Initial Hearing Following Arrest

U.S. v. JOHN H DOE

January 11, 2006

 

It is a blessing  that, as I was arrested unexpectedly, I had the same judge that I have in a civil case with the IRS. In that case, they are attempting to levy a half million dollars in escrow from a previous suit I won against the State.  So she was familiar with my case.

 

US Attorney (US): (Announces Charges, etc)

 

J: Mr. Doe, do you understand the charges?

 

Public Defender(PD):  Mr Doe has not seen the charges, your honor.

 

US: (Hands the indictment to the PD.)

 

J: The charges are …..(Evasion 7201, and Conspiracy 18.371, 18.2). Do you understand the charges?

 

Doe: I don’t understand the jurisdiction your honor.

 

J: Ok, we can discuss the charges after you have had a chance to read them.  However you have a right to remain silent… Do you  understand your rights?

 

Doe: Your Honor, I would like to make a statement for the record.

 

J: Ok, please come to the podium so you can use the microphone.

 

Doe: Your honor, there are two John Does here today. I realize that this is confusing, your honor. The defendant is a legal person, US citizen, debtor, subject to positive law and the jurisdiction of this legislative, territorial court. I, on the other hand, am a living man, one of the people, secured party, creditor, authorized representative and attorney in fact for the defendant. I am subject to a superior law, foreign to this court. I am a foreign state, which is not subject to the jurisdiction of this court.

 

However, I would like to volunteer to be a third party Intervenor for the defendant. I would like to accept the charges for value, settle the case, and discharge all the debts, including the bonds in this case. Therefore, the parties are in agreement and there is no controversy and this court is in want of jurisdiction.

 

May I introduce to the court my notice of superior law? (Holding notice in hand)

 

J:  No, we only have to cover a couple items here today. We just need to determine if I should appoint a pubic defender and determine bail. Since you are the attorney-in-fact, may I appoint a public defender as standby counsel? Also, I still need your answer. Do you understand your rights?

 

Doe:  I understand that those are the rights that the defendant has.

 

J: Ok.

 

Doe: Since the juristic person has no assets, your honor, it would be appropriate for you to appoint a public defender to represent it. Since I have no standing in this court to represent the defendant, I would appreciate having an attorney to work with.

 

J: Ok, I will appoint Mr. Tilsen  to be your standby counsel.

 

US: Your Honor, I have no idea what Mr. Doe is talking about. There is only one Mr. Doe in this court, and he is standing right here. He has plenty of assets to hire his own counsel. Why are we appointing a public defender? If Mr. Doe is going to represent himself, we will need a competency hearing to see if he is competent to represent himself.

 

J: I am doing this for my own benefit to help Mr. Doe with the details of court operation, so we can operate more efficiently here today. Mr. Doe can decide to hire his own attorney, or represent himself, or whatever he wants in the future. Mr. Doe, you may sit down now.

 

US: I am very concerned by what I heard Mr. Doe say here today. He is not making any sense at all. I believe he is a significant flight risk. I am requesting bail to be set at one million dollars. However, Mr. Doe has unlimited resources, so he could just pay the bail and leave the country. Therefore, I am making a motion to detain him permanently until trial.

 

From my calculations, Mr. Doe owes about $1.7 million in taxes. Even though he can easily pay that, He is not taking this situation seriously. One of these days he is going to wake up and realize he is facing 22 years in jail, and he will flee the country. He has the resources to live anywhere he wishes.

 

PD: Your Honor, pretrial services, who are expert at this subject, have interviewed Mr. Doe and determined that he is a solid citizen with no criminal history, has a large family and significant ties to the community. He has determined that Mr. Doe should be released without bail.

 

J: We will have to have a detention hearing. Do you need any witnesses?

 

US: Yes, your honor. (His witness, an IRS agent, was sitting behind him)

 

J: I would like to have the detention hearing right now, but since you need witnesses, I will make room for Mr. Doe on my calendar tomorrow morning at 10 am. But, I am sorry, Mr. Doe, you will have to spend the night in jail.

 

(After a difficult night being handcuffed in leg chains and shackles, waiting in holding cells, traveling one hour each way to prison, dressing in orange, up at 5:30 am, concerned what they were going to do the next day, walking into court handcuffed and dressed in orange. I’m sure the US Attorney got his ego stroked by all this. All three of my sons were cheering me up and calling friends to pray. All the people I met were polite, decent people. My cell mate wanted me to be his lawyer. One prisoner asked if I was a priest. I felt very sorry for all the young men in prison, half of which were from Mexico.

 

My prayers were answered as soon as I entered the court room. The US attorney came over to me and said, “I will let you go home today if you give me your house as security?  I said “Sounds great to me.” After that, I was in great spirits, since the worst case was fine with me. The PD told me “You can accept that offer, if you want to.” However, he reiterated what he said the previous day. “ I will get your bail down to zero. You just have to keep quiet. Everybody here thinks you are goofy.” I said, “Help yourself buddy, that would be wonderful.”)

 

J: Good Morning Mr. Doe

 

US: Your honor, I am willing to let Mr. Doe go home today if he gives his house as security since it has more than $2 million in equity.

 

PD: We would like to litigate the matter your honor.

 

J: I would prefer if you would make an argument.

 

US: I call IRS agent to the stand.

( They went through the entire case history emphasizing all the crimes Mr. Doe committed. They emphasized how much money Mr. Doe made and how much money he has in his Swiss bank account.

 

The PD did an excellent job of trivializing all her testimony, since Mr. Doe has been fighting with the IRS for the last six years without leaving. He asked her about Mr. Doe’s excellent reputation, charity and community involvement, including 39 years of marriage and large family. At the end of her testimony, she was beginning to cry. I assume for fear of making a mistake in front of her dozen colleagues in the courtroom.)

 

J: There is evidence here that provides probable cause that Mr. Doe committed some crimes. But Mr. Doe strikes me as a person that does not run from his responsibilities. He is more likely to stand and fight. I agree that it would make no difference to Mr. Doe if the bail was $1 million, or zero.  I am denying the motion for detention, and I am setting the bail at zero. If Mr. Doe promises to come back to the next hearing, it is good enough for me. I am putting the date of the next hearing on this order for Mr. Doe to sign.

 

( Mr Doe signs as JOHN H DOE, ENS LEGIS, by: <signature> Authorized Agent)

 

US: He did not sign that document! He is signing for someone else! He could leave here today and say he didn’t sign anything!

 

J: (Facetiously) I saw him sign it. That is good enough for me. Mr. Doe, will you promise to be here on January 30^th?

 

Doe: I do.

 

J: Gentlemen, have a good day.