NamelessFaceless wrote:

DarthHelmet86 wrote:Seems the jury didn't buy that mailing the dodgy forms in was mail fraud because he might have thought doing so was legal. But at the same time thought that putting the dodgy legal status stuff on his properties was contempt of the court order. The article goes on to say that the people supporting him are praying that the judge will look over the whole case and throw out the guilty verdict, something he apparently can do. I wonder if the judge can look over the whole case and throw out the not guilty verdict.

The judge is actually a 'she' and I think there have been cases where the judge overrode the jury's not-guilty verdict. It's not looked upon kindly, though.

Thank you for the correction, I have altered my post to the correct gender. I did try and be gender neutral but one slipped by me.

I can understand not looking kindly on the judge for over riding a not guilty but I would also say that if you don't look kindly on that you shouldn't look kindly on them over riding the guilty to not guilty. I suspect those praying for the change to not guilty would freak out if it went the other way and not praise god for doing his will.

I'm sure they would find a way to make it "all part of god's plan."

Off the top of my head, though, I can think of a local case where a judge set aside a jury's guilty verdict and made it not guilty. It was the case of two young boys - Derek and Alex King - who killed their father. They were charged with first-degree murder but the jury found them guilty of second-degree murder, but the judge set aside even that verdict and they ended up just spending a few years in a juvenile facility. Sad case all around. That was a state case, though, not federal.

I can also think of a local federal case similar to this Hovind case, where the jury found the defendant guilty on some, but not all, the charges and the judge sentenced him as if he had been convicted him on all the charges. And that's apparently legal, as fucked up as it sounds.

I suspect they would go the persecution route and say the ebul guberment is persecuting. We will have to wait and see how this turns out sentence wise.

How long does he have left on the first sentence that put him in jail? Would getting off these charges actually get him out of jail?

DarthHelmet86 wrote:I suspect they would go the persecution route and say the ebul guberment is persecuting. We will have to wait and see how this turns out sentence wise.

How long does he have left on the first sentence that put him in jail? Would getting off these charges actually get him out of jail?

Oh, they're already going the persecution route. You should see some of his supporters hanging around here.

And yes, he was supposed to be released soon. This spring, if I'm not mistaken.

A Judge in the US cannot overrule a criminal jury finding of "Not Guilty" and change it to "Guilty."

He/She can, however, overturn a "Guilty" verdict, under the principal of Judgement Notwithstanding The Verdict - a protection against out-of-control juries.

http://en.wikipedia.org/wiki/Judgment_n ... ng_verdict

Weaver wrote:A Judge in the US cannot overrule a criminal jury finding of "Not Guilty" and change it to "Guilty."

He/She can, however, overturn a "Guilty" verdict, under the principal of Judgement Notwithstanding The Verdict - a protection against out-of-control juries.

http://en.wikipedia.org/wiki/Judgment_n ... ng_verdict

Yeah jumping back to Kent's best hope (and possibly why he got such a lenient sentence) Jury nullification. Seriously how can you think property taken from you by the court as as result of tax fraud was stolen illegally. I'm left thinking the Jury ether thought Mr. Dino was mad or didn't care that he knowingly filed in bad faith an illegal document.

Weaver wrote:A Judge in the US cannot overrule a criminal jury finding of "Not Guilty" and change it to "Guilty."

Technically no, but they have been known to sentence defendants in similar cases as if they had been found guilty on all the charges:

http://whitecollarblog.mmwr.com/2014/10 ... /#more-521

A defendant exercises his constitutional right to a jury trial and is proven guilty by a jury of his peers. The jury, confronted with multiple charges against the defendant, weighs the evidence and acquits on all counts, save one for which they find him guilty beyond a reasonable doubt. The judge at sentencing nonetheless sentences the defendant based not just on the one guilty count, but on the acquitted conduct, finding “by a preponderance of the evidence” that although the jury acquitted the defendant of those crimes, he, in fact, committed them and therefore should be sentenced to a much higher sentence as a result (although below the statutory maximum for the offense).

This case was appealed to the US Supreme Court, but it refused to hear it and allowed the sentence to stand.

Looks like all the praying Kent and his buddies did may have worked. Government's looking at dropping some of the charges:

http://www.pnj.com/story/news/crime/201 ... /27538727/

The fraud charges against an embattled local evangelist are likely to be dismissed at the request of government attorneys, according to court records.

I think the sister of an ex girlfriend of mine is part of the protesters.
She is a big fan of Hovind.
Not the worst belief she has.

A friend of mine is part of a group pushing for Hovind's conviction. She has gotten some... Choice messages from his fans.

I bet your ex's sister is happy with this latest update. The charges have been dismissed for now:

http://www.pnj.com/story/news/crime/201 ... /27591891/

It seems - for the moment at least - that "Hovindication" has come to pass.

In a pair of court orders issued Monday night, Pensacola evangelist Kent Hovind was granted a motion for judgment of acquittal in connection with a March contempt conviction, as well as had three counts of mail fraud and associated conspiracy charges dismissed.

The orders, signed by Chief Judge M. Casey Rodgers, indicated that the grounds for the dismissals and the pending acquittal were primarily based around the language of the charges against Hovind.

No doubt. I haven't kept in touch.

NamelessFaceless wrote:Poor Kent. When will he realize Gawd hates tax cheats? He was just about to reach the end of his ten year sentence when he was indicted again ...

And that's different than being born again, right?

A. Born Again Christian. Good.
B. Indicted Again Christian. Bad.

If that breakdown is erroneous, please offer the appropriate correction ... OK?

Er . . . welcome to the board?

Looks like this guy is out of jail and up to no good again.