Tessa Rose Trial, Day 2, Tuesday,November 8, 2005

HI from Philadelphia,

The correct spelling of Tessa's lead attorney's name is Ellen Brotman. We noticed that Tessa, Ms Brotman and the co-counsel are red heads(just a coincidence I'm sure). Also, there is a consensus of us that Ms Brotman is doing an excellent job. Her manner brought to mind Columbo and I am not sure if this is truly her personality or method acting. She handles herself in a powerful way with being nice, polite, clever, innocent and yet stands her ground with both the judge and Ms. Davis and Mr. Miller.

Their daughter is 8 years old instead of 6 as I said yesterday. Tessa is staying in town each night to make sure she is on time. There has been a strike affecting transportation here. Larken goes home to be with their daughter. Peter McCandless, Associate professor in mathmatics from Missouri, came in last night for the trial. There were two others there all day and some witnesses and their spouses were able to stay so we had a few more there today.

We began at 9 AM with an exchange without the jury present. One of the jurors was late, so the attorneys and the judge were discussing admissibility of evidence along with other things. Judge Baylson said that just because Tessa signed a power of attorney, it doesn't lessen the governments burden of proof. That it was the governments burden that Mrs. Rose acted intentionally and willfully.

At 9:30 AM the jury was brought in and continued with Ms. Spaulding's testimony. It was a repeat of yesterday and Larken's when she was a witness then.

The next witness was Beth Morey a typist for Tessa. Her testimony was about receiving a 1099 in 1997 and then the following years did not receive that, but cross examining brought out she was given the same totals, year-to-date on a different form.

Next was Charlie Judge, IRS Revenue Agent Manager with them 32 years. He is the agent, who testified in Larken's trial, that Larken invited he and his wife to dinner to discuss his findings on the 861 issue. He went to his boss and they decided it might be an attempt at bribing him so they had him wear a wire and record the evening conversation. Again a repeat from Larken's trial.

Next witness was Melvin A. Smith, CPA. He was Tessa's Father's accountant who handled his returns and a trust that was set up for the family. Her Father had a heart attack in 1992 and he became a quadriplegic after a faulty medical procedure. He had talked to Tessa about filing taxes.

Next, CID Agent Pearlman who also testified at Larken's trial. Again a repeat.

Next Cole Hankins, a mason, who dated Tessa when they were 15 years old. He had not seen her in years and went online to a classmate ad and wrote Tessa. She wrote back once(letter came from their confiscated computer) and told him about Larken and their dealings with the IRS. Didn't seem to make sense to bring this in.

The government rests it's case.

Ms. Brotman asked the judge for Rule 29. It was discussed for 20 minutes, but he was not willing to decide.

The first defense witness was Landers Kain Symmestvedt, occupation home inspector. He and his wife have been friends of Tessa and Larken for 7 or 8 years. He is a member of the same church as Tessa and it is called a Swedenborg church. I had never heard of it before so cannot comment on it. He was asked if he thought her to be greedy. He knew her to be honest, not greedy living in a modest home with modest furnishings.

Second witness was Mrs. Fazio a Medical transcriber and Tessa's oldest friend. Their friendship began at age 5 and they went through the first 12 years of school together. They were apart during college, but their friendship was rekindled when they married and had children. When asked about Tessa's character she said she had nothing but admiration for her integrity and honesty. That Tessa was impeccably honest.

Next witness was Allen Joseph David, Tessa's brother. She is his oldest sister. He is a maintenance man for a Swedenborg church. He told of their Father's situation and the 24/7 care required and shared by the children. He said Tessa was quite honest and not a greed motivated person.

On cross he was asked if he was here to help his sister and of course he said yes. On redirect Ms Brotman asked him, would you lie under oath for your sister? Of course he said no.

The defense had no more witnesses that were present so the judge pressed for a decision whether Tessa would testify and we were given a ten minute break for that decision. When they came back in it was decided against her testifying so the judge let the jury go home early, 3:45 PM. Tomorrow there will be two more defense witnesses, then closing arguments and probably go to the jury in the afternoon.

The next 45 minutes were spent discussing the judge's charges that will be given to the jury.

The jury is more mature than Larken had and seem to be paying close attention.

We all, including Larken's parents are amazed at how well Tessa is holding up to all this. I think all of your prayers are helping her, so please keep it up.

Until tomorrow.

Ken