On August 30, 2011, Rick and Terri Reese and their two sons were arrested and charged with 30 gun-related counts including conspiracy, gun smuggling, money laundering and form 4473 violations for knowingly selling guns to Mexican cartel and undercover officer straw purchasers. Nearly a year later, Judge Robert C. Brack tossed out two of the counts due to a lack of evidence lunatpp.org/reese-trial-judge-throws-out-money-laundering-conspiracy-charges/ and the jury acquitted them of 24 counts. On August 1, 2012, Rick and Terri were found guilty of one count each, and Ryin was found guilty of two counts. The guilty verdicts related only to charges related to knowing that they were selling to straw purchasers. In January 2013, Judge Brack granted Rick, Terri and Ryin a new trial after deciding that the government had withheld evidence in the case and violated their constitutional rights. Details of the hearing that led to the trial can be read here lunatpp.org/reese-hearing-motion-for-a-new-trial-2/ which is the first of a 5 part series. The effect of granting the new trial voids their convictions. The judge’s order can be reviewed here scribd/doc/123390298/Reese-Order. Shortly thereafter, Rick and Ryin were released on bond pending a new trial. After the defense attorneys submitted a motion to dismiss the case, lunatpp.org/reese-case-motion-to-dismiss-with-prejudice-march-7-2013/ , the government decided to appeal Judge Brack’s decision granting a new trial. lunatpp.org/reese-case-prosecution-appeals-judge-bracks-decision/. In March, the US Justice Foundation agreed to handle the appeal case for the Reeses, and claimed the Reese case is the most important Second Amendment legal case in America at the moment. By April, Judge Brack ordered the ankle monitors be removed from Rick and Ryin and shortened their curfew hours. They still report in nightly to their probation officer, and seek permission to travel as needed to comply with the conditions of their bond. The government’s briefs to the appeals court had not been filed by this time, but the deadline for them to file was nearing. Status at this point: The government has appealed Judge Brack’s order for a new trial. The Reese attorneys have requested the appeal case be argued orally to appeals court. The Motion to Dismiss the remaining four charges is on hold pending the outcome of the appeals case. The Civil Forfeiture case still lurks in the background. The Reeses have filed a motion seeking return of some of their property so they can pay legal fees, and the government opposes returning any of their property. A new trial is on hold until the two issues are resolved – the appeals case and the motion to dismiss.
Posted on: Thu, 08 Aug 2013 16:53:42 +0000
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