Elaine gets 35

[cynicalflyer]

NH tax evader appealing sentence, conviction

Like this is a big surprise,

Given her, or should I say ELAINE's, prior refusal to appeal (except to file some gibberish months/years after the last day to file) this is somewhat of a shock.

[The Observer]

On the other hand, it might impress upon these Sovereign, sentient individuals that it can get rather dodgy when you are living in a paradise where there are no rules or government, and your next door neighbor starts stealing from your garden or poaching from your woods -- or, as you indicate, deciding to hold a barbecue with you as the main course.

I doubt that any of these sovrun citizens have ever read Hobbes and would probably fail to understand why their time on their penal island is turning out to be "solitary, poor, nasty, brutish, and short." They would just blame the other guy...as they have always done.

[Pottapaug1938]

NH tax evader appealing sentence, conviction

Like this is a big surprise,

Given her, or should I say ELAINE's, prior refusal to appeal (except to file some gibberish months/years after the last day to file) this is somewhat of a shock.

She probably thought that her previous gibberish was so well written, so intelligent and so perceptive about how the law REALLY is that she'd get sprung almost as son as she filed it.

[wserra]

According to all the reports I have read, there was no evidence directly linking Elaine to any of the explosive devices. She didn't buy them, she didn't handle them, and she didn't talk about them. So the prosecution's case is based on circumstantial evidence.

There is rarely direct evidence of mental state. The only non-exceptional situation I can think of involves statements by the defendant - "I killed the SOB, and I meant to do it", or words to that effect. Otherwise, proof of mens rea is circumstantial. "Constructive possession" is a related concept, and IMHO clearly established.

They were in the house, therefore she must have known about them

In the context of what was going on around them, that's a pretty good basis for constructive possession.

The government can prove guilt beyond a reasonable doubt by circumstantial evidence

The entire case against her is hardly circumstantial. The proof of the mens rea elements may be, but (as I noted above) frequently is.

but whether they did in this case, and whether the explosives statute should really be applied in this kind of case, both seem to me to be non-frivolous issues, and issues that an appellate court will not dismiss out of hand.

I respectfully disagree. We'll see.

[notorial dissent]

NH tax evader appealing sentence, conviction

Like this is a big surprise,

Given her, or should I say ELAINE's, prior refusal to appeal (except to file some gibberish months/years after the last day to file) this is somewhat of a shock.

If she had remained pro se, then yes I would agree with you, since she and the other half of the dim and bewildered don’t believe that the legal process they have fallen to is real, but having accepted, albeit grudgingly, the help of a real attorney it was a foregone conclusion, he couldn’t not file one, even as likely of failure as it is.

LPC, I agree with you to a point, I don’t think she was an active participant, but she certainly didn’t do anything about it, and I quite frankly see her as a mostly willing participant in the whole farce. In my eyes, it comes down to she had a moral/ethical obligation to have either stopped what was going on, or to have removed herself from it, she did neither.

In the final analysis it comes down to the rule that a participant in a felony is equally responsible for the actions of the other participants, and if someone had been killed, the whole sorry bunch of them would have been on trial for their lives, irregardless of who or what actually did the deed.

[.]

Since trial counsel are rarely appellate experts and seldom have much appellate experience, I'll guess that filing the notice of appeal will likely be pretty much the end of the line for the poor guys who had to do the trial in the case of both E&E, with court-appointed appellate counsel coming down the line soon.

[Dezcad]

The latest nonsense by the Brown dimwits was just filed, although dated September 30, 2009. You can see their Order for Writ of Habeaus Corpus here..

[.]

Funny stuff.

Is there any evidence that EDWARD BROWN© AND/OR ELAINE BROWN© are not UNITED STATES vessels?

The USS Ed Brown© sails ever onward and deeper into the Sea of Delusion, ignoring the fact that the bilge pumps are incapable of keeping up with him.

[LPC]

The latest nonsense by the Brown dimwits was just filed, although dated September 30, 2009. You can see their Order for Writ of Habeaus Corpus here..

The footer is interesting, because it include a field for "<<ManFullName>>". Which suggests that the document is not something that Ed himself created, but an electronic form.

But where (and how) did he get it?

[Demosthenes]

I believe it's a Tim Turner/Earl Koskella document.

The Browns have had a lot of visitors in recent months as a result of being housed at the local county jail pending trial and sentencing.

For Elaine, that's over. She's back at the Danbury camp and will likely be moved back to the higher security admin facility in Texas asap, preferably before she starts filing retaliatory fake liens against Scoop.

[Imalawman]

I believe it's a Tim Turner/Earl Koskella document.

The Browns have had a lot of visitors in recent months as a result of being housed at the local county jail pending trial and sentencing.

For Elaine, that's over. She's back at the Danbury camp and will likely be moved back to the higher security admin facility in Texas asap, preferably before she starts filing retaliatory fake liens against Scoop.

What's the deal with Scoop? I never caught on to that side story....

[Demosthenes]

What's the deal with Scoop? I never caught on to that side story....

It all boils down to a 2006 article that she wrote about the Browns

http://www.concordmonitor.com/apps/pbcs ... /606120302

Ed blamed Margot for printing his comment about having significant cash in the house, even though he had told her about in on the record.

According to Ed, when the standoff started in January 2007, not everyone who showed up was there to provide armed support; some were looking to steal his loot. Therefore, his supporter troubles were Margot's fault since he had to constantly be wary of everyone trying to steal from him.

Since bitching about the cash made the Browns and their followers look like greedy rich crooks, Elaine focused instead on another part of the same 2006 article. The articles said that they were facing 10 years prison sentences for each money laundering count, when it should have said for each structuring count.

During her allocution, Elaine said that Margot had intentionally lied about them and called them money launderers in 2006 to make them look like criminals to the New Hampshire populace (aka, the jury pool). The implication is that Margot's June 2006 story caused them to lose their tax trial seven months later. The standoff is, therefore, all her fault.

No one ever said the Browns were rational.

[Pottapaug1938]

Funny stuff.

Is there any evidence that EDWARD BROWN© AND/OR ELAINE BROWN© are not UNITED STATES vessels?

The USS Ed Brown© sails ever onward and deeper into the Sea of Delusion, ignoring the fact that the bilge pumps are incapable of keeping up with him.

The USS Ed: Brown and USS Elaine: Brown are foundering, victims of torpedoes launched from their own decks....

[grixit]

Inadequately provisioned, the crew is suffering from the long term effects of mental scurvy.

[Lambkin]

The ship aground! We'm all aback and sprung a butt in the forepeak!

[Paul]

58 . If the answer to #58 is yes, where is the record of the evidence filed ?

'nuff said.

[Demosthenes]

From:
Jose M.


Date: Oct 7, 2009 3:54 AM
Subject:
E&E Brown supporters come back; WE ARE WINNING !
Body:
Despite Elaine's outrageous sentence, we are STILL gaining momentum!

We have yet to hear from appeal attorneys of Jason, Danny, or the Browns, but we can tell you first hand that Reno's attorney is donning his steel-toed boot in preparation to kick some SERIOUS ass.

I am sworn to secrecy but can still post my enthusiasm and I am VERY Enthusiastic about Cirino's (Reno's) upcoming appeal.
Oh MAN ! if y'all could only read what JL Gordon has prepared...by the way, I promised him some stuff (that some of y'all would lick his boots clean any time he wanted them cleaned) if he got Reno out.

NOW, is the time to get active again and show THEM what our REAL numbers look like.

This is HISTORIC, folks.

Will you be part of it or read about it?


:{ jmg

Someone should tell Jose that Danny cut a deal with the feds to help them prosecute Ed and Elaine in exchange for a reduced sentence...

[fortinbras]

This reminds me of the joke (from the Nixon days) of referring to a very decisive loss as "a moral victory", notwithstanding any of the details.

[wserra]

Someone should tell Jose

Why bother?

I know, I know, it's a figure of speech.

[cynicalflyer]

I believe it's a Tim Turner/Earl Koskella document.

Yep. Here's a Google cached version.

http://74.125.113.132/search?q=cache:Jm ... clnk&gl=us