Outcome of Bob and Ed Sentencing....
April 22, 2004 at 12:58:12
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Well I know many of you are dying to hear what the outcome of Bob and Ed's sentencing was yesterday at Fort Hood, TX.
After being found guilty of "Intent Of" for both Bob and Ed last month in their jury trial, yesterday was their sentencing by the same judge and prosecutor, as well as both Bob and Ed's court-appointed attorneys.
Many folks had written character references for both Bob and Ed and sent them to the judge in this case. Since both had no criminal background and this was their first federal offense, the judge gave both Bob and Ed one year managed probated sentences (have to let their probation officer know if they are leaving their district for any reason, job or otherwise). No Fine for either of the guys, a $63.75 charge for a small portion (approx. 10 feet ) of the new pipe fence and gate put up by the Corps that was attempting to charge them $566.00 for. Judge saw it as not damage to property or to repair property, so he only charge them the cost of the pipe fence by the foot the width of their truck they used to cross the Corps park boundary. The $63.75 is to be split by Bob and Ed and there is a $25.00 access court fee for each of them. However, the judge did rule to keep all equipment that was used on the suspected site (detectors, diggers, boat, hooka, dive equipment and misc.), but Ed's truck is in question. The judge feels the truck was parked legally and not anywhere near the site in question. The judge feels the truck should go back to Ed, but is allowing the prosecutor to present pass record of cases that did in fact keep the truck. I am forwarding to Ed's attorney, past cases of ARPA violations where the trucks were not kept, but would of been considered by all as a hardship and not part of the crime. We are sure enlight of these cases, the judge will return Ed's truck to him.
To be honest, the judge tore up the prosecutor several times yesterday for not having evidence to support her accusations and seizures of properties. Also on the point system used by the probation courts, the judge ask the prosecutor how in the world could she claim an added two points to these gentlemen's point count when she had no proof as to whether they had been to the location and found artifacts in the past. The judge ask her, "Do you have any evidence at all that supports your claim that both Mr. Sullivan and Mr. Brown have in fact dug artifacts from this very location in the past?" Her answer was "No, your honor." The judge ask, " then how can you stand there and ask me to accept your claims without any evidence?"
With this and Bob and Ed both for the first time getting to say their peace before the judge, I believe the judge was convinced that both our guys honestly did not know they were breaking any laws. Of course with no fine, very little probation and the small amount of restitution, the prosecutor left the courtroom afterwards with her tail between her legs.
It surely felt good to see our guys smiling again. Now it is time for their APPEAL. They will appeal the keeping of their equipment, being charges with a crime and any precedent this case might set in the future. They will have to appeal their case in New Orleans before three appealic judges. It will cost approx. $10,000 to make this appeal. We are now working on a attorney to at least file a "motion of appeal", then we will be looking to find the attorney Bob and Ed wants to defend them in court and he will have to file "Cause for an Appeal" to the court. After this we will have some time to work on the appeal with the attorney and prepare the case for Bob and Ed. They are allowed 10 days to file a "Motion of Appeal" after their sentencing. They will hire a different attorney to represent them in this Appeal. Ed's 10 days have not started yet because of the pending decision on his truck, it will be next week when that is answered. Bob's 10 days started yesterday.
Bob and Ed need your help and support. Please if you can, send them whatever you can to help them with this cost. Mail your help to:
David Glover
1207 San Juan Lane
White Oak, Texas 75693
Trust me, Bob and Ed dearly thank each of you for any and all support, they may not of known you until now, but they will never forget you. PLEASE help if you can......
Thanks so much! Keith Wills
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