Kent Hovind Since Sept 2013

[Paths of the Sea]

This was filed in the criminal case docket instead of the stand-alone criminal contempt case docket:

KENT HOVIND 59(e) MOTION

FILED July 21, 2014

US District Court For The Northern
District Of Florida/Pensacola Division

Case No. 3:06-cr-83/MCR

Kent E Hovind
petitioner

v.

United States of America respondent

Fed.R.Civ.P. 59(e) Motion

Comes Now Kent E Hovind, petitioner, and for his Fed.R.Civ.P. 59(e) Motion, based on the following:

1. On July 8,2014, the court granted the government's renewed motion to find the petitioner in criminal contempt of violating a 2012 court injunction enjoining certain entities from filing liens to prevent the United States from enforcing its interests in relation to certain properties.

2. Two months ago the petitioner was transferred from FCI Berlin to FPC Maxwell,and in the ensuing transit only stayed at FPC Maxwell for 4 days before being re-transferred to the Elmore County Jail. From the Elmore County Jail the petitioner was retransferred to the BOP Holding Center in Atlanta, where he remains.

3. The petitioner's mail has not followed him due to this set of transfers, and at no point was the petitioner ever served with a copy of the renewed motion the court makes reference to in its order.

4. Having not been served with the renewed motion the courts granting of the motion without affording the petitioner a opportunity to respond or rebut the motion has denied the petitioner his 4th and 5th Amendment procedural due process ,and is further violative of the Local Rules of the court for The Northern District of Florida.

5. The court's holding which finds the petitioner's objections to the renewed motion as "moot" are misplaced and plain error, when the only objections the court could be referencing are the petitioner's objections to the initial motion, which the court by necessity must have denied the government for this new motion to be under consideration. The petitioner also never was
served with the court's order which disposed of that initial order, which is a further violation to his due process, and any objections made by the petitioner to the initial order cannot be construed by the court as an implied or express waiver of his legal right to respond to any subsequent renewed motion brought by the United States.

6. The United States defaulted on the initial motion to hold the petitioner in contempt, which was many months ago, and the court never ruled on that default. The petitioner subsequent to that initial motion has filed pleadings in the courts and with the Department of Treasury which reveal in detail the govemment actors' misconduct in willfully suppressing evidence of his innocence of the crimes he was found guilty of, conduct which soundly violated his rights under Brady v. Maryland. This "renewed" contempt order, made at the end of the petitioner's 10 year sentence and after the government has liquidated the properties which form the basis for the 2012 injunction, creates a rebuttable presumption that this July 8,2014 motion is retaliation against the petitioner for him exercising his constitutional right to redress and appeal in furtherance of exposing the government's aforementioned misconduct. It is well settled in the US district courts that retaliation for the exercise of an , inmate's constitutional right is impermissible and is itself unconstitutional.

7. The court's granting of the July 8,2014 order, under the aforegoing basis where the petitioner has been denied notice and due process, is unconstitutional, and this proceeding itself is highly prejudicial to the petitioner and gives rise to actions hurried and committed under an impermissible desire to retaliate.

8. For the foregoing reasons, the petitioner respectfully asks the court to vacate its July 8,2014 order, and to dismiss the governments motion with prejudice for being based upon an improper motive.

Wherefore the petitioner prays that the court will grant his motion.

Kent E Hovind

--------------------------------------------------------

[Paths of the Sea]

---

In response, the Court has this docket entry posted:

- Full docket text:
-
- Set Deadlines re Motion in case as to
- KENT E HOVIND [478]
-
- MOTION to Alter Judgment.
-
- (Internal deadline for referral to judge if
- response not filed earlier: 8/8/2014). (sps)

----------------------------------------------------

[AndyK]

The petitioner's mail has not followed him due to this set of transfers, and at no point was the petitioner ever served with a copy of the renewed motion the court makes reference to in its order.

One of the advantages -- NOT -- of failing to have an attorney with a fixed mailing address.

[Paths of the Sea]

From a legal standpoint, is there anyone here who can explain what constitutes "service" regarding the issue raised by Hovind in his latest filing.

For instance, is it sufficient that the Court sends notice to his last know address?

Are there special rules as to what constitutes "service" for an inmate?

In my opinion, Hovind has credibility problems and it appears his claim not to know what is going on, despite having a "legal dream team", is all too common.

For example, when I was communicating with Hovind directly not long ago, he claimed he had no idea what was going on in his Tax Court case. Maybe he did; maybe he didn't. Maybe he was setting that up to claim ignorance when the Court ruled against him. And in that case he had recognized, legal representation. Hovind did manage to get some traction out of that, but, as expected, the Court ruled against him.

Sincerely,
Maury Enthusiast!

[notorial dissent]

Saying Dr Dino has credibility problems is kind of like saying water is wet.

I think it is safe to say that at any given moment he is probably flat out lying, or at the very least bending the truth in to a pretzel.

My memory may be failing me here, but as I recall from the prior episode(s), he was refusing to accept papers from the court, and then was complaining that he didn't know what was going on. I think he is in deep denial and is doing his best to pretend none of this is happening, all the while pulling things that are just getting him in to more trouble.

I really don't expect this to go any different than his prior efforts.

[JamesVincent]

Service can be many things. I would hazard a guess that as a prisoner he would have been given his paperwork in the klink. With all the moving he's done maybe the papers got mixed. Like was said before one of the advantages to having an attorney is having a fixed address to send paperwork to.

[Paths of the Sea]

Peter Reilly, Forbes contributor, expresses sympathies for Kent Hovind:

http://www.forbes.com/sites/peterjreill ... d-go-home/

----------------------------------------

[Arthur Rubin]

I didn't think criminal contempt allows the defendant to request a jury trial.

[Dr. Caligari]

I didn't think criminal contempt allows the defendant to request a jury trial.

A defendant charged with criminal contempt is tried by a jury unless the judge certifies at the beginning of the case that he will not sentence the defendant to more than 6 months in prison. The judge specified here that Hovind will be tried by a jury, which implies that he is considering throwing the Good Book at Dr. Dino.

[Famspear]

......which implies that he is considering throwing the Good Book at Dr. Dino.

If it becomes obvious to Dino that they're gonna throw the Good Book at him, will Dino ask for the King James Version?

[Paths of the Sea]

Filed July 28, 2014

Case No. 3:14MC53-MCR/EMT

US District Court for the Northern
District of Florida

United States of America

v.

Kent E Hovind

Motion for Continuance and Assistance of Counsel

1. Comes now Kent Hovind to petition this court for a continuance and for a Bill of Rights Amendment #6 assistance of counsel.

2. I have been in transit in the BOP for well over 2 months and do not have access to my legal files. I am due to be transferred again soon and it may take weeks or a month to get my property which contains all my legal files after I am settled in a new
location. I request 6 weeks minimum after I get my legal files to prepare.

3. This court ordered me transported to the Northern District of Florida to appear for trial on September 8, 2014 and to remain in custody pending trial. (Doc. #1 )

4. This court also ordered that I be "allow[ed] a reasonable time to prepare a defense."

5. If I am transported to the county jail in Pensacola or some other similar facility I will still not have my legal files, copy machine or law library access and will be unable to prepare a defense from that location.

6. Under the 2007 2nd chance act I qualified for release to halfway house or home confinement 5 months ago but the BOP only granted me release to home confinement Feb., 2015: Please order the BOP to release me and my property to a halfway house or home confinement in Pensacola now so I can begin preparing my defense in this case. A third option is that I be placed at the Federal Prison Camp in Pensacola pending trial.

7. I am no flight risk. I have been at minimum security camps for over 7 years where I could simply have walked away at any time .

8. I also hereby ask the court to appoint competent, zealous "assistance of counsel" as provided for in the 6th amendment to the US Constitution. I understand that this may require the BOP to provide my financial statement. This Atlanta transfer center does not have a copy machine for inmate use, does not have a working printer for inmate use and I am only allowed out for 1 hr/day and only rarely is that the time when the Counselor is available. It may take them some time to process the courts request for financial information. This is another reason for seeing a continuance. I did file paperwork with the Counselor today.

Respectfully submitted this 23rd day of July 2014
Kent Hovind #06452-017
USP Atlanta
Box 150160
Atlanta, GA 30315
----------------------------------------------

[Paths of the Sea]

I'm thinking that if Kent and Jo are serious about wanting Kent home as scheduled in February of 2015 that the Government is in a very good position to make a deal with Hovind.

If Hovind doesn't want to face more prison time for criminal contempt, he may be able to make a deal to allow him to go home on schedule, or close thereto, depending on what he might be willing to admit to and what he may be willing to commit to doing upon his release and what he may be willing to commit to NOT doing upon his release.

Sincerely,
Maury Enthusiast!

[grixit]

The filing seems reasonable to me. However, the repeated request for "assistance of counsel", instead of "a lawyer" may mean that he wants a self promoting guru to act as his advocate. Any idea who would be the likely candidate?

[Paths of the Sea]

The filing seems reasonable to me. However, the repeated request for "assistance of counsel", instead of "a lawyer" may mean that he wants a self promoting guru to act as his advocate. Any idea who would be the likely candidate?

I noticed Kent was apparently trying to distinguish between being afforded a court appointed lawyer and preferred simply to have someone assist him as he acts as his own counsel.

Delays in proceedings are quite common in my limited experience, so it would come as no surprise that some accommodation is made. However, given the facts of the case and the possible providing of counsel for Hovind's use, it would sure be nice if the they could just get it over with (preferably through a plea deal with Hovind's admissions and agreement as to his certain future conduct; if Hovind really wants to go home in February).

Otherwise, Forbes' Peter J. Reilly has expressed some sympathies for Kent in an article today, following up on yesterday's article. Here's the link on that:

http://www.forbes.com/sites/peterjreill ... etrospect/

Sincerely,
Maury Enthusiast!

[notorial dissent]

I'm thinking that if Kent and Jo are serious about wanting Kent home as scheduled in February of 2015 that the Government is in a very good position to make a deal with Hovind.

If Hovind doesn't want to face more prison time for criminal contempt, he may be able to make a deal to allow him to go home on schedule, or close thereto, depending on what he might be willing to admit to and what he may be willing to commit to doing upon his release and what he may be willing to commit to NOT doing upon his release.

Sincerely,
Maury Enthusiast!

If Dr Dino were a sane, sensible, and responsible individual the above might all be valid and on point, and would be an excellent solution to the problem at hand.

The thing is, he has yet to evidence any of the above characteristics, and to date has not acted in the least in his or anyone elses best interests. In other words, DON'T HOLD YOUR BREATH!!! If there is some way he can find to make his situation worse I am confident that that is exactly what he will do.

As Grixit pointed out based on the way he phrased his request for counsel, I am expecting him to pull something, and something (exceedingly stupid)that will not at all be in his best interests.

The one thing I do agree with him about is why they have been moving him all over the place. They should have left his sorry ass where it was, let him prepare, such as he would or will manage to do, and then transfer him down to Pensacola or where ever in time for the trial, otherwise, they are making it next to impossible for him to do anything, which means they have just added a great deal of time to the mixture that needn't have happened.

[Paths of the Sea]

Kent Hovind Arrives in Florida

https://www.facebook.com/2peter3/posts/689057407837668

From: Kent Hovind
Date Posted: Friday, August 1, 2014
Time Posted: About 7:00 AM MT

Well, I was moved yesterday (in chains for 5 hours) to Tallahassee, FL!

Gettin closer!

I think that was my 21st move in the BOP. ( It looks like I'll be here for maybe 10 days? then moved to Santa Rosa County Jail in Milton, FL just 20 miles from home!

Once I get moved to the county jail I will lose all email contact so I will call to keep Ernie and Geena and Marianne informed. They can spread it on to all and post it on 2peter3.com

Address here is

Kent Hovind 06452-017
Federal Detention Center
501 Capital Circle N.E.
Tallahassee, FL 32301.

This is MUCH better than Atlanta!
We get out all day!
Beds are 3" thick!

My family can visit and it is NOT through the glass on a phone!

This Sun 8:30- 3:30 or next Sat 8:30-3:30.

I'll keep everyone informed as I learn more.

No word on delaying the trial yet.

I still do NOT have my legal files and they will not give them to me here or at the county jail. It sure seems unfair to have a trial when I can't prepare!

Send any ideas to Ernie docfog@docfog.com or geena gfamilyservices@hotmail.com.

Thanks for your prayers!

Paul's trials and travels in Acts and Phil. 1:12 sure mean more to me these days.

See you at the finish line!

~Kent Hovind

[Paths of the Sea]

ORDER in Response to Hovind Motions

Filed July 30, 2014

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION

In re: KENT E. HOVIND

Case No. 3:14mc53-MCR/EMT/

O R D E R

Pursuant to this Court’s Notice of Criminal Contempt Proceedings and Show Cause Order, this matter is scheduled for jury trial commencing Monday, September 8, 2014.

This matter is now before the Court on Mr. Hovind’s Motion for Continuance and Assistance of Counsel (doc. 3).

In addition to the request for continuance of the scheduled trial and appointment of counsel, Mr. Hovind requests that he be released to a halfway house, placed on home confinement, or otherwise housed at the Federal Prison Camp in Pensacola pending trial.

Although the Court ordered Mr. Hovind’s return to this district for trial purposes, Mr. Hovind remains in the custody of the Bureau of Prisons and the Court has no authority with regard to confinement or facility designation.

With regard to Mr. Hovind’s request for appointment of counsel, without the requisite financial information, the Court is unable to determine his eligibility for such appointment.

Accordingly, it is ORDERED:

1.

Upon his return to this district, Mr. Hovind will be brought to appear before the magistrate judge for completion of a financial affidavit and determination of his eligibility for appointment of counsel.

2.

The request for continuance is deferred pending a determination regarding appointment of counsel and/or appearance of counsel on behalf of Mr. Hovind.

SO ORDERED this 30th day of July, 2014.

s/ M. Casey Rodgers
M. CASEY RODGERS
CHIEF UNITED STATES DISTRICT JUDGE

----------------------------------

[Paths of the Sea]

Regarding Doreen Hendrickson's recent criminal contempt conviction and the people related thereto:

...in the bigger picture, you guys are insignificant.

You matter only to yourselves.

How many court spectators did you manage?

A dozen, right, most of whom were family members?

And, as far as the govt is concerned, the Hendricksons are little more than garden-variety criminals.

Swat them and move on.

The rulings Judge Roberts made would have been exactly the same in a bank robbery or drug sale prosecution. And you matter no more than do bank robbers or drug dealers.

Live with it.

I'm looking forward to see if Hovind, if he goes to trial for criminal contempt, fares any better as far as the public attendance and media attention.

If Hovind's people play the cards right, it could really turn in to an entertaining spectator event.

One of Kent's people wrote earlier today:

---------------------------------

From: Matthew Buhr
FaceBook: https://www.facebook.com/matthew.buhr.1
Date: Sunday, August 3, 2014

If you really look at all of the documents clearly
and look at the government's reasoning for why
he is in jail, it just doesn't work.

Kent Hovind should have been out a long time ago.
The government is now scared to let him go because
they know that he knows Everything.

They realized their mistake of putting him in jail
because if he didn't go to jail in the first place,
he would have kept ministering on Creation/Evolution
and would not have talked much about the New World Order.

Now that he's had about 10 years to really study the stuff,
he knows more than he ever would have known before, so
the government is afraid to let him go.

They have no reason to keep him legally, but refuse to let
him go because he will expose them like no other.

Look at what he's done already with those phone interviews
with Gea.

Have you seen the interviews online?

---------------------------------------------------

Sincerely,
Maury Enthusiast!

[Paths of the Sea]

https://www.facebook.com/2peter3/posts/691198387623570

From: Gea Ambrosia
Date: Tuesday, August 5, 2014
Time: About 1:45 PM MT

OPEN LETTER TO THE CHURCHES OF PENSACOLA

"He that answereth a matter before he heareth it, it is folly and shame unto him." Pro 18:13.

In the last 8 years there has been a LOT of negative press about the creation ministry of Dr. Kent Hovind and Dinosaur Adventure Land on North Palafox in Pensacola over the IRS case against his ministry. He has served almost 8 years in prison and still maintains his innocence as scores of Bible characters did!

Every freedom and truth loving American in general and Christians ESPECIALLY should not jump to condemn a brother and fellow servant of the Lord without knowing all the facts!

How many innocent people in the Bible spent time in prison or being persecuted?

It's coming again by the way. See Dr. Hovind's latest book from prison- "What on Earth is About to Happen...for Heaven's Sake?" It's on www.2peter3.com along with LOTS of his blogs, updates and motions filed in his case.

Jn 3:19 makes it CLEAR why some do NOT want the "whole truth" told about what REALLY happened in this case!

His case is NOT over yet and with the IRS in the news and before Congress for "targeting conservative ministries" it will be wise for believers especially to understand the issues before judging Brother Hovind.

Your ministry may be next!

His legal team feels certain that retaliation for his complaint of misconduct against the judge and the US Attorney in his case (seewww.2peter3.com/legal or read the attached files) is the real motive behind this new charge now.

Please do NOT be like job's friends and ASSUME Dr. Hovind "must have sinned because he's in prison and God doesn't let innocent people go to prison or suffer..."

See God's response to those guys in Job 42.

We (his volunteer legal assistants) do not know for sure IF this new charge will ever come to trial but we ask for your prayers in all this.

The real lawbreakers need to fear that the truth will be exposed.

The bad press has caused some to not watch the DVDs he has produced. That was obviously Satan's plan from the start. Those simple DVDs on creation have brought many thousands to Christ. If you have never seen them please watch them! They are on www.drdino.com and youtube.

All we want is for the truth to come out.

We feel certain Dr. Hovind will be exonerated yet (like Job was) and return to preaching and teaching God's Word soon.

We ask for your prayers for that.

Thanks for your prayers,

Gea Ambrosia
CLUB CREATION


--------------------------------------------------------------------

[notorial dissent]

How entertaining. It would appear that Gea is as big of a liar as Hovind. No real surprise there, but at least she comes out and verifies the fact finally.

I am curious as to just what or which legal team she is referring, since the last I heard, he was sort of pleading poverty or at least asking for a PD.