Militia Trial: Day 5 – Toilet Paper, Green Beans, and a Call for Mistrial

I walked in to the trial already in progress this morning. We’re now seeing evidence obtained from the search of defendant Lonnie Vernon’s house and truck.

There was a lot of wrangling going on about what evidence to admit or not, before the jury came in.

There are documents in question and MJ Hayden, Lonnie Vernon’s attorney is saying that they are more “prejudice than probative.” It sounds like they are more pictures of firearms and the have notes written on them, but there is no indication that he wrote the notes or saw them.

The prosecution cites case law that shows documents found in the trash can be admitted even if the handwriting cannot be identified.

Judge Bryan says he’s “inclined to admit exhibit 446 into evidence. The objections are well taken, he said, but they’re admissible anyway.

The next objection goes to the “sten gun” found in the home. I didn’t know what this was until I had the chance to Google it.

The STEN (or Sten gun) was a family of British 9 mm submachine guns used extensively by British and Commonwealth forces throughout World War II.

Vernon is not charged with having an automatic weapon, she explained as the reason for her objection to the evidence.  Schaeffer Cox is charged with having a “similar value” weapon, and the jury may be confused and not be able to tell the difference, she said. “We don’t concede that it is a prohibitive weapon. We shouldn’t have to do that, because he is not charged with anything related to this.” The lab report said the weapon did not “fire automatic,” but it did have the components to do so.

Lamoreaux says the prosecution is not going to push that, but will mention the firearm that was hanging on master bedroom wall, and the 2 firearms found in the vehicle, which they feel show intent to murder and capability to murder.  Lonnie Vernon looked grim with his jaw set as the prosecution was speaking.

Hayden says that an FBI agent testified yesterday that this gun was a machine gun. The judge looked startled, as did the prosecution. Yvonne Lamoreaux said she will check with that agent and clarify the point today.

The judge looked distressed and said there should be no reference to that, and that the gun is not illegal. “It should not be referenced as a machine gun.”

Hayden also asked that another piece of evidence be referred to as a “trip wire.”  Don’t refer to it as a “booby trap,” she requested. Judge Bryan said that was a fair request. “It could be set up to BE a booby trap, but it was less than what I would call a booby trap,” he said, and categorized it more like “a bunch of wires.”

The next bit of evidence sounded interesting, and was referred to as “Goodbye letters.” The defense said they wouldn’t agree with that characterization. This batch of evidence consisted of 13 letters, made out to family and friends, which were in stamped envelopes, and addressed. They were signed, “Lonnie and Karen.” The signatures are in the same handwriting. Vernon’s attorney objects because the bulk of the letters, she said, deal with the Vernon’s prolonged struggle with the IRS. “If they have meaning it’s about the battle with the IRS,” nothing that Cox or Barney is concerned with.

The judge says he is going to bypass that for now, and wants to look at them today.

The prosecution has a couple items as well.  They do not plan to offer the Anarchist Cookbook as evidence, but they do plan to offer other books on the table where that one was found. They plan to ask the witness if there were any other items on the table, and the witness may make reference to it at that time.

Hayden objects to the prosecution asking if other items were on the table.  She reminds the judge that she had previously objected to any mention of The Anarchist’s Cookbook. If it’s mentioned, then the court has to read it from cover to cover to make a determination as to whether it’s admissible. “It’s not relevant. It’s just reading material.” She cites case law that says “it shouldn’t even come in, particularly if it’s just a reference.”

Lamoreaux says that you can read from recipes in the book that you can add phosphorous to grenades. There must have been a reference to this from the explosives guy the other day. “We weren’t planning to offer it, but we can if the defense would like it,” she says.

The judge piped up, “I agree with you Ms. Hayden, you’d better stop while you’re ahead. She can testify that it was there with other things, but I think there’s more heat than light in this. If she starts talking about what’s in it, it’s a whole different ball game, and I think you should avoid discussion of what’s in that book.”

The jury is back in now. “We’ve been working on evidentiary issues that will hopefully make things go more quickly,” Judge Bryan told them.

One of the jurors is not feeling well, and has a bad cough. “I Chlorasepticked the Hell out of it this morning,” he says proudly, as we discover how Chloraseptic can be used as a verb. He seems to enjoy explaining his ailment and wish not to infect his fellow jurors to the court. Another juror is not here because she was admitted to the hospital over the weekend.  Alternate Juror #1, in a hoodie, moves to seat number three. One alternate down, three remaining.

Special Agent Copper Resumes the witness stand, still under oath.

She will testify to items found in Vernon’s home on 3/12/11.

They found several copies of the Alaska Peacemakers Militia No-fluff Training Manual around the house.

There’s also a print out of an email:

*******

Subject: official APM Bulletin Monday 2/1/10,

From: Philip Clark

To: Ken Thesing, Lonnie Vernon, Lance Roberts, Gary Brockman and Isaac Clark.

 

I find it difficult to keep from giggling when the prosecution asks what the email for Lonnie Vernon is, and the response is [email protected].  There are many ways to describe Lonnie Vernon. Let’s just say that ‘happy n buzzy’ are not adjectives I would have chosen.

The email talked about the “breakdown and cleaning of the main weapon,” malfunction drills and emergency reloading. Reaffirm battle zero using a “lead sled” at a private run on Chena Hot Springs Road. Follow up at home.”

Coleman Barney seems to always have some assortment of family and friends in the courtroom. Today, one woman in Barney row was reading a soft-covered leather Bible with lots of colored sticky tabs to mark passages. She seemed to not be paying attention to what was being said, at least for a time.

The next piece of evidence was handwritten notes on stationery from the Alaska Millenium Hotel –

Training & certs

APM familiarity

First aid & medical

Salute deals with enemy

Activity

Size

No response

Artillery

Damage control

Winter survival

E1-3

Phase level training 123

“Develop a good Book”

Light infantry tactics – book

Comm security comsac

Tactical mind set self taught strategy

Special opps – Think tactically

Militia Air – private carriers

 

458-****

3 guns

Ruger SKS Ruger revolver

 

Next was a purple notebook

There was a page with a sticky note about military radios “perfectly clear for miles.” Then a page that said:

Loyalty Discipline Spirit and Drive

That and my rifle will keep me alive

Motto 1^st marines Pennsylvania 1778

 

Millenium Hotel – Bill Fulton Drop Zone

(Names and phone numbers.)

 

****I had to leave to attend a meeting, and was able to return about an hour and a half later*****

When I came back in, MJ Hayden was making a motion. “I move for a mistrial,” she said. (!) Clearly, I missed something! Apparently, during Agent Copper’s testimony, despite having an agreement with the government, one of the prosecutors had indeed asked, “Do you know if this is an automatic weapon or not?” I assume this was regarding the sten gun that was the topic of discussion earlier.

“The government intends to offer videotapes of Cox firing an automatic weapon,” she said. The jury is going to associate Vernon’s sten with Cox’s sten, she worries.

And the answer from Copper was hearsay, and “highly prejudicial” Hayden said.

“It was an unfortunate question,” the Judge said, sounding very much like a dad who just told his kid not to back into the mailbox, and five minutes later he backed into the mail box. “But the agent’s answer didn’t indicate whether it was or was not an automatic weapon.”

The jury returns.

Nelson Traverso for Schaeffer Cox is first up to cross-examine the witness. He’s definitely grumpy, and there is a back-and-forth with her that feels like watching someone trying to nail Jell-O to a tree.

Starting with Traverso:

“Is there anything illegal about owning firearms?”

“I’m not privy to the person’s criminal history.”

“Assuming no prior felony conviction, is there anything illegal?”

“I’m not an expert on the legality of each firearm.”

“Is there anything illegal about getting an official APM Bulletin?”

“It would depend on the contents… but not that I am aware of.”

“Is there anything wrong with people organizing a spaghetti feed?”

“I don’t think I said there was anything wrong with organizing a spaghetti feed.”

“I didn’t say that you said that, I said is there anything wrong with organizing a spaghetti feed.”

This went on for a while.

Is there anything wrong with organizing volunteers? Is there anything wrong with recruiting or training for the militia?  The witness didn’t want to answer yes or no, stating that it would depend what the activities were, what they were organizing to do, etc.

The prosecutor objected saying that Traverso’s line of questioning was “going into opinions, beyond the scope of the witnesses ability to answer, and argumentative.”

The Judge agreed it was starting to be argumentative, so it continued in a lighter tone.

Again, starting with Traverso:

“Is passing out flyers wrong?”

“It depends what they contained. But to my knowledge no.”

“Anything illegal about owning, body armor, or ballistic vests?”

“It depends on the purpose.”

“I assume you can acquire these items on the internet, can’t you?”

“Some items are military grade and cannot be bought on the internet. I don’t know specifically.”

“Which kind are illegal?”

“Everything from a handgun to a nuclear weapon that are military grade. In investigations I’ve conducted, I have dealt with items that are restricted to military use only.”

“A lot of military grade weapons that make it to the market are NOT prohibited.

People buy those things, sometimes because they just have a fascination with it. Do they not?”

“Yes.”

Traverso is finished with the witness.

MJ Hayden is now up presenting defense exhibits, which are a series of photographs of the Vernons’ garage.

“I’d like to draw your attention to the metal shelves.” She talked about a ton of paper products that mostly looked like toilet paper, jars for preserving food, vinegar for preserving food, large cans of green beans, a 20 pound bag of corn meal or flour, can of lard, tools and a chain saw in an orange plastic case.

The Agent couldn’t identify if the item in question was a chainsaw. “I don’t own a chainsaw,” she said. She was not from Alaska, clearly.

Then there was another large supply of paper products – paper towels, and toilet paper. There was a refrigerator with even more toilet paper stored on top of it. By this time we were up to about 6 or 7 of those gigantic bales of toilet paper you get at Costco. Either these people consume a lot of fiber, or they are going to be the last people in Alaska with toilet paper when the government collapses.

The next picture showed another refrigerator/freezer, a wood burning stove, an orange piece of machinery like a bobcat.  Next was a lot of tools, including an air compressor, a vise, nuts bolts in plastic drawers, and assorted hardware items, and welding equipment.

Next is an overall view of garage.  They use a select and magnify feature to show something in shadow at the back of the garage – more toilet paper. Then a truck, with a load of firewood in the back, saw blades, tape measures, carpentry tools, hammers, drills, another giant case of green beans.

There were also MREs. – “Meals ready to eat,” which is military food, freeze dried so that you can use it for many years. You just add water to prepare the meal.

The agent says she just came to participate during the exercise of the search warrant. There were about 10-20 people involved, and the search took over six hours from beginning to end.

“Quite a tedious job, isn’t it?” Hayden asked.

“For some,” said Copper.

“You want to be thorough. You don’t want to miss anything.”

“No, we don’t.”

On to paperwork:

*******

Team leader Sgt. Vernon

Report by end of month – summary of activities

Keep log of weekly phone calls

Report on practice activities 1 to 2 hours together

Weekly contact of more often as needed

1 get together per month

If there are members who are no longer willing to participate, recommend they be removed to inactive.

 

“Did you find any summary of activities?” Hayden wanted to know.

“It depends what you mean by ‘activities.’”

“Did you find phone call records?”

“I didn’t read every paper.”

“Is it true that names on this list are state court judges?” Hayden asked, with special emphasis on “state.” I’m wondering if, since the state charges were dropped due to Alaska’s privacy clause in the state Constitution, but the federal charges stuck, if the jury will be asked to disregard any indication that this crew may have been targeting state judges, and must only consider the federal judges…

“I’m from Denver. I don’t know.”

(Aha! I was right. No way an Alaskan cannot recognize a chain saw in a case.)

“You didn’t find any hand grenades did you?”

“I do not recall any being found.”

“Did you or anyone else find any hand grenade bodies?”

“I don’t recall any found in the home.”

“Fuses?”

“Don’t recall finding any fuses to a hand grenade.”

“Did you find hornets nest canisters? CS canisters? Grenade launchers?, etc.”

“Yesterday you spoke of finding over 1200 rounds of ammunition. Is there any restriction on the amount of ammunition you can legally own?”

“To my knowledge, no.”

A picture of toilet paper is flashed on the screen.

“Did you have an understanding of how many people lived in the home?”

“Two.”

“Is that a lot of toilet paper for 2 people?”

I had a little mind movie of standing and calling out, “Objection! Calls for speculation, and is outside the scope of the witness!”

Next was another hand-written piece of paper:

Security team

1) rifle, pistol armor, grenades, radio comm.

If an agent draws down on Schaeffer, Mary or Judge Bettels – shoot him.

Use grenades to stop (…).

 

Next witness is Josh Moore – statewide drug enforcement. SWAT team.

Lots of questions about a trailer he was assigned to locate. It was found in Fairbanks in the parking area of the Ice Park in Fairbanks (where the annual ice carving competition is held).

Exhibit 330 is a photo of the trailer. It’s big with what looks like a full-sized door on the side. It was parked along the wooded area between two entrances. It was ultimately taken to the Fairbanks Airport police and fire station.

Is there a connection between vehicle you were searching on 3/11 and this trailer?

He went on to talk about a black Dodge pickup truck (presumably Coleman Barney’s truck we saw the other day) and how there was split birch wood in that truck, and also split birch wood under the tongue of the trailer to keep it from sinking into the snow. Also the hitch on the trailer had a larger than average ball on it – a 2 ¾ or larger one. The trailer and hitch on the Dodge pickup matched up.

He also searched the truck of Lonnie and Karen Vernon. There were pictures of a cell phone (appeared to be a Blackberry) and a hand gun found under the center console of the truck, nestled in a plaid yellow blanket.

Then, a picture of a nylon pouch containing ‘stripper clips’ filled with ammunition, an SKS rifle found in the rear seat. It has a folding stock, which folds up to make a weapon shorter so it can be used in tighter quarters. It was loaded.

Stripper clips are preloaded with ammunition, and can be used to reload the rifle quickly.

A big white box is taken to witness stand. It’s the rifle in question that was found in the rear seat. Also a set of gloves, and a scope on the rifle. There’s a fiber optic thing for aiming. Moore describes in detail how everything works. The judge tells him not to point the firearm at the jury.

Just when you thought we were finished with firearms, back they come.

“The forestock covers the gas operating tube in the barrel, that has mounting points for different types of accessories. The front sight flips down so you don’t get it in the way of the optic. You can use it if the optic fails. It also has rear site. The holes allow for the dissipation of heat. As you fire a high-powered rifle, and put repeated rounds through the barrel, these holes allow for the dissipation of heat.” He puts the gun back in box.

More pictures of ammunition, and another rifle.

Next are three sheets of paper. Hayden objects to their relevance. Dooley and Traverso join the objection. The Judge reads them and says they may be admitted.

*******

The Oath Gmail  karenvernon happynbuzzy @********.com (Maybe Karen and Lonnie share the email? Maybe Karen is happynbuzzy.)

Sons of Gad 3-day will begin Jan 14 @ 6pm and end Sunday the 17^th. Meals and lodging are provided but we will split the cost of food 20 ways.

Items to take:

Local uniform tan carharts black bd belt $60 uniform shirt

AR15

5 mags

100 rounds

sleeping bag

cover

cup spoon plate

 

Overwhites BDU multicam

order

plate carrier w/ plates

kevlar helmet

camelback

snack food pouch

Molly gear as needed – (The witness explains that Molly gear is accessories that you hang on a molly vest that you’d buy at a tactical store. The backs weave into the webbing and snap to pouch so you can interchange types of gear.)

From the Liberty Bell system

This one appears to be his renunciation of citizenship of the fake, corporate United States as he sees it.

The United states for America

Certificate of political (…)

I, Lonnie Gene Vernon, state under penalty of perjury under the laws of USA (…)

I hereby declare on oath that I absolve and renounce all allegiance to any foreign (…) including any allegiance to, or to be clothed with the fictional status of US citizen or citizen of the US as a misnomer declared in the (…) by congress and amended including 42 USA (…)

(…)…which are not laws of the US and any such use for the status of a “citizen” of the United States is under the law of necessity that I have never knowingly willingly or intentionally waived any of my unalienable Rights and Birth Rights (…) secured in the Constitutional Republic of the united States….

Dated December 8, 2010

Signed by Lonnie Vernon

Stamp and bar code lower right

There is a similar one for Karen Vernon. Their pictures are in the lower left of their respective documents.

Next is a receipt from Office Max

Karen Vernon’s name is on the receipt and it came from Lonnie’s truck. It is for a self-inking custom rubber stamp that says:

This property is included in my estate (…)

Which falls under foreign (…)

As defined in 26 USC 7781 (a) (31)

$29.99

They will be moving to a different search scene after lunch. The jury is excused. Now we get back to the “Goodbye letters” and whether they will be admitted into evidence.

The judge states that these letters were unmailed. They were stamped and addressed but unmailed. “We’re getting into an issue that may be a side issue or may not,” he said. They all have something to say.

Traverso – As to Cox & Barney, the letter and the assertions by Lonnie Vernon that he has a 26-year battle going on with the IRS is not relative to Schaeffer Cox and Coleman Barney. It doesn’t’ have anything to do with a conspiracy with Cox or Barney. Dooley, Barney’s attorney joins the objection.

MJ Hayden says she thinks it’s clear that the subject matter has to do with his issues with the IRS and Judge Beistline and has nothing to do with this case.

Lamoreaux for the prosecution notes that these letters were found in the truck they drove to the weapons takedown. The first note is written to JR Olson, the government informant, and shows the trust they had with him.

The letters were to be mailed and opened after any event that happened “after they were no longer living.” The contents are similar – thank you for your unwavering friendship and brotherhood, blessings to you and your families, may we not have died in vain.

Judge Bryan says it doesn’t look like the IRS is what they’re talking about in the letter. There is no reference to Judge Biestline. There is reference that Vernon made statements that he wanted to kill law enforcement. Also, there is some dispute going on in the Alaska Court system, and more on Dunn & Bradstreet. The last paragraph refers to the federal government, saying it has become a gigantic “ring of theft and deception” and is “the largest terrorist organization in the world.” It goes on, “We will not freely give our home land or personal property to this coward nor will we lick their jackboots.”

~Jackboots

MJ Hayden says that the letter does reference US District Court judge several times. They are protecting their home from the IRS foreclosure, she argues. They will go down protecting themselves and their home from the overreaching federal government. This has nothing to do with Schaeffer Cox or Coleman Barney, and this case.

Will Bryan admit the “goodbye letters” as evidence?

“Have a nice lunch,” he says.

A cliffhanger! I’ll try to find out today if they were admitted.

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