Burns Chronicles N^o 53
Plea Withdrawal – A Privilege or a Right?

Gary Hunt
Outpost of Freedom
January 2, 2017

On October 12, 2016, Ryan Payne submitted to the Court a Motion to Withdraw his Plea Agreement.  This was filed over two weeks before the Jury verdict (October 27, 2016), finding the defendants “Not Guilty” of the charges that included Payne in the original Indictment.

Payne pled guilty, in a Plea Agreement, on July 19, 2016.  In the hearing on the Plea Agreement, when asked how he pled, he stated, “In pursuing that effort [the occupation of the Malheur National Wildlife Refuge], I understand I — I have come to understand that folks who were — who work for the Government, that that Constitution ordained, perceived my actions as threatening or intimidating.  And, thereby, I – I understand myself to have been guilty of the charge that I’m charged with.”

Clearly, he did not say that he was guilty.  He said that he understood himself “to have been guilty of the charges“.  So, we have to wonder why the equivocation that was apparent in his statement to the Court.  And, we will get to that.  However, let’s continue from where we are.

The Court (Queen Judge Anna Brown) gave her Order Denying Defendant Ryan Payne’s Motion to Withdraw Guilty Plea.  From that document, we can get some dates with regard to the timing of Payne’s plea agreement and other contributing factors.

            Standard

Judge Brown sets out the “Standard” upon which the Court is to determine if a plea should be withdrawn.  The citations she uses are all from the 9th Circuit, as they should be.

“Federal Rule of Criminal Procedure 11(d)(2)(B) provides that a defendant may withdraw a plea of guilty prior to sentencing if he “‘can show a fair and just reason for requesting the withdrawal.’” United States v. Mayweather, 634 F.3d 498, 504 (9th Cir. 2010). “The defendant has the burden of demonstrating a fair and just reason for withdrawal of a plea.” United States v. Davis, 428 F.3d 802, 805 (9th Cir. 2005). “‘Fair and just reasons for withdrawal include inadequate Rule 11 plea colloquies, newly discovered evidence, intervening circumstances, or any other reason for withdrawing the plea that did not exist when the defendant entered his plea.’” Mayweather, 634 F.3d at 504 (quoting United States v. Ortega–Ascanio, 376 F.3d 879, 883 (9th Cir. 2004)). “‘While the defendant is not permitted to withdraw his plea ‘simply on a lark,’ the ‘fair and just standard’ is generous and must be applied liberally.’” Mayweather, 634 F.3d at 504 (quoting United States v. McTiernan, 546 F.3d 1160, 1167 (9th Cir. 2008)).

You will note that the standard is based upon “fair and just”, and that the burden is on the defendant.  However, the last citation makes clear that the “‘fair and just standard’ is generous and must be liberally applied.”

Continue reading ‘Burns Chronicles No 53 – Plea Withdrawal – A Privilege or a Right?’ »

Burns Chronicles N^o 52
Will Kullman (Nighthawk) #2

Gary Hunt
Outpost of Freedom
December 30, 2016

I have been contacted by a number of people who were contacted by Kullman, after the “Burns Chronicles N^o 51 – William “Will” Kullman (Night Hawk)“went out. His line to them is that I (Hunt) am a BATF agent. Heck, that accusation goes back to 1993, and in all of that time, nobody has been able to provide any substance to that accusation. That just shows how cheap talk is.

I have also been provided a copy of a text conversation from back in September, about the time the Portland Trial, Ammon Bundy, et al, began. So, we will begin with that text conversation. I have indicated Kullman’s comments with K and the other participant as S. This discussion took place before and during the trial that began on September 7, 2016.

SEP 4 AT 10:08 PM

K:  I’m going to Portland for the Bundy trials. Will you be there

SEP 21 AT 5:46 PM

S:  Dude… People are freaking out your like McConnell… is this true?

K:  Excuse me?

S:  Ya. Everyone is telling me you were buddy buddy with him and you mysteriously left last week after they showed your picture. I’m not saying it that’s not me… it paranoia all over again… someone said you are testifying for the prosecution. Blah blah blah… figured you would want to know

K:  First and foremost before the Bundys before the trials before any of this Mark and I Marine brothers just like John Ritzheimer and our bond is before everything else. Period. I have no idea what you mean by showing my picture I left on Thursday afternoon because I had trial myself here in Washington Friday morning for my son in custody. I’m not testifying for anybody and I risked a lot going to the courthouse, and because I was in Portland for a week and didn’t see my son before my trial I end up losing custody of my son so I sacrificed to be there don’t lump me in with Jason Blomgren just because he squealed like a pig.

Note that he mentions Ritzheimer, claiming that their “bond is before everything else.” This was brought up in ” Burns Chronicles N^o 51 – William “Will” Kullman (Night Hawk)“, when Kullman told Peltier to tell Ritzheimer, “Semper Fi!”

Now, we will jump to the end of the next discussion, which took place on Facebook. The initial discussion began on the day that LaVoy Finicum was murdered, January 26, and concluded on the next day. The conversation picks up again on December 28, 2016. It is this last portion that we will begin with. This is the day that the first Kullman article was published.

8:23 pm [December 28, 2016]

Friend:  Not sure what is going on but you are being tagged in the Patriot community as an informant against the refuge guys.  Outpost of Freedom has evidence and has written an article against you.  What the hell is going on?  I trusted you

8:37 pm

Kullman:  I’m not sure.  I was just told of it.  And haven’t finished reading the article myself

I don’t know how they would come to that conclusion, I’m one of the biggest patriots in this state and make it known because I’m proud of who I am.

8:39 pm

Friend:  I’ve been hit up by the armchair warriors stalking my page that keep pming me telling me how terrible I am that we are “friends” on fb…but I can’t find your name on my list.  Strange.  Gary Hunt called you for your input but you hung up on him.  What the hell is going on?

Continue reading ‘Burns Chronicles No 52 – Will Kullman (Nighthawk) #2’ »

Burns Chronicles N^o 51
William “Will” Kullman (Night Hawk)

Gary Hunt
Outpost of Freedom
December 28, 2016

Notice: Because of her extremely biased judicial discretion, Judge Anna Brown has ordered that I remove the information that I obtained from a ‘prohibited’ copy of the Discovery for the trial of the defendants in the Malheur Occupation trial. I have fully complied with that order and removed all of those portions prohibited, according to that order. All instances of removed text will be marked “[REDACTED]”, which is the same method the government used in depriving information that should have been available to the defendants, as well as you, the reading public, with factual information needed in order for you to make a fair and logical assessment. The FBI redactions were the government’s efforts to “protect” their army of paid informants, but they did a lousy job, as I was able to identify them with the unredacted text.

Jon Ritzheimer had put out a call for more people to come to the Refuge, shortly after the occupation on January 2, 2016.  Many people who supported the effort being made by Ammon Bundy and the others resent that message.

On January 3, Will Kullman contacted Maureen Peltier (SSG Moe).  Peltier was one of those who had passed the message on.  His first contact with Peltier shows that he was from Lake Stevens, Washington and that he was Founder of “Kullman Combat Organization”.  Some of the text messages indicate his desire to help:

“I wanna come down to Oregon to help.  What do I need to bring and when is the best time to come?”

Is there an armed militia that is doing security like we did at Sugar Pine and Bundy?  Just wondering if I should bring a weapon.

He then stated that he “had a team ready to go…”  And, then asked for a contact for when he got there.  However, when he arrived in Burns, he was alone.

He knew that Ritzheimer was a Marine, so he sent the message:

“I will be there to help him.  Tell him a fellow Marine is on his way to help him.  Tell him I said “Semper Fi.”

On January 6, as he entered Harney County, he relayed messages through Peltier, announcing his approaching the Refuge.  At 8:33 PM, he was driving in fog about 16 miles out from the Refuge.  Then, at 10:56 pm, he reported to Peltier that he had arrived and that he “just met up with Ryan.”  (Not sure if it was Payne or Bundy, as both were present at the time.)

“Semper fi”, short for “semper fidelis”, is the Marine Corps motto, Always faithful — that Marines will always be faithful to the Corps and other Marines.  Both Ritzheimer and Kullman were Marines, though Kullman was more than willing to turn against his fellow Marine.

January 7, the day after Kullman arrived, he texted:

“You know there’s only maximum 40 of us here…  Not as many as before.  Get the word out.  They are cutting power to the Refuge.”

Peltier questioned his going public with that sort of information and told Kullman that such information should only come out from the leadership.  Peltier was beginning to have questions about Kullman’s assertiveness and assuming the authority to speak for the Refuge.

. Continue reading ‘Burns Chronicles No 51 – William “Will” Kullman (Night Hawk)’ »

A Thought on Leadership

Gary Hunt
Outpost of Freedom
December 27, 2016

Preface

This article was written back in the nineties. The subject came to light as I watched many fledgling organizations fall apart as a result of conflicts between an aggressive leader, usually charismatic, and generally a type “A” personality. It is not to suggest that such a person cannot be a good leader, though those features should be subordinate to a more rational approach to the decision of who will best serve in that capacity. Following are my thoughts on the subject of leadership.

————————–

One of the most important tools utilized by those who have sought to take our freedoms and our country from us is the control of public education. By these means they have been able to remove aspects of our history which would have enabled us to both perceive and deal with the problems of today, long before now.

We have a group of leaders in the Patriot Community, many who have proclaimed their position by methods of public relations which are founded on promulgation of sensationalism. Perhaps their positions are merited, yet if we look at history; we will find that these are not the means by which leaders were selected two hundred years ago.

Jefferson, Adams, Washington, Henry and the rest of those who gave us the nation we seek to restore were well established in their respective communities, and recognized by their efforts to be men of sincerity. Their efforts extended, in most cases, over many years of guidance to their neighbors. The respect that was earned by these efforts, and their willingness to represent the will of the people propelled them into the delegations which formulated the course that the colonies would pursue.

Would it be possible for the government to anticipate the desire of the Patriot Community to return to Constitutional government and infiltrate agents into the community to say what patriots want to hear? Would they then attempt to acquire a position of leadership? By what we know, the One World Government people have achieved this very goal in our Congress, Courts and even in the Presidency. Are we foolish enough to allow the same to happen to us?

The War of 1812 was declared by the Americans. The President sent to the Congress a Declaration of War which gave six reasons for which he requested the Congress to agree that a state of war existed. The Declaration was approved by the House on June 4, 1812 and the Senate on June 18. Of the six causes for war, probably the most significant is the fifth, which reads:

“Fifthly. Employing secret agents within the United States, with a view to subvert our government, and dismember our union. “

. Continue reading ‘A Thought on Leadership’ »

Burns Chronicles N^o 49
Thomas S. Dyman (Tom Dyman)

Tom Dyman at 2011 hearing

Gary Hunt
Outpost of Freedom
December 22, 2016

Notice: Because of her extremely biased judicial discretion, Judge Anna Brown has ordered that I remove the information that I obtained from a ‘prohibited’ copy of the Discovery for the trial of the defendants in the Malheur Occupation trial. I have fully complied with that order and removed all of those portions prohibited, according to that order. All instances of removed text will be marked “[REDACTED]”, which is the same method the government used in depriving information that should have been available to the defendants, as well as you, the reading public, with factual information needed in order for you to make a fair and logical assessment. The FBI redactions were the government’s efforts to “protect” their army of paid informants, but they did a lousy job, as I was able to identify them with the unredacted text.

Thomas S. Dyman was considered for a Second Tier position in Operation Mutual Defense (OMD).  The structure of OMD had three tiers.  The First Tier is the Advisory Board.  The Second Tier is those who could assist in research; webpage management, specialty skills, or other capabilities that would work with the Advisory Board.  The Third Tier would be those recruited by the Second tier to assist them, though they would not be under the Advisory Board.

Being recommended by Ryan Payne, he had to fill out an application.  In the application, he admits that he had a criminal record and refers to a background check.  OMD never received the background check.

A search resulted in finding at least one criminal charge against Dyman.  He was arrested in 2011 for having taken his children from his first wife, back in 1995.  The children had become adults, and apparently the charges were dropped.

Dyman now lives in Williston, North Dakota and has a contracting business, Dyman Construction, LLC.

Dyman’s application was submitted to OMD on November 1, 2015, though the application is signed and dated on 10/29/16.  We have to wonder what his intentions were in responding to Payne’s request, since his first report as an informant (CS) was dated November 3, 2015.

That report was dated November 3, 2015 and began with a copy of an article on the Hammonds that had been posted on bundyranchblogspot.  Then, he began reporting on Payne’s plans.

[REDACTED]

. Continue reading ‘Burns Chronicles No 49 – Thomas S. Dyman (Tom Dyman)’ »

Burns Chronicles N^o 46
Words from the Poor Losers #2

Gary Hunt
Outpost of Freedom
December 13, 2016

Shortly after the verdict in the first Oregon Conspiracy trial, I wrote Words from the Poor Losers.  It was based upon statements made by government ‘officials’ who were upset over the verdicts of not guilty on all but one count one of the defendants.

That article laid out the government’s response to the verdict from the United States Attorney’s Office, Oregon Governor Kate Brown, Harney County Sheriff Dave Ward, and the U.S. Fish & Wildlife Service.

On December 6, 2016, Defendant Jason Patrick filed “DEFENDANT’S MOTION TO DISMISS SUPERSEDING INDICTMENT: PROSECUTORIAL MISCONDUCT – PREJUDICIAL EXTRAJUDICIAL STATEMENTS” and his “MEMORANDUM IN SUPPORT OF DEFENDANT’S MOTION TO DISMISS SUPERSEDING INDICTMENT“.  On the same day, Jason also filed another motion and memorandum, though the government has yet to respond.  That second motion, then, will be addressed when the government decides to answer it.

Rather surprisingly, as far as the first motion, the government filed their “GOVERNMENT’S RESPONSE TO DEFENDANTS’ MOTION TO DISMISS SUPERSEDING INDICTMENT” just six days later, on December 12.

So, first, let’s look at what Jason said in his motion.  He “moves the Court for an Order dismissing the Superseding Indictment herein by and for the grounds that the United States Government by and through The United States Attorney, and other Executive Agencies have made public statements disparaging the jury’s acquittal of the first seven defendants tried herein while a second trial of the remaining defendants was pending.”

In his Memorandum, he cites:

United States Attorney for the District of Oregon, Billy J. Williams, October 27, 2016:
“While we had hoped for a different outcome, we respect the verdict of the jury and thank them for their dedicated service during this long and difficult trial.”

The suggestion of “hope” seems to go beyond the pursuit of justice.  If there was to be “hope”, it should be that the outcome of the trial would serve justice, not their hopes or desires.  Then, they condescend with their “respect” and thanks.

Greg Bretzing, Special Agent in Charge of the FBI in Oregon, October 27, 2016.
“We believe now – as we did then – that protecting and defending this nation through rigorous obedience to the U.S. Constitution is our most important responsibility.  Although we are extremely disappointed in the verdict, we respect the court and the role of the jury in the American judicial system.”

If “rigorous obedience” to the Constitution is what Bretzing means, then should he respect the verdict of the jury as being a “rigorous obedience” to that Constitution?  If so, why should he be “disappointed in the verdict”?  Shouldn’t he be pleased that justice has been served?

Tweet from U.S. Secretary of the Interior Sally Jewell, October 28, 2016.
Respect the court, but deeply disappointed in Malheur verdicts.  Safety of employees remains the top priority.  S J.

Now, Sally Jewell doesn’t seem to respect the jury, only the “court”.  And we have seen just how that Court, under the rule of Judge Anna Brown, has done all within her power to obstruct the defense while favoring the prosecution.  It seems that there is no respect for the jury, because it would be difficult to respect someone who had “disappointed” you.

So, we see that the federal officials who have voiced their displeasure seem to view the entire judicial process as a personal vendetta against those they choose to prosecute.  It is no longer a matter of justice, because the vindictiveness of those officials shows through like a sore thumb, or, rather, a poor loser.

. Continue reading ‘Burns Chronicles No 46 – Words from the Poor Losers #2’ »

The Bundy Affair – #19
Schuyler Barbeau Responds to Ryan Payne

Gary Hunt
Outpost of Freedom
November 30, 2016

Schuyler Barbeau receives copies of my articles, via mail, while detained at SeaTac Federal Detention Center. After reading “Ryan Payne Explains Some of the Circumstances Surrounding the Bundy Affair in April 2014“, Schuyler sent me the following to post, in response to that article.

* * * * * * * * * * * * *

11/14/2016
FDC SeaTac

This is an open letter,

To those Patriots, their families, anyone affected by or involved with the indictment against Cliven Bundy and eighteen others, the Government, FBI, Federal Prosecutors, and anyone else concerned with the case,

This letter is my concurrence with an open letter written and published by Ryan Payne.

I, Schuyler P. Barbeau, was present before, during and after the “standoff” event that took place in Bunkerville, NV, near Cliven Bundy’s Ranch on April 12th, 2014.  I arrived at noon on Friday the 11th, and was invited to be a member of the Personal Security Detail that evening.  I then remained a member of the PSD [Personal Security Detail] for seven days.

Ryan Payne made five statements in his letter, that he made speculative, inaccurate, and/or fabricated statements before, during, and after the “standoff.”

“1) There were outcomes that I discussed with Mr. Bundy on the morning of April 8, 2014, upon first meeting him, which were desirable to him and his family.  These were then disseminated through conventional and alternative media outlets, in the belief that those who may decide to protest against the Sheriff’s apparent lack of involvement, and/or against the brutal and militarized actions of the Bureau of Land Management (BLM).  This would give them more information to aid in making decisions for themselves and their actions.  There was never a plan to accomplish these objectives, in any way, shape, or form, nor was there any intent to support any such plan, by myself, the Bundy’s, or anyone else.  As there was presumed to be a large protest on April 12th, I discussed with numerous individuals, some particular things to be watch­ful for amongst the crowd, for the safety of all involved including law enforcement and federal employees.  However, none of these discussions concerned a plan to achieve any objectives.  This is true to my knowledge.”

. Continue reading ‘The Bundy Affair – #19 – Schuyler Barbeau Responds to Ryan Payne’ »

Burns Chronicles N^o 45
Mark McConnell #2

Gary Hunt
Outpost of Freedom
November 30, 2016

I have obtained some additional information on Mark McConnell that will be of interest to all.  After my last article, “Mark McConnell“, it seems that McConnell kept saying that the information was readily available.  He never really addressed whether he was an informant, or not.  He simply sidestepped the issue of the role he played.

So, let’s separate the issues between what he said and whether he was an informant.  To do so, we simply look to the Court record and see what transpired, on two separate occasions, during the trial of the United States of America v. Ammon Bundy, et al.  The verdict was not guilty on all but one count.

From the rough draft transcripts of the trial, September 21, 2016.  Mr. Gabriel is one of the prosecuting attorneys.  Beckert is an Oregon State Police officer.  Mr. Mumford was Ammon Bundy’s attorney.  Yu will not that the government prosecuting attorney intentionally outed McConnell as a government informant.  I will leave the reader to speculate as to why they would do this.

GABRIEL: Your Honor, Jeremiah Beckert from the Oregon State Police. He will testify to the stop of the Jeep that Ammon Bundy and Mark McConnell and Brian Cavalier were traveling in.

* * *

Mr. Gabriel: So I want to direct your attention to the evening of January 26th of this year, 2016.

A.  Okay.

Q.  Were you a part of a traffic stop on a brown Jeep?

A.  Yes, I was.

. Continue reading ‘Burns Chronicles No 45 – Mark McConnell #2’ »

Burns Chronicles N^o 44
Mark McConnell

Gary Hunt
Outpost of Freedom
November 25, 2016

Notice: Because of her extremely biased judicial discretion, Judge Anna Brown has ordered that I remove the information that I obtained from a ‘prohibited’ copy of the Discovery for the trial of the defendants in the Malheur Occupation trial. I have fully complied with that order and removed all of those portions prohibited, according to that order. All instances of removed text will be marked “[REDACTED]”, which is the same method the government used in depriving information that should have been available to the defendants, as well as you, the reading public, with factual information needed in order for you to make a fair and logical assessment. The FBI redactions were the government’s efforts to “protect” their army of paid informants, but they did a lousy job, as I was able to identify them with the unredacted text.

I first interviewed Mark McConnell back in August 2015 That interview was in regard to Parris Frazier and his effort to steal cartel drugs and sell them (Arizona Misfits – A Bad Operation Gone Worse).  McConnell seemed to have an extraordinary knowledge of some of the facts surrounding that incident, which was quite useful in researching for that story.  It never occurred to me, at the time, that this knowledge would have been extremely beneficial to law enforcement, leading up to the bust.

The Criminal Complaint that lead to the arrest of Frazier and his cohorts began with the government putting an undercover employee (UCE) in a position provide access to Frazier to make the government’s plans to set Frazier up for the bust.  This scenario omits what led up to the bringing in the UCE, so there was a substantial part of the story that was missing.  It is quite possible that they chose not to mention a confidential human source (CHS) that provided the background that led to the setup of Frazier.  Or, possibly, any such report was filed on form 302, an “Investigation Report”.

Let’s move forward to the events that occurred in Burns, Oregon, this past January.  During the trial, the government, for whatever reason, outed McConnell as a CHS.  In every other instance of a CHS being involved in spying on the occupiers, this would include nine who were at the Refuge and six who were not, the government has taken pains to conceal their identity.

This would lead one to conclude that they just wanted to wipe their hands clean of any association with Mark McConnell — to make him an outcast in both the government and patriot sides.  What other reason could exist for intentionally expose just this single informant?  Could it be his arrogance and air of superiority in dealing with his handler?

Many had determined that McConnell was an informant, early on.  However, in an effort to find verification, I have interviewed McConnell 3 more times since LaVoy Finicum was murdered on January 26.  The first was on January 30, as he was driving back to Arizona after having his vehicle returned to him.  My purpose was simply to find out what happened from the first stop to his release, that evening.

That interview was much different from the video that was posted on YouTube where he talked about LaVoy rushing the Oregon State Police (OSP) officers.  He had learned his lesson and wouldn’t claim that he saw Ryan get out of the LaVoy’s truck, only what Ryan told him, when they were placed on the ground together.  And, he made clear that all he would say was what he saw, or heard.  This interview was straightforward.  The details he gave were consistent with what has subsequently been confirmed by others.

My next interview, on May 16, was an effort to find something that would support the accusations that he was an informant.  Now, obviously, getting such a “confession” is nearly impossible.  However, often clues come out that would support such a conclusion.  McConnell said that there was a meeting on the Saturday, before the shooting, Brandon Curtiss, McConnell, Booda (Brian Cavalier) and Ammon had a meeting and Curtiss and McConnell explained that was over three hundred FBI agents in the area.  Then, the night before the shooting, he had tried to talk the people out of going to the meeting at John Day.  However, he was willing to drive to John Day and make sure that Ammon was in his Jeep.

On October 10, after McConnell was outed as an informant, I spoke with him, again.  The only interesting point in this interview was the McConnell said that the occupation was a “criminal enterprise”.  A rather interesting statement from one who participated to the extent that he did.  This would raise a question of motivation as to why he participated in such an enterprise, at least as an accessory, unless he had a reason, and immunity, to do so.  Here is what he told me (from my notes of the conversation):

He spent three nights at the Refuge, the second trip.  He could not find a motel room.  He did not agree with the occupation.  He called it lies and bullshit.  He also claimed that Payne and Joker J (Jason Blomgren) had given me [Hunt] money to secure supplies, listing pipes and pipe caps, stating, “That’s not what the statements I have found said.”

. Continue reading ‘Burns Chronicles No 44 – Mark McConnell’ »

Burns Chronicles N^o 42
Fabio Minoggio (John Killman)

Gary Hunt
Outpost of Freedom
November 20, 2016

“John Killman”

Notice: Because of her extremely biased judicial discretion, Judge Anna Brown has ordered that I remove the information that I obtained from a ‘prohibited’ copy of the Discovery for the trial of the defendants in the Malheur Occupation trial. I have fully complied with that order and removed all of those portions prohibited, according to that order. All instances of removed text will be marked “[REDACTED]”, which is the same method the government used in depriving information that should have been available to the defendants, as well as you, the reading public, with factual information needed in order for you to make a fair and logical assessment. The FBI redactions were the government’s efforts to “protect” their army of paid informants, but they did a lousy job, as I was able to identify them with the unredacted text.

For the sake of this article, I will use the name that those at the Malheur National Wildlife Refuge (MNWR) knew him by, John Killman.  However, his real name is Fabio Minoggio, from Switzerland, and currently living in Las Vegas, Nevada, or northwestern Arizona.

There is little information in his Fabio Minoggio Facebook page, though it appears that he was born in Pallanza, Italy.  He claims to still live in Locarno, Switzerland.  He may have been born January 1, 1971, as implied by a date shown on the John Killman Facebook page.

At this point, we only have what he said to the defense attorneys, when asked why he went to the refuge.  He told them, “I am in this because of my love of gun safety,” according to the lawyers’ notes.  He also said he didn’t want to miss a “moment in history.*” This claim doesn’t bear fruit, since, while on the witness stand, in response to a question about expenses, he said “I was going into harm’s way, so I had to buy ballistic vests”.  From whom did he sense a threat?

The Prosecution has refused to identify him as an informant.  The judge then told the FBI that if he lied on the stand, they had an obligation to point out any such lies.

Whether he contacted the FBI and volunteered, or was contacted by the FBI, we may never know.  I have tried calling Minoggio, but he “is not accepting calls at this time”, in a recorded message at the number that was initially used to contact him to testify.

How he was found and subpoenaed to testify is another interesting aspect of this story.  After Jeff Banta testified about a guy with a French accent had come to the Refuge and started training people in various military activity, such as team combat, team movements as a group, evacuating friendlies from a car, hand-to-hand combat, and firearms safety.  He had that French accent and was sort of an anomaly, compared to the others who had come to the Refuge.

This began raising questions.  The government, in discovery, had provided 129 “CHS Reporting Document” reports, constituting 230 pages, though they were so heavily redacted that there was no way to identify, without a bit of sleuthing, just who the informant making the reports were.  However, among those who had met “Killman”, someone had obtained his phone number.

At this point, Neil Wampler’s attorney, Lisa Maxfield and Shawna Cox’s standby attorney, Tiffany Harris, began pursuing an intensive search for the illusive John Killman.  A reverse look-up of the phone number showed the phone registered to Fabio Minoggio.  Once others confirmed that Minoggio’s Facebook picture (above) was Killman, it was a matter of finding him and getting him on the stand, having no idea what his testimony might be.  It was a long shot, but having ferreted out an informant just might be sufficient to persuade the jury that things were not just as the Prosecution had claimed.

What made the effort worthwhile is the fact that the Prosecution had already shown a short video Burns-Pieter_video_2016-01-24–16-31-39.mp4 at least four times, during their presentation to the jury.  That video, though only 29 seconds long, was, in the eyes of the jury, suggestive of the violent intent of the occupiers.  If the video could be considered in the proper light, perhaps that would be a major point of consideration by the jury.

. Continue reading ‘Burns Chronicles No 42 – Fabio Minoggio (John Killman)’ »