[
Attorney General Ellen F.
Rosenblum]
oped: Here we go again...another no amnesty argument!
by US~Observer Staff
Albany, Ore. (
US~Observer)
— A travesty and mockery of justice is currently occurring in the
racketeering case against Randy Gray of Albany, Ore. Circuit Judge
Thomas McHill has teamed with a prosecution right out of the “Pit of
Hell” to attempt to successfully prosecute the innocent Gray.
Gray, who is the father of six children and who has an exemplary
wife, is — without question — honest, ethical and, above all: innocent!
On the other hand, McHill and the prosecution, condoned and promoted by
corrupt Oregon Attorney General Ellen F. Rosenblum, are nothing more or
less than hypocritical thieves, keeping all pertinent defense evidence
from the jury.
To me, McHill can be described only as a perverse, filthy whore,
standing on a street corner, infecting unsuspecting clients with AIDS.
In my opinion, Rosenblum is — without question — his pimp. McHill’s
black robe is totally appropriate!
Why in the world would a court and prosecution order Gray’s defense
not to mention the fact that he didn’t believe he was involved in
selling securities? This is exactly like accusing someone of murder and
then refusing to allow that person to state that they didn’t commit
murder. This is a pure police state, fascist action.
Why would the court refuse to allow the jury to know that
co-defendant and career criminal Derek Dunmyer staged the crimes without
Gray’s knowledge? Shouldn’t the jury know that Dunmyer was given a plea
bargain by
Oregon’s corrupt Attorney General’s Office, wherein he
simply had to plead guilty to a misdemeanor crime, with no jail time?
Shouldn’t the jury be informed that the factually dangerous criminal,
Dunmyer, has been allowed to keep his real estate license, issued by the
State of Oregon, and is currently selling property? Shouldn’t the jury
know that this is all part of the agreement, just to get Dunmyer on the
witness stand and commit perjury in front of them, against Gray?
Shouldn’t the jury know that the court is not allowing the defense to
call Gray’s prior attorneys as witnesses — that the attorneys had been
paid to make sure that the dealings between Gray, Whitney and Dunmyer
were all legal and aboveboard? Shouldn’t the jury know that Dunmyer went
to a prestigious Portland, Ore., law firm at the time he was scamming
Gray and the investors? That this firm told Dunmyer that the
transactions were securities and that he kept this from Gray? Why in the
world would McHill and the prosecution want to keep all of this highly
relevant truth from the jury?
Shouldn’t the jury know that during the time Dunmyer was scamming
Gray and numerous investors, Dunmyer was bringing in illegal aliens to
provide dirt-cheap labor on the homes that he was building; that Dunmyer
was using other people’s bank accounts for payroll, in order to commit
tax evasion; that Dunmyer squandered hundreds of thousands of investor’s
dollars on gambling trips to Las Vegas, expensive vehicles, Rolex
watches and a multimillion-dollar home?
Should the jury know that this investigative reporter received a call
two weeks ago from one of the State’s witnesses claiming that
prosecutor Daniel Wendel had called him and threatened him, “scaring the
hell out of him.” According to this witness, if he refused to allow
Wendel to instruct him on what he should say in front of the jury, that
it would be “the worst mistake of his life.”
Wouldn’t the jury want to know that if it convicts Gray, he will
spend years in prison, his family will be completely destroyed and his
life will virtually be over? I have investigated thousands of cases
during my career, and I have never witnessed a more vile, corrupt, “Star
Chamber” trial than the one Gray is being forced to endure.
The legal system, McHill, the prosecution and even Rosenblum call all of this justice. Hardly. I call it pure evil.
One of the greatest evils will be if Gray is convicted, and the
jurors discover the truth. Can you imagine the guilt they will feel when
they discover they aided in Gray’s false conviction? How will they
sleep at night?
You, my readers, have just read the unadulterated truth about the
attempted false conviction of Randy Gray of Albany, Ore. Now, read the
“politically correct” version (in part) of this tragic story…
Judge Tom McHill, Circuit Court of Linn County, is currently presiding over the case
State of Oregon v. Randy Gray.
The defendant was charged in August 2011 with one count of racketeering
involving securities fraud and selling of unregistered securities, to
wit: an investment contract; 16 counts of selling an unregistered
securities (investment contract); and 16 counts of theft. Prosecuting
the case are Assistant Attorneys General Daniel Wendel and Simon Whang.
Securities law itself is intentionally vague and unclear to prevent
unscrupulous members of society from evading securities law and is
designed to catch and imprison any unwary violators. Because of an
Oregon court ruling,
State v. Jacobs, 55 Or App 406, 413 (1981), securities violators are not subject to
mens rea,
or the common law test of criminal liability requiring intent to commit
the crime. Additionally, a defendant’s good faith belief and
consultation with legal counsel are not relevant defenses and are
inadmissible at trial, including in the trial of Gray.
At issue, McHill has ruled on a number of motions that should cause
concern to the public that justice and consistency are not at the
forefront of this judge’s mind or practice. In a motion in limine
submitted by the State in early 2013, the State moved to not allow Gray
to testify that he intended to and did repay lenders for their lost
“investment” funds out of his own pocket. McHill ruled that the crime
took place on Aug. 29, 2008, and nothing that happened afterward was
relevant. He likened the scenario to someone taking a candy bar from a
store, then turning around and taking it back; the crime was committed
when taking the candy bar. The problem with that example is that the
judge
assumed a crime was committed before determining there
was a crime committed.
Additionally, McHill ruled in a pretrial motion that expert witnesses
would not be allowed to testify as to the interpretation of law. On the
first day of Gray’s trial, McHill
reversed his ruling and
allowing the testimony of expert witnesses. Reversing rulings
demonstrates inconsistency, changing the rules of the game favoring one
party over the other and causing hardship on the defense to find an
expert witness with no notice.
Finally, in the pretrial ruling based on the
State v. Jacobs
(1981), the case that prevented Gray from testifying that he didn’t know
he was selling a securities or that he relied on legal counsel, McHill
broadened
his pretrial ruling to include the co-defendants and witnesses. These
inconsistencies and mid-trial rule changes pervert justice and draw into
question whether defendants are truly innocent until proven guilty.
Thus, it seems that Gray has already been convicted of theft and selling
unregistered securities and securities fraud in the case
State of Oregon v. Randy Gray, a clear perversion of justice.
I ask any of my readers who believe in God to pray that Gray is
acquitted. Pray that McHill and the prosecution are promptly punished
for what they are doing. And, equally important, pray that God will
forgive the jury if they are deceived and convict an innocent man.
Read the first article here.