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Jury Acquits "Whitey" Harrell

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  • robalini@aol.com
    Please send as far and wide as possible. Thanks, Robert Sterling Editor, The Konformist http://www.konformist.com
    Message 1 of 1 , Aug 14, 2000
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      Please send as far and wide as possible.


      Robert Sterling
      Editor, The Konformist

      Jury acquits "Whitey" Harrell


      Dear Friends,

      I thought you might enjoy reading about a brave man who took on the income
      tax fraud head on and was victorious. Many thanks to the Illinois jury who
      realized that something was not right. You may also want to visit
      http://www.givemeliberty.org for developments on our discussions with the
      executive and legislative branches of the federal government regarding the
      administration of the federal income tax.

      Thank you,
      Joe Banister

      Freedom Above Fortune Education Institute

      - - - - - - - - - - - - - - - - - - - - - - - - -

      Logan County Jury Acquits Harrell


      Lincoln - Gaylon "Whitey" Harrell of rural Latham was acquitted by a 12
      person jury of the 4 count criminal felony charges of willful failure to file
      an Illinois State Income Tax form. The actual trial began on Wednesday May
      24th in the Logan County Circuit Court room, presided over by Senior Judge
      David "Slick" Coogan ("Slick is how the judge identifies himself) and closed
      on Friday after four hours of deliberation when the jury returned with four
      consecutive "not guilty" verdicts.

      "We were in a heated debate" reported one unnamed juror, "but when the court
      refused, after our specific written request, to furnish us copies of the
      actual statutes, (that imposed the obligation on the defendant,) it didn't
      take long for all of us to see that something was wrong with the State's case.

      "That was not all the court refused to let the jury see," added Jerry
      Barringer, Harrell's attorney. "The court, at the request of the Illinois
      State's attorney, denied the jury access to evidence that already had been
      introduced and accepted." "Astoundingly, even the Bill of Indictment was
      denied to the jury." chimed in Barringer's legal assistant Lindsey Springer,
      "Also denied were jury instructions sanctioned by the Supreme Court and even
      a VCR recorder to play the video tape that Whitey had made of his meeting
      with the CID agent."

      "I've seen a lot of tyranny in the courts, but never anything so blatant as
      what I saw here over the last two days," added Bob Minark, an Indiana friend
      of Harrell's.

      The 4 criminal felony charges had been brought against Harrell in 1997 and
      just came to trial this past week. Harrell had submitted numerous motions in
      a case that saw both assigned judges and assigned state's attorneys resign or
      recuse themselves. All Harrell's motions were denied.

      The case started back in early 1997 when Harrell was approached by Illinois
      Dept. of Revenue Criminal Investigation Division (CID) agent Robert Craner,
      who asked him for an interview. The testimony was that Harrel refused until
      he had witnesses present and a video camera set up at the local library where
      he later video taped a 45 minute meeting with Craner. On the video, which was
      shown to the jury at the trial, Harrel specificlly pointed out that he could
      find no section of the Illinois statutes that obligated him to file an
      Illinois income tax return. He presented Craner with numerous documents which
      he identified as outlines of statutes and regulations and "administrative
      code" which he said he searched to no avail in finding any obligation that
      would apply to him. Craner accepted the documents. The tape showed that
      Craner promised Harrell at least five different times, to produce the
      statutes that made Harrell liable and get answers to Harrell's questions.

      The testimony later showed that Craner didn't do that and instead went back
      to the Grand Jury to testify that Harrell was a resident of Logan County who
      failed to file Illinois state income tax forms. Unbeknownst to Harrel, at the
      time of the interview, Craner was also acting as a Grand Jury investigator.
      "He never told me," said Harrell, "He never read me a Miranda warning. He
      just promised to get me the information, but instead went back to the Grand
      Jury to get an Indictment." Grand Jury Transcripts show that Craner testified
      that Harrel, at the library meeting, had nothing to offer in his defense of
      why he didn't file a tax return, but the video tape brought Craner's
      credibility into serious question.

      Harrell testified in his own defense and verified his many efforts to obtain
      the law that made him liable for the income tax or how his activity was
      privledged. The prosecution brought out on cross examination that Harrell had
      filed many law suits in the past and that those suits were dismissed in both
      the state and federal courts. In an attempt to prove knowledge, the state
      also elicited that Harrell had previously filed tax returns previouslly.
      Harrell's Attorney Barringer likened that to believing in Santa Claus when
      you were a child and then gaining knowledge of the fact that Santa Claus is a
      fantasy as you got older and wiser. Barringer's questioning of Agent Craner
      as to his belief in Santa Claus brought an objection from the State's
      attorney which was sustained by the judge without any recognition of humor.
      Harrel, 62, had worked for the United States Post Office as a rural mail
      carrier and also received a pension from Caterpiller from where he retired in

      Asked if his case will set a preccedent, Harrel said, "Legally, No, but I
      certainly hope it sets the precedent that more people question the loss of
      their rights and property whenever government claims its the law. I feel sure
      this jury will be thinking twice."

      Interestingly, even after the specifc request of the jury, neither the state
      or the court ever did produce any statute showing Harrel had any obligation.
      "We don't have anything to say at this time other than Mr. Harrell was very
      lucky and we will be watching his activities carefully," stated an assistant
      State's Attorney who asked not to be identified.

      Harrel plans to keep up his efforts to expose, what he says, is the one of
      the largest frauds ever committed on the people of Illinois. "Al Capone
      couldn't hold a candle to these guys," Harrell commented when talking about
      the State's claim of a requirement for wage earners and independent
      contractors to file a state income tax form.

      Harrell's bail bond has been released and the funds obtained from Harrell to
      gurantee the bond will be returned. No further court actions are pending
      against Harrell at this time, but Harrell anticipates further actions by
      himself against both the state Department of Revenue and the federal Internal
      Revenue Service.

      May 28th 2000

      Bob's comment's -- When Whitey called and told me that the court had denied
      his final motion to dismiss and that he was going to trial during the week of
      May 22 to 26, I knew I had to be there, if for no other reason than to offer
      morale support. Based upon my previous courtroom experiences, I thought I
      might even be able to add a few things from what we had learned.

      The trip to Lincoln, Illinois was 200 miles and I had 1001 things to do, but
      this was Whitey calling. No excuses, no B.S., just put everything down and
      hump it on out to Logan Co. I arrived at the court house just before the
      government started it's case and just early enough to meet a smiling, but
      still ugly Whitey and determined government butt kicker John Blevins, who
      introcued me to the distinguished and youthful, but graying, Attorney Jerry
      Barringer and the articulate para-legal Lindsey Springer. Things improve
      later when I got a hug form the very patient and gracious, Lois Harrell,
      Whitey's wife of 40 years.

      Other than being amongst friends, it was not a pleasant three days in the
      courtroom. I had seen biased and arrogant judges before, but never one this
      biased and arrrogant (Slick would wait till the jury arrived and then make
      his entrance requiring the jury to stand for him.) I had seen stupid criminal
      investigative agents, but never one this stupid (he knew he had been taped
      and still lied to the grand jury.) I had seen cocky little prosecuters, but
      none like "mosey tong" (exact name unknown but it sounds like "mosey tong")

      In fact, the atmosphere was so permeated with arrogance and bias and stupidy
      that it filtered out to the jurors who, though tentative at the beginning,
      woke up at the appropriate time.

      Even though the attitude of the court played a major role in the outcome, it
      would never have happened had Whitey not established the factual evidentiary
      foundation to present to the jurors. Video taping the meeting with the CID
      agent Craner and elliciting Craner's statement to offer to help was
      brilliant, especially having that video tape after Craner testified that he
      didn't do anything to find answers for Whitey.

      Another thing that was very important was that Whitey testified very well. He
      paused after each question and answered firmly without hesitation. Even on
      cross where the State's Attorney questioned him about the civil cases Whitey
      had previously lost, Whitey didn't flinch. In my opinion, Whitey could only
      have done as well as he did because of the contant hours of preparation and
      study prior to trial.

      Whitey is no greenhorn. He's been involved in the movement fighting "no
      obligation" tax fraud for over 20 years. In fact, I consider Whitey the most
      dedicated patriot I have ever met. He both inspires and pushes me. Go on the
      offensive, he keeps saying. File that complaint. Take it to em. Become the
      plaintiff!!!! (If I've heard that once, I've heard that a hundred times.)
      Now, I know how right he was. It's far better being the plaintiff than the

      Even though Whitey is a warrior, this case took a toll on Whitey and his
      family. Besides the financial burden (which in itself is astronomical) the
      stress on the family was intense (although Whitey did his best to mask it).

      Whitey is not the type of guy who is going to quit. He is going to keep on
      fighting to his last breath.

      We need to give him a morale boost and a financial lift. A resounding "Thank
      You" to Whitey is in order!!

      The best way to do this is for each of us to reach into our pockets or
      wallets or purses and pull out a 10.00 $ federal reserve note bill and write
      on it "Thank you Warrior Whitey!! Keep on fighting the good fight!!"

      Then stick that bill into an envelope and mail it to: "Warrior Whitey"
      Harrell, 283-2400th Ave., Latham, Illinois 62543.

      Whitey can be reached by phone at 217-674-3586, by fax at 217-674-9086 and by
      e-mail at his son Rodney's e-mail address: HscooterD@...

      Bob Minairk

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