay no attention

Posted: Mon Nov 26, 2007 11:20 pm
by neodemes
Dezcad wrote:
He did get one thing right:
they will most likely pay no attention

:lol: :lol: :lol:

Posted: Tue Nov 27, 2007 3:17 pm
by Prof
neodemes wrote:
Dezcad wrote:
He did get one thing right:
they will most likely pay no attention

:lol: :lol: :lol:
I should have added that Neodemes, along with ND, keeps trying to point out the errors of logic (and, in Neo's case, the errors in theology). But Neo, why beat your head agains the wall?