Indictment Process in the U.S.A.
"[The federal grand jury] is no longer a protection of the person who is suspected of crime, it is a vicious tool." Arnold I. Burns, deputy attorney general for President Reagan.
"We have a good many citizens in this country who think that justice is for just us, the privileged few at Stanford, the upper class, but not for them." U.S. Supreme Court Justice Sandra Day O'Conner, Stanford University, October 16, 1999.
"The jury's overriding responsibility is to stand between the accused and a potentially arbitrary or abusive government that is in command of the criminal sanction." United States v. Martin Linen Supply Co., 430 U.S. 564, 572-73 (1977)
"There is no crueler tyranny than that which is perpetrated under the shield of law and in the name of justice." -- Montesquieu, 1742
Analysis of My Federal Indictment for Radio Broadcasting Without Permission
Lonnie Kobres
The reason for my selective prosecution is that Federal Judge Steven D. Merryday hates me for supporting the Tampa Common Law Court. The day the house-arrest monitoring device was clamped on my leg (8/31/98), Mr. David Penon, of the probation office, warned me to back off from my activities with "the patriots," or suffer the consequences.
The Federal Prosecutor had filed criminal charges against me based upon radio broadcasts I made after August 24, 1997. That's the date that Federal Judge Steven D. Merryday ruled in favor of the government's March 7, 1996, seizure of my original radio equipment. Merryday had completely ignored the fact that the prosecutor defaulted in answering my defense in that seizure. As a point of reference, Merryday has been witnessed to exhibit the characteristic signs of drunkenness while behind the bench.
Because I was not ordered off the air when my original equipment was seized, I obtained new equipment and resumed operation. I sincerely believe to this day that it was a commendable, not criminal, course of action. However, the prosecutor asserted that broadcasts made after August 24, 1997, were done with "criminal intent". And the sheep-like jury accepted that.
There are a variety of problems for the Prosecutor. In addition to never being ordered off the air, I did not receive a single hearing prior to the government's seizure of my original equipment. Another problem is that only ONE radio transmission occurred after the Judge's ruling. This means the Prosecutor submitted evidence in support of misdemeanor, not criminal, broadcasting...
For additional flaws in the indictment, see sections that are examples of "multiplicity," and of "non-positive law," in count one below.
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
UNITED STATES OF AMERICA :
:
v. : CASE NO. 97-470-CR-T-25(B)
:
ARTHUR L. KOBRES :
INDICTMENT
The Grand Jury charges that:
COUNT ONE
On or about November 1, 1995, at Lutz, Hillsborough County, in the
Middle District of Florida,
ARTHUR KOBRES,
defendant herein, did willfully and knowingly use and operate an apparatus
for the transmission of energy and communications and signals by radio from
a place in Florida to another place in Florida without a license.
In violation of Title 47, United States Code, Sections 301 and 501.
COUNT TWO
On or about November 3, 1995, at Lutz, Hillsborough County, in the
Middle District of Florida,
ARTHUR KOBRES,
defendant herein, did willfully and knowingly use and operate an apparatus
for the transmission of energy and communications and signals by radio from
a place in Florida to another place in Florida without a license.
In violation of Title 47, United States Code, Sections 301 and 501.
COUNT THREE
On or about November 22, 1995, at Lutz, Hillsborough County, in the
Middle District of Florida,
ARTHUR KOBRES,
defendant herein, did willfully and knowingly use and operate an apparatus
for the transmission of energy and communications and signals by radio from
a place in Florida to another place in Florida without a license.
In violation of Title 47, United States Code, Sections 301 and 501.
COUNT FOUR
On or about November 30, 1995, at Lutz, Hillsborough County, in the
Middle District of Florida,
ARTHUR KOBRES,
defendant herein, did willfully and knowingly use and operate an apparatus
for the transmission of energy and communications and signals by radio from
a place in Florida to another place in Florida without a license.
In violation of Title 47, United States Code, Sections 301 and 501.
COUNT FIVE
On or about January 11, 1996, at Lutz, Hillsborough County, in the
Middle District of Florida,
ARTHUR KOBRES,
defendant herein, did willfully and knowingly use and operate an apparatus
for the transmission of energy and communications and signals by radio from
a place in Florida to another place in Florida without a license.
In violation of Title 47, United States Code, Sections 301 and 501.
COUNT SIX
On or about February 16, 1996, at Lutz, Hillsborough County, in the
Middle District of Florida,
ARTHUR KOBRES,
defendant herein, did willfully and knowingly use and operate an apparatus
for the transmission of energy and communications and signals by radio from
a place in Florida to another place in Florida without a license.
In violation of Title 47, United States Code, Sections 301 and 501.
COUNT SEVEN
On or about March 7, 1996, at Lutz, Hillsborough County, in the Middle
District of Florida,
ARTHUR KOBRES,
defendant herein, did willfully and knowingly use and operate an apparatus
for the transmission of energy and communications and signals by radio from
a place in Florida to another place in Florida without a license.
In violation of Title 47, United States Code, Sections 301 and 501.
COUNT EIGHT
On or about April 4, 1996, at Lutz, Hillsborough County, in the Middle
District of Florida,
ARTHUR KOBRES,
defendant herein, did willfully and knowingly use and operate an apparatus
for the transmission of energy and communications and signals by radio from
a place in Florida to another place in Florida without a license.
In violation of Title 47, United States Code, Sections 301 and 501.
COUNT NINE
On or about July 29, 1996, at Lutz, Hillsborough County, in the Middle
District of Florida,
ARTHUR KOBRES,
defendant herein, did willfully and knowingly use and operate an apparatus
for the transmission of energy and communications and signals by radio from
a place in Florida to another place in Florida without a license.
In violation of Title 47, United States Code, Sections 301 and 501.
COUNT TEN
On or about October 30, 1996, at Lutz, Hillsborough County, in the
Middle District of Florida,
ARTHUR KOBRES,
defendant herein, did willfully and knowingly use and operate an apparatus
for the transmission of energy and communications and signals by radio from
a place in Florida to another place in Florida without a license.
In violation of Title 47, United States Code, Sections 301 and 501.
COUNT ELEVEN
On or about January 15, 1997, at Lutz, Hillsborough County, in the
Middle District of Florida,
ARTHUR KOBRES,
defendant herein, did willfully and knowingly use and operate an apparatus
for the transmission of energy and communications and signals by radio from
a place in Florida to another place in Florida without a license.
In violation of Title 47, United States Code, Sections 301 and 501.
COUNT TWELVE
On or about March 18, 1997, at Lutz, Hillsborough County, in the
Middle District of Florida,
ARTHUR KOBRES,
defendant herein, did willfully and knowingly use and operate an apparatus
for the transmission of energy and communications and signals by radio from
a place in Florida to another place in Florida without a license.
In violation of Title 47, United States Code, Sections 301 and 501.
COUNT THIRTEEN
On or about August 12, 1997, at Lutz, Hillsborough County, in the
Middle District of Florida,
ARTHUR KOBRES,
defendant herein, did willfully and knowingly use and operate an apparatus
for the transmission of energy and communications and signals by radio from
a place in Florida to another place in Florida without a license. In violation of Title 47, United States Code, Sections 301 and 501. COUNT FOURTEEN On or about September 24, 1997, at Lutz, Hillsborough County, in the Middle District of Florida, ARTHUR KOBRES, defendant herein, did willfully and knowingly use and operate an apparatus for the transmission of energy and communications and signals by radio from
a place in Florida to another place in Florida without a license.
In violation of Title 47, United States Code, Sections 301 and 501.
A TRUE BILL,
(no signature)
FOREPERSON
CHARLES R. WILSON (no sig.)
United States Attorney
By: RONALD J.TENPAS (sig.)
Assistant United States Attorney
By: STEPHEN M. KUNZ (sig.)
Assistant United States Attorney
Deputy Chief, Criminal Division
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