This is a sad day for liberty minded individuals.
A friend sent me this:
Just a note to thank you for enlightening me to the "BEAST" that lives among us. I'm truly sorry for us all! Words can't express how heavy my heart feels as I'm sure yours does also.
I’m sure this pain is felt across the country.
This loss would be far easier to accept if they had proven Larken wrong, but that isn’t the case. Oh, I’m sure the government will proudly proclaim they have proven Larken’s 861 arguments wrong, but we all know that just isn’t the case and the transcripts will bear that out.
Most troubling is the governments ability to prevail without presenting any substance.
To win, they had prove 3 elements
1. That Larken had a requirement to file.
2. That Larken did not file.
3. That he did so willfully.
Due to the court imposed restrictions, convoluted rules of evidence and repeated objections from the government’s attorneys, Larken was never really able to address the requirement to file issue.
He wasn’t able to enter his taxable income report into evidence, nor his “Theft By Deception” video. He was also denied the opportunity to walk the jury through his research findings and his conclusions of law. Thus, Larken was never truly able to effectively present the 861 evidence. As a result, the government was able to avoid those six pesky questions once again.
This failure of the government to provide answers only serves to exacerbate the problem for those that understand the argument.
In the end, the judge explained the law according to HIS interpretation. As I recall, he told the Jury that Larken was mistaken and that his income was indeed taxable. And the jury was reminded that they are to accept the law without question as dictated by the judge.
When will we ever be rid of this erroneous notion that only judges can understand and explain the law? After all, if they were any good at it, we wouldn’t need appeals courts dedicated to fixing their mistakes.
The second element that he “did not file” was stipulated by Larken.
The third element involved willfulness. I believe the governments case toward this element was extremely weak, and I have no idea how this jury came up with their conclusions and verdict relating to willfulness. I only attended Friday’s hearing, so I can not comment to the entire week, but I can say it was clear from Larken’s closing arguments and supporting evidence that he was knowledgeable about the applicable laws and passionate in his beliefs. I watched the jury closely during the closing arguments and I held hopes that at least some of them would see through the trial’s façade and that they would raise questions during jury deliberations. That wasn’t the case.
Given the speed of this verdict, we can only conclude that these people didn’t review a single page of evidence. The only logical conclusion that can be drawn is that these folks wanted a quick verdict so that they could end their week long obligation to the court.
In the final analysis, this jury was pathetic. Some of them were far more concern about their preparations for tonight’s date, then they were for the freedom of this man they saw before them.
We all know hind sight is 20/20. In the final analysis, jury selection was a large factor in this loss. I think Larken was confident that he would win with any jury of twelve, and that may have been true if he was able to introduce the evidence he needed. However, that wasn’t the case. The limits imposed upon him required a thinking jury which he clearly did not have. As noted in Sherry Jackson audio message from 8/12/05 at 5:48 pm, some of these jurors apparently had more concern for their dating plans for Friday night then they had for the man they convicted minutes earlier. This jury had no idea as to the ramifications of their decisions. Some of them probably don’t even read newspapers.
More time spent screening jurors might have brought us to a different outcome, but it is too late now and we’ll never really know.
Most troubling is that the realization that government can win a conviction by simply insulting a defendant in front of twelve citizens. From what I gather, that was the governments tactic in this case. If you can portray him as an anarchist and point to any emails or letters wherein the defendant expressed dissatisfaction with the government, you can persuade a dumbed down American jury to convict him. There is no need for evidence.
I’m deeply disturbed by the assertions of the government’s attorneys and the judge that only the judge can interpret the law. That is complete hogwash, and we must somehow bring an end to this mentality. As citizens, we are all responsible for complying with the law. Yet, according to them, we can’t possibly comprehend it. Yet they will convict us for failing to comply with their cryptic law that only they can comprehend. What an insult to our intelligence. What has this nation come to?
The government has plenty of revenue streams it can tax to fund its constitutional operations. Apparently, they aren’t content with that. Instead, they contrive an income tax permitting them to probe into everybody’s business. How sad.
Now, the question is where do we go from here.
First, I would appeal to Larken to consider the judges advice. The judge suggested that if Larken submit returns for the years in question and negotiate payments for what is owed, he would take all of that into consideration at the sentencing hearing. Contrarily, he also stated he would take the absence of such an agreement into consideration as well.
I believe Larken can be of far more value to his family and the tax honesty movement on the outside. I for one won’t think any less of him if he took whatever steps were necessary to reduce his sentence. I hope he realizes that. Using his bat analogy, it may be time to give them five as an answer.
Whatever he and Tessa decide they deserve our support.
We need to find a peaceful solution to the problems confronting this nation. We need Larken on the outside working to help us achieve that solution.
I would also remind everyone that there are more trials ahead.
Tessa Rose is rescheduled.
Arthur Farnsworth 8/29/05 in Philadelphia
We need to remain vigilant.
We'll post more as time permits.