America’s Judicial System Lies In Rot
We Need To Hear Directly From The Grand Jurors
When something stinks, it is usually rotten. And, the stench emanating from the indictment, trial and conviction of Dick Simkanin is more than We The People can stomach.
We recall a few examples of the decay of the system from previous articles posted in this column:
2, In June 2003, Judge McBryde imprisoned Dick Simkanin (in isolation) based on unsubstantiated, hearsay information from an IRS agent who said he received information from an “informant” that Simkanin was a threat to society. Note: The “informant” was a disbarred attorney who was apparently under pressure from the IRS for lying on his tax returns. The “informant” never appeared in court and never submitted a sworn affidavit. On the other hand, Judge McBryde did have direct, sworn testimony from two other people - evidence that contradicted the IRS’ hearsay evidence. However, ignoring the direct evidence, McBryde imprisoned Simkanin based on the IRS’ hearsay evidence. Simkanin was denied his Constitutional Right to confront the witnesses and evidence against him. He then had to prepare for his trial and try to keep his business running while caged in a federal prison cell.
The Perversion and Decay of Justice Continues Unabated
Pursuant to the United States Constitution, Dick Simkanin is guaranteed a
speedy and public trial. The transcript of his trial is a matter of public
record. NEVER is the transcript of a public trial sealed, without
just cause. NEVER is the selection of the jury done in secret,
without just cause. NEVER is the jury bused to the courthouse, without
just cause. NEVER is the jury instructed, after they have rendered
their verdict, not to identify themselves and not to identify the names of
another juror, without just cause.
Given these facts, we have reason to believe the “tag team” of Judge McBryde and the Department of Justice have something to hide. We believe it is important for the People to understand what that is. We believe we know what it is.
We believe the government placed one or more people on the grand jury and the trial jury to influence the other jurors to indict and convict Dick Simkanin. This is “jury tampering.” It’s off limits, to the government and everyone else. Stacking the Jury and otherwise tampering with the Jury is strictly prohibited. It is a federal crime.
Given the importance the government has obviously placed on limiting the freedom of the People to control their own labor and to accumulate private wealth, and the concurrent importance the government places on perpetuating corporate withholding and reporting, there could no other reason for wanting to seal those parts of the trial transcript and to keep the identity of the jurors a secret, but to cover up its illegal actions to control the jury process.
I of the transcript contains the jury selection process, a process which,
without just cause, the press and the public were kept from witnessing (It
was conducted behind locked doors at the Courthouse). Volume 1 also
includes Simkanin’s arraignment for the 2nd superseding
indictment, which was issued by the Grand Jury on December 17th,
2003, following a meeting between Jarvis and the Grand Jury during which
Jarvis once again persuaded the Grand Jury not to hear from Simkanin.
McBryde’s Order sealing certain sections of the transcript.
Note the lack of any references to the arraignment or pre-trial motions.
Volume 1 of the trial transcript also contains Judge McBryde’s highly prejudicial and sanctionable remarks in open court regarding several pre-trial motions that had been properly and timely filed by Simkanin’s attorney, Arch McColl. In a courtroom packed with of witnesses, Judge McBryde informed McColl, on the record, “I have your motions before me. I have not read them. They are denied.” The disgustingly arrogant remarks by Judge McBryde, the unlawful arraignment of Simkanin under the 2nd superceding indictment, and the secret jury voire dire (selection process), all remain sealed under the order of Judge McBryde.
Volume 5 of the transcript contains McBryde’s comments to the jury AFTER the conclusion of the trial, that is, after the jury rendered its verdict. Before these comments were made, McBryde ordered the federal Marshall to clear the courtroom. In his non-public (but recorded) comments to the jury, McBryde issued questionable orders to the jurors to not disclose or reveal the names of their fellow jurors to anyone, and he issued to the jurors a not-so-subtle threat if they fail to follow his orders. Here is the excerpt from the previously sealed portion from Volume 5 of the Simkanin transcript:
16 And I've instructed
the lawyers and the defendant who, of
Judge McBryde initially ordered Volumes 1 and 5 of the transcript to be
sealed (i.e., not made public along with Volumes 2-4), did he honestly
believe that Dick Simkanin and his supporters were going to roll over and
not appeal this horribly unjust conviction?
Last week, in response to Simkanin’s motion to unseal the transcript, Judge McBryde added further insult to the injury that he has caused, by ordering that only certain parts of the sealed Volumes 1 and 5 could be given to defense attorney McColl, and that McColl could not let ANYONE else see the transcript, except Simkanin, and that Simkanin could only view the transcript in the presence of McColl. In other words, Simkanin is not allowed to take a copy back to his prison cell to study. Dick Simkanin must pay an attorney, by the hour, to sit on the other side of a screen partition while he, Simkanin, studies his “public” trial transcript.
Just days ago, McBryde
finally ordered that Volume 5 of the transcript be released (under the
conditions discussed above). However, he has refused to unseal the portions
of Volume 1 that contain the arraignment proceedings, the jury selection
process and courtroom testimony concerning pre-trial motions, that is, those
sections of the transcript that are fraught with judicial error and
Truth and Justice were denied in Judge John McBryde’s courtroom. It is now abundantly clear that McBryde, and the Assistant U.S. Attorney, David Jarvis will stop at nothing to hide the truth behind a black robe of deceit and injustice. In violation of the separate powers doctrine McBryde and the Department of Justice (all the way to the top), have obviously been cooperating in a collective decision to deny Simkanin his Rights. To them, the ends justify the means.
The Simkanin tragedy is but the latest evidence of the failure of the judicial branch of the government to uphold judicial doctrines, authoritative case law, the principles of United States law, and the United States Constitution when ruling in matters where the Internal Revenue Service and the Internal Revenue Code are involved.
We now have overwhelming evidence that the Grand Jury in the Simkanin case was manipulated by the prosecuting attorney, and that the Trial Jury was intentionally misled and unlawfully instructed by a federal judge, all in a desperate effort by the IRS and Department of Justice to indict and convict an innocent man -- an honest and honorable man who followed the law and had the rare courage to stand for the truth.
It is now certain that Judge McBryde and David Jarvis, the prosecuting attorney for the United States, conspired to convict Mr. Simkanin by refusing to give the Trial Jury the chance to review the law and the facts that would have proven conclusively that Mr. Simkanin was innocent.
America’s system of justice, every man has the Right to defend himself and
to present witnesses and evidence in support of his defense theories,
no matter how irrational.
It’s now clear. Unlike the 2001 and 2002 Grand Jury proceedings when Simkanin’s requests to testify were granted and he had the opportunity to present his defense and his supporting evidence, Simkanin’s request to appear before the 2003 Grand Jury was denied. Why? U.S. Assistant Attorney Jarvis was obviously ordered to persuade the members of the Grand Jury not to allow Simkanin to appear. Obviously, one or more members of the Jury were easily persuaded by Jarvis and they were successful in persuading the other members not to honor Simkanin’s request (if, in fact, they were even told that Simkanin had submitted a request to testify before the 2003 Grand Jury).
During the trial, McBryde and Jarvis, obviously performing together as a tag team that was out to defeat the law, prevented Simkanin’s attorney from defending Simkanin. They would not allow the jury to hear any reference to the Constitution and the law that Simkanin had studied and relied on.
Over and over, Jarvis would object to any mention of the law and McBryde would sustain the objection. Whenever Simkanin’s attorney attempted to bring the Constitution or the details of the law into the record, over and over again McBryde would say, “We’re not going there, I’ll decide what the law is – let’s move on to a new subject.”
In the end, the only section of the law the jury was allowed to examine was what was written on the actual indictment. Incredibly, the indictment never specified any specific legal statute that Simkanin had actually violated – it only cited the “penalty” statutes, the willful failure to withhold and willful failure to file statutes that generally apply to any number of internal revenue taxes (excise, duties, etc.). Those penalty statutes say in effect, “IF ONE IS REQUIRED…,” to withhold a tax or file and one does not do so, it is a crime. Again, NO specific crimes were cited on the indictment, only the “penalty” statutes.” McBryde and the Department of Justice managed to persuade the Grand Jury and the Trial Jury to indict and convict Dick Simkanin for violating nothing more than a penalty statute.
Dick Simkanin was prosecuted and convicted by an “indictment” that failed to specify any law that had been violated. Not only did Judge McBryde dismiss or rule against all the Defense motions requesting such specification of the alleged crimes, but during the trial, (and the transcripts clearly bear this out), the government witnesses themselves NEVER, under oath or otherwise, specifically accused Dick Simkanin of violating any specific federal law.
Even when the jury asked Judge McBryde for the section of the law that required Simkanin to withhold, McBryde merely recited the penalty statute, “IF ONE IS REQUIRED to withhold….”Note: the transcript also shows that even though McBryde told the jury he was quoting the exact language of the law he, in fact, misquoted the statute. We believe he did so deliberately. See the link below for excerpts and analysis of the transcript.
The jury sent another note (Juror note #4) to McBryde, asking, in effect, “Since no proof has been presented to us of a law that required Simkanin to withhold, do we have to wade through all 7,000 pages of the Internal Revenue Code to find it?“
McBryde, still refusing to let the jury know what law Simkanin violated, simply instructed the jury, “The court has determined the legal fact that Dick Simkanin is required by law to withhold. Do not concern yourself with this.”
This grossly improper statement by McBryde, essentially directed the jury to find Simkanin guilty. It completely removed from the jury members their Right to see the evidence the government was relying on to convict Simkanin. McBryde directed a guilty verdict by specifically telling the jury they could not possibly have a reasonable doubt about Simkanin’s innocence and they were not capable of judging the law and the facts.
In short, McBryde, working in close coordination with the Department of Justice, severely restricted Simkanin’s Right to defend himself, to present evidence and witnesses that would have certainly been the source of substantial reasonable doubt. Dick Simkanin was not allowed to enter a single piece of documentary evidence in the trial.
The transcript documents the extent of the abuse. It reveals some of the methods employed by the Judge and DOJ to control the outcome of the trial, to manipulate the jury and to insure the conviction of Dick Simkanin. To substantiate these claims, we have selected a number of excerpts from the trial transcripts (that have finally been unsealed.) Appropriate commentary is provided.
The full transcript, all the pleadings by both sides and all the orders by McBryde can also be found at that link. What this record shows is that from the beginning of their hunt for Dick Simkanin, neither Judge McBryde nor the Department of Justice had any interest in searching for truth or justice. Instead, the record reveals an ungodly attempt to conceal the truth – the truth about Simkanin’s good-faith effort to understand what the tax law actually required and his good-faith effort to get the government to answer his legitimate questions about the obvious conflict between what the tax law required and what the IRS was requiring from companies and individuals.
An innocent man has been in prison for eight months because of the government’s false allegations and flagrant judicial and prosecutorial misconduct.
The courts of America belong to the People, not overzealous government prosecutors and dishonest judges. Our Grand Juries and Trial Juries must be protected from this type of manipulation and unlawful interference if we hope to live in a free country and reclaim Constitutional Order for our Republic.
is no more important task currently facing the We The People organization
than freeing Dick Simkanin and exposing the tyranny and corruption of the
judiciary and DOJ officials that wrongfully prosecuted and convicted him.
The Jurors Hold the Keys to the Truth
We need to get to the Truth.
We need to talk to the jurors.
the weight of the evidence of unlawful jury tampering by the government,
we believe it is now necessary to do what NBC and other major news
organizations often do following a verdict in an important trial – assemble
as many willing jurors as possible for a recorded, public discussion with a
journalist who attended the trial, to discuss the factors that influenced
those jurors to vote the way they did.
With that in mind, we intend to run advertisements in the Fort Worth newspaper and on the local radio, requesting the jurors in the Simkanin matter to participate in such a discussion. Click here to view a draft of the ad we intend to use.
The full-page ad will cost approximately $15,000 to run in the Fort Worth Star Telegram. Everyone is encouraged, no urged, to donate to help the Foundation pay for the cost of the ad. We would like to run more than one if possible and to run radio spots in the area as well.
We also need volunteers to travel to Fort Worth to help post flyers all over Fort Worth. (The flyers will track the newspaper ads and will be released soon.)
The People Congress state coordinator for Texas, Hank Goltz will coordinate
these local tasks. Keep up to date and get contact information for Hank by
visiting the state of
WTP Congress home page.
Click here to access selected excerpts from the trial transcript and read the analysis.
Click here to
access audio archives of two
45-minute Kansas City radio shows that succinctly expose
Click here to access ALL the court documents and orders filed in the Simkanin case
We urge everyone
to directly write Simkanin and convey your support...