Ok, thanks. Well... I guess it's premature to celebrate now then. Although I've noticed on Youtube and Facebook a lot of people are doing just that.Originally Posted by CPUd
“I have no doubt that it is a part of the destiny of the human race, in its gradual improvement, to leave off eating animals, as surely as the savage tribes have left off eating each other.”
― Henry David Thoreau
The judge today overturned the guilty verdict for Hovind on count 3:
There is no question the Government presented substantial evidence at trial from which a reasonable jury could have found that Hovind caused lis pendens to be filed on several of the properties identified in the Forfeiture Order. The question though is whether Hovind’s conduct – particularly, the filing of the lis pendens – was clearly prohibited by the Forfeiture Order.
The Forfeiture Order does not specifically prohibit Hovind from filing lis pendens against the forfeited properties; indeed, the Order does not prohibit any conduct at all. Instead, it simply forfeited the real property in partial substitution for the money forfeiture judgment. The Government has not cited any authority for the proposition that Hovind can be guilty of contempt for interfering with or evading an Order that did not speak directly to his conduct. Thus, the guilty verdict on Count Three cannot stand.
This means at the moment, he is not on the hook for any new charges, the sentencing hearing on June 12 will be cancelled, and could be released on parole in August. But it also increases the likelihood that the prosecutors will refile the charges they asked to have dropped today, and have the retrial in June or July. The only way they can not do this is if the judge granted the motion to dismiss with prejudice. That order should hit the record within the hour if not already.
Last edited by CPUd; 05-18-2015 at 06:52 PM.
Can I have a link, we're argueing with a hardcore government lickspittle at Lillies? site.
"The Patriarch"
I have a PDF:Can I have a link, we're argueing with a hardcore government lickspittle at Lillies? site.
http://pdfsr.com/pdf/197-hovindhansen2014-05182015.pdf
Thanks
"The Patriarch"
WOW! I want to celebrate, but at the same time... what you said about the likelihood that the prosecutors will refile the charges is troubling. What do you think?
We need to pray!!!
Man, that Tony guy is too much. I'm trying really hard to remain composed with him, but his pro-government and hateful biased replies are getting on my last nerve. hahaCan I have a link, we're argueing with a hardcore government lickspittle at Lillies? site.
Thank you for all your comments to him! I appreciate it!
“I have no doubt that it is a part of the destiny of the human race, in its gradual improvement, to leave off eating animals, as surely as the savage tribes have left off eating each other.”
― Henry David Thoreau
You can never sway somebody like him, all you can do is publicly show to any reasonably clear thinking person how wrong he is.WOW! I want to celebrate, but at the same time... what you said about the likelihood that the prosecutors will refile the charges is troubling. What do you think?
We need to pray!!!
Man, that Tony guy is too much. I'm trying really hard to remain composed with him, but his pro-government and hateful biased replies are getting on my last nerve. haha
Thank you for all your comments to him! I appreciate it!
"The Patriarch"
WOW! I want to celebrate, but at the same time... what you said about the likelihood that the prosecutors will refile the charges is troubling. What do you think?
We need to pray!!!
Man, that Tony guy is too much. I'm trying really hard to remain composed with him, but his pro-government and hateful biased replies are getting on my last nerve. haha
Thank you for all your comments to him! I appreciate it!
The reason the judge overturned the conviction is due to a technicality. The form that was given to the jury for instructions was a bit complicated, this is count 3:
If they would have checked the 2nd line instead of the first, the defense wouldn't have been able to use the argument that won the motion.
[QUOTE=CPUd;5873392]The reason the judge overturned the conviction is due to a technicality. The form that was given to the jury for instructions was a bit complicated, this is count 3:
Poetic justice at it's finest.
"The Patriarch"
Someone on Youtube just told me he is going home soon!!! I'm not sure what to believe!?
But I'm celebrating already!!!!
“I have no doubt that it is a part of the destiny of the human race, in its gradual improvement, to leave off eating animals, as surely as the savage tribes have left off eating each other.”
― Henry David Thoreau
He is serving a federal prison sentence, he has to get paroled first, that's a process that doesn't happen as quickly as it does on TV.Someone on Youtube just told me he is going home soon!!! I'm not sure what to believe!?
But I'm celebrating already!!!!
Somebody better buy "Tony" a drink, I think he's going to need one. Speaking of which, I need another post approved.Someone on Youtube just told me he is going home soon!!! I'm not sure what to believe!?
But I'm celebrating already!!!!
"The Patriarch"
Yeah, I read that earlier on this thread. Maybe the guy on Youtube who said he was going home soon was speaking very relatively with the word "soon."
And here's what another guy posted (I guess this was to an anti-Hovind person) "I promise brother, you're going to be disappointed. They're processing him out right now. "
Here's where that conversation is: https://www.youtube.com/watch?v=7vUt0irTX5o
“I have no doubt that it is a part of the destiny of the human race, in its gradual improvement, to leave off eating animals, as surely as the savage tribes have left off eating each other.”
― Henry David Thoreau
I can't wait to tell him.Somebody better buy "Tony" a drink, I think he's going to need one. Speaking of which, I need another post approved.
I just checked, there are no pending posts... how many minutes ago did you post?
“I have no doubt that it is a part of the destiny of the human race, in its gradual improvement, to leave off eating animals, as surely as the savage tribes have left off eating each other.”
― Henry David Thoreau
It says a hour ago.I can't wait to tell him.
I just checked, there are no pending posts... how many minutes ago did you post?
"The Patriarch"
He doesn't understand the whole situation. They will eventually turn him back over to federal custody, but we won't know about that until after it happens. It often happens in the dead of night on an unspecified date.Yeah, I read that earlier on this thread. Maybe the guy on Youtube who said he was going home soon was speaking very relatively with the word "soon."
And here's what another guy posted (I guess this was to an anti-Hovind person) "I promise brother, you're going to be disappointed. They're processing him out right now. "
Here's where that conversation is: https://www.youtube.com/watch?v=7vUt0irTX5o
What happened today did not affect his original sentence, these were additional charges they put on him while he was locked up. Count 3, I believe he is in the clear from now, since the judge entered an acquittal, he can't be tried for that one again. They could refile the indictment on the other charges, but seeing as how the prosecutors just got owned by a public defender, they may be considering cutting their losses here.
If that happens, it will help at his parole hearing, because getting a conviction on another charge while locked up makes it difficult to get parole. He still has to have that hearing, I believe in August. It could be a few weeks after that before he finds out if he gets parole, and when the release date will be. But for someone who's been in there 8-10 years whatever, 3-5 months is like being practically out the gate.
There might be a link that says "show new posts" or something like that. Right now there are no pending posts.
I don't even want to post to that guy, after his last reply to me. He's just being a colossal jerk and troll at this point.
But he does need to hear the latest news.
For some reason, I'm hesitant to tell him yet, because it still seems too good to be true! And it's still unclear as to when (roughly) Hovind will be going home.
“I have no doubt that it is a part of the destiny of the human race, in its gradual improvement, to leave off eating animals, as surely as the savage tribes have left off eating each other.”
― Henry David Thoreau
Ya, best to wait to make sure.There might be a link that says "show new posts" or something like that. Right now there are no pending posts.
I don't even want to post to that guy, after his last reply to me. He's just being a colossal jerk and troll at this point.
But he does need to hear the latest news.
For some reason, I'm hesitant to tell him yet, because it still seems too good to be true! And it's still unclear as to when (roughly) Hovind will be going home.
"The Patriarch"
Lol, Tony is bombed, check out your blog....
"The Patriarch"
Public defender? I thought I read that the United States Justice Foundation had stepped in to take his case. Were they not working with a local attorney in Pensacola?
There is no fear in love, but perfect love casts out fear. For fear has to do with punishment, and whoever fears has not been perfected in love.
(1 John 4:18)
Thanks for all the info.
Sorry for the ignorant question (I haven't been following this case as closely as others have) but can you explain what charge(s) he is currently still doing time for?
I'm talking to an extreme Hovind-hater on my blog, and he is convinced that Hovind is a criminal, and that none of the charges were bogus.
Before I reply to him, I want to make sure I'm getting all the facts correct.
thanks again!
“I have no doubt that it is a part of the destiny of the human race, in its gradual improvement, to leave off eating animals, as surely as the savage tribes have left off eating each other.”
― Henry David Thoreau
Indictment:
http://pdfsr.com/pdf/002-hovind2006-07112006.pdf
Sentence (60 + 60 months, 36 months concurrent = 120 months):
http://pdfsr.com/pdf/149-hovind2006-01192007.pdf
https://www.law.cornell.edu/uscode/text/31/5324 (57 counts)
https://www.law.cornell.edu/uscode/text/26/7212 (1 count)
Last edited by CPUd; 05-18-2015 at 09:14 PM.
I don't know how involved they were beyond knowing they did some research on the case. The Federal PD Thomas S. Keith is the attorney of record for Hovind. Paul Hansen is pro se, but he has standby counsel.
Contempt of Court Dropped . Praise God.
Hovind is supposed to be released to home confinement today. He is currently in the Yazoo MS federal prison. Haven't seen yet the conditions of his home confinement, but probably GPS monitoring and random checkins by phone or in person.
https://www.facebook.com/events/1666542516908311/
Saturday, July 11
at 12:00pm - 8:00pm in CDT
3 days from now · 34°C / 23°C Clear
Show Map
29 Cummings Rd, Pensacola, FL
The Hovind Family would like to celebrate the homecoming of Kent Hovind with you. He will be released from federal prison on July 8th! We invite you to celebrate with us on Saturday, July 11th. The family will open up the Creation Today ministry home at 29 Cummings Road, Pensacola, from 12 noon till 8:00 pm that day for friends and visitors to drop in and say hello. In order to help us plan some light snacks for this celebration, we request that you R.S.V.P. so that we can adequately prepare.
Because Dr. Hovind has been away from his family for nearly nine years, we request that individuals wishing to visit with him further give him a few weeks to love on his family. More details regarding his availability and contact information will be posted in the near future.
Please see www.kenthovindblog.com over the next few weeks for updated information.
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