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United States v. Thomas

October 12, 2006

UNITED STATES OF AMERICA,
v.
GREGORY THOMAS A/K/A GREGORY-JASON: FAMILY OF THOMAS; AND GERALD THOMAS, JR.; DEFENDANTS.



The opinion of the court was delivered by: Gerald Thomas, Jr. Scullin, Senior Judge

MEMORANDUM-DECISION AND ORDER

I. INTRODUCTION

After a jury trial, Defendant Gregory-Jason: family of Thomas ("Defendant Gregory- Jason") was found guilty of Counts 1-15, 20-21, and 23-27 of the Second Superceding Indictment. His brother, Defendant Gerald Thomas, Jr. ("Defendant BJ Thomas") was found guilty of Counts 1-2, 4, and 13-15 of the Second Superceding Indictment.

Currently before the Court are the post-trial motions of Defendant Gregory-Jason and Defendant BJ Thomas.*fn1 Although Defendant Gregory-Jason did not specifically move for any post-trial relief, he did file a post-trial document entitled "Notice of Void Judgment and Refusal of Acceptance." See Dkt. No. 230.

Defendant BJ Thomas moves, pursuant to Rule 33(a) of the Federal Rules of Criminal Procedure, for a new trial on the ground that justice so requires (1) because, throughout the trial, the Court allowed the Government to elicit testimonial hearsay from various witnesses that seriously prejudiced him in violation of his Sixth Amendment right of confrontation as the Supreme Court interpreted that right in Crawford v. Washington, 541 U.S. 36 (2004), and Davis v. Washington, 126 S.Ct. 2266 (2006), and (2) because there was insufficient evidence produced at trial to support his convictions on Counts 13, 14 and 15 of the Second Superceding Indictment in that the testimony of Marilyn Tanner and other witnesses was incredulous as a matter of law.

The Court will address each of these motions in turn.

II. DISCUSSION

A. Defendant Gregory-Jason's Motion*fn2

Defendant Gregory-Jason, claiming to be "a diplomat from the Kingdom of Heaven with immunity as decreed in treaties by His Most Christian majesty, Prince George," filed a "Notice of Void Judgment and Refusal of Acceptance" shortly after the jury found him guilty of all of the Counts with which he was charged in the Second Superceding Indictment. Although it is impossible for the Court to discern what, if any, specific post-trial relief Defendant Gregory-Jason is seeking, it appears that the gravamen of his argument is that this court lacks jurisdiction over him.

In support of this argument, he asserts that the Court's denial of his motion that he should be released because the Indictment was irregular and void was contrary to law. See Dkt. No. 230 at 2. Moreover, he contends that the Court erred when it removed the jury from the court room to prevent the jurors from hearing the Court read the "902 verified evidence" of no subject matter jurisdiction into the official record. See id. He argues that the Court should have allowed the jury to hear that "the grand jury was disqualified, that the indictment is irregular and void, and that the trial jury was going to be required to disqualify itself if said trial jury came to the knowledge of the 902 verified evidence contained within challenge to jurisdiction . . . ." See id. at 2-3. Defendant Gregory-Jason further asserts that "[r]emoving the trial jury from publication of 902 verified evidence that the court lacks subject matter jurisdiction is the crime of concealing material facts from an official court record and is therefore perjury of an official court record . . . and is a violation of 18 USCS 1001." See id. at 3.

Finally, he contends that

[t]he exemption of the application of [18 U.S.C. § 1001] to the assistant U.S. Attorney, or any party in a judicial procedure who is allowed the right of silence does not extend to Judge Frederick J. Scullin, Jr., who violated his high office of Judge and fair and impartial protector of the rights of the parties and concealed the 902 verified evidence from the trial jury that would prove without doubt that Gregory-Jason: family of Thomas must be released from the trial.

See id.

As a result of these alleged errors, Defendant Gregory-Jason states that "[h]e do[es] not accept the verdict/judgment of the court and [he] does not consent, ascent, [sic] or acquiesce to any judgment from the incompetent trial jury predicated on a irregular and void indictment obtained by ...


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