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imperialism2024
Regular Member
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Posted: Tue May 13th, 2008 02:51 am |
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unreconstructed1 wrote: you joke, but it wouldn't suprise me at all. they could always argue that since caffeine is a drug, there is the "influence" and since you were walking on a public sidewalk, you were dangerously close to the road, and since....
It would be more along the lines of:
In our laboratory, we managed to get a person so high on caffeine (using unspecified ingredients as well) that he thought he was driving a car, and began driving into people. Therefore, your drinking coffee while walking down the street is DUI. Which, by the way, is a felony, and you'll be in prison at least 10 years.
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Eagleeye
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Posted: Tue May 13th, 2008 05:30 am |
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imperialism2024 wrote: unreconstructed1 wrote: you joke, but it wouldn't suprise me at all. they could always argue that since caffeine is a drug, there is the "influence" and since you were walking on a public sidewalk, you were dangerously close to the road, and since....
It would be more along the lines of:
In our laboratory, we managed to get a person so high on caffeine (using unspecified ingredients as well) that he thought he was driving a car, and began driving into people. Therefore, your drinking coffee while walking down the street is DUI. Which, by the way, is a felony, and you'll be in prison at least 10 years.
Ugh, my brain hurts just thinking about that one....
Wouldn't suprise me though if some jerkwater town's PD tried to pull a stunt like that.
heck the jerkwater town I grew up in tried something similar to a guy my dad worked for, a dumb rookie cop tried giving the guy a DUI ticket for drinking coffee while driving.
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IdahoCorsair
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Posted: Tue May 13th, 2008 05:59 pm |
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David's getting sentenced today, right? Sad. 
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Eagleeye
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Posted: Tue May 13th, 2008 09:54 pm |
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I hope things turn out well, and he gets at least one pleasant surprise. (an appeal or better)
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Eagleeye
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Posted: Wed May 14th, 2008 12:02 am |
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Posted by FMD on AR15.com (I have no idea how accurate this is)
http://www.ar15.com/forums/topic.html?b=1&f=6&t=507483&page=61
30 Months incarceration,
2 Years probation.
Notice of Appeal filed.
No Idea if this is true or not, thought I should post it just the same.
Last edited on Wed May 14th, 2008 12:03 am by Eagleeye
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deepdiver
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Posted: Wed May 14th, 2008 01:44 am |
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Eagleeye wrote: Posted by FMD on AR15.com (I have no idea how accurate this is)
http://www.ar15.com/forums/topic.html?b=1&f=6&t=507483&page=61
30 Months incarceration,
2 Years probation.
Notice of Appeal filed.
No Idea if this is true or not, thought I should post it just the same.
Daaaammmnnn ... based on what I have been able to glean about the case over the last months I'll just say  and I hope the appeal goes well. It will be interesting to see if he is released on his own recognizance during the appeal or if he will be incarcerated.
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Eagleeye
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Posted: Wed May 14th, 2008 02:47 am |
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More info from FMD on AR15.com
===========================================================
I apologize I didn't post more earlier, I was posting from my phone.
My faith in "The System"™ has been totally crushed.
I had the inside scoop reading the PACER docs from the beginning.
I've read the transcript in full (unable to be in the courtroom for trial).
I've seen BATFE's video.
I've heard both sides of the argument, and listened well to the Judge at the sentencing hearing today.
I fully expected a mistrial, a vacated verdict, or at least some acknowledgement of prosecutorial misconduct. Instead, I heard how the fact that Olofson once emailed "a Vigilante Group" (the Minutemen) makes him a threat to the public. How the fact that he had the gall to open carry a firearm (no law against OC in WI) while trick-or-treating around the children shows his dangerous unwillingness to abide by the State as well as the Federal law. How his talk of citizen sovereignty is proof of his willingness to circumvent the law. How his twenty-some years of Military service was proof of his expertise at MG manufacturing. How the testimony of his "customer" (Kernicki) was to be taken at face value despite the fact that he contradicted himself and recanted on the stand.
I even watched as the Prosecution renewed it's objection to turning over exculpatory evidence based on income tax laws that specifically do not apply to the BATFE. The judge did not dispute this, but in the interest of "fairness" requested that the AUSA turn over anything they had. BATFE presented a single memorandum of regulatory compliance, which the Judge admitted in open court that it discussed Oly/SGW's use of M16 parts in the AR15's they produced for better than a decade.
"No exculpatory content" he said, and sealed the letter. The Defense wasn't even allowed to look at it.
Judge Clevert tacked on 30 hours of community service to each year of the probation based on the trick-or-treating Disorderly Conduct. The Notice of Appeal was filed, and Clevert allowed Bladerunner to report voluntarily for incarceration* based on no history of drug use as well as his exemplary conduct during the trial.
=================================================================
Get a load of this steaming pile of (Emphasis Added)
class="forumText"I heard how the fact that Olofson once emailed "a Vigilante Group" (the Minutemen) makes him a threat to the public. How the fact that he had the gall to open carry a firearm (no law against OC in WI) while trick-or-treating around the children shows his dangerous unwillingness to abide by the State as well as the Federal law. How his talk of citizen sovereignty is proof of his willingness to circumvent the law. How his twenty-some years of Military service was proof of his expertise at MG manufacturing. How the testimony of his "customer" (Kernicki) was to be taken at face value despite the fact that he contradicted himself and recanted on the stand.
class="forumText"
Last edited on Wed May 14th, 2008 02:48 am by Eagleeye
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Bladerunner2347
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Posted: Wed May 14th, 2008 10:19 am |
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| Yep, FMD had it summed up pretty good. I'll be posting from my notes a bit latter on this morning.
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bobcat
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Posted: Wed May 14th, 2008 03:18 pm |
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My thoughts and prayers are with you and your family David.
This is so obviously a miscarrage of justice as there are so many holes in the prosecutions case. Contradictions, misrepresentations, tampering with evidence and even 'legally' hiding evidence helpful to the defense. Sorry to see that yesterday ended the way it did.
Given that the sentence is this short (in court terms), it would certainly seem appropriate for David to be free while his case is appealed. If not, he could actually complete his sentence before it's resolved. -And don't think the jabbuts don't know that. How utterly disgusting.
At the least, this is a bow shot to ALL semi-auto firearms owners that a malfunction can 'legally' be interpreted as an operable machine gun.
At the worst, an innocent man has been railroaded into jail by overzealous and patently dishonest prosecutors supported by a system that has become a perverted joke. I can't explain via keyboard how utterly disgusted and PISSED I am. My faith in the system is fading fast.
If such has been done, Please advise us how to contribute to a fund to assist your family and your appeal.
Last edited on Wed May 14th, 2008 03:19 pm by bobcat
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Bladerunner2347
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Posted: Wed May 14th, 2008 03:47 pm |
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K. These are the facts listed from my notes in the courtroom during the motion hearing and sentencing. They are from what was said by 3 individuals, the Judge, the assistant US attorney, and the defense attorney. Nothing in here is to be taken as a quote since I’m condensing it from around 10 pages of shorthand, although some of it will be nearly identical to what was said. I have already been told by a half dozen attorneys to still keep my mouth shut and not express any pointed opinion other than I am very disappointed at the turn of events as they unfolded. Their reasoning is the high likelihood of this being overturned. This is not to say others can’t speak their opinions and other stories about this can’t be told other individuals involved. More from them later to clear up some of those glaring holes everyone knows is there in this case.
Motions were done in this order:
Disclosure
New trial
Acquittal
As soon as I heard what order the judge wanted to do them in I knew this was going south.
All were denied for the following reasons.
It is not necessary to allege or prove the weapon was modified in any way. No one has alleged or proven that it was, nor has the jury found that it was modified. All that the government needs to prove is that the gun meets the strict statutory interpretation. That it may be a factory gun in a configuration approved by the ATF makes no difference as far as the statue is concerned. As such the government disclosed a single document to the court, one of many we were seeking to have disclosed. The judge looked at it, said it appeared to be a letter to SGW/Olympic arms, that it did seem to discuss the guns being made with M16 parts, but because the idea that it was made that way has no bearing on the statue, and because the jury was not asked to find any changes to the weapon the document was not exculpatory and need not be disclosed. The document was then added to the evidence list and sealed. With that sealed there is no new evidence for a new trial to happen. No one would comment on the covering up of any paperwork under the 6103 tax issue. But the judge admitted the government has not disclosed all possible paperwork to the defense. Video of the gun firing the commercial ammo is played. Judge says a malfunction in a semi can be a MG under the statue. Admits there is no M16 bolt carrier or auto sear in the gun and that the gun was apparently made with the 4 M16 parts it has. Points to his interpretation of it being a MG based on Agent Kingeries testimony and says he could not give any credibility to Mr. Savages testimony because it was all hearsay and second hand as he only spoke with SGW and only read Agent Kingery s report but never tested the gun himself. Moved on to ATF ruling 81-4 and the cocorian case from 88. Both say you have to have an auto sear to have a MG. Points to Agent Kingorys testimony that it does not need a sear to be a MG. We pointed out rulings that it must work properly as a MG as designed and not jam. Judge admits the record indicates the gun will not work all the time but repeatedly jams. Again under a strict reading of the statue is doesn’t matter.
That is the basics on the motions. No new evidence, no new trial. Not void for vagueness because the statue it clear, any gun that goes bang more than once, no other requirements for standardized testing of any sort, or modification to the gun needed.
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Pointman
Regular Member
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Posted: Wed May 14th, 2008 08:54 pm |
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Link to AR15.com where the information was first posted: http://ar15.com/forums/topic.html?b=1&f=6&t=507483&page=61
Well, there you have it, David was officially made an example of. The message is we are now supposed to live in fear of the government, because we don't have Freedom of Speech, nor any way of self-defense and the right to life. David has a great shot at winning an appeal, if he can get it before Obama gets in office, because at that point there will be bigger issues for the government to tackle.
What I can't fathom is how the judge increased David's sentence because in a past case of legal open carry David was charged with concealed carry (because his holster "concealed" part of the gun), and he plead it as Disorderly Conduct. That case was already tried, and now he gets more time for it??? God bless Legba, because he needs it. (And Mike wonders why more people don't OC in WI...)
I also can't believe David is a threat to the public because he sent an e-mail. My God, that makes everyone here a threat to the public, along with everyone on every other gun website, or every person who e-mailed a gun dealer, or everyone who goes to church, because we all know how the government condemns Christianity through public schools.
And not only are we threats to the public, but we're also potential felons, because the ATF might find a way to get anything that's not a revolver to fire more than once. In fact, by using a spring-recoil-contraption a revolver might fire more than once. As Glenn Beck would say, "This is just crazy."
David, by God man, my heart goes out to you and your family. For the rest of us, start sending e-mails to Lou Dobbs, because this case needs to get strong national traction and keep it.
-----
Mr. Dobbs:
It's unconscionable that David Olofson was convicted. What I can't fathom is how the judge increased David's sentence because in a past case of legal open carry David was charged with concealed carry (because his holster "concealed" part of the gun), and he plead it as Disorderly Conduct. That case was already tried, and now he gets more time for it?
I also can't believe David is a threat to the public because he sent an e-mail. Does that make everyone on a gun-related web-forum a threat to the public, along with every person who e-mailed a gun dealer for information, visited a gun-manufacturer's web-site, or everyone who goes to church, because we all know how the government condemns Christianity through public schools?
Are all handgun owners potential felons, because the ATF might find a way to get anything that's not a revolver to fire more than once, and by using a spring-recoil-contraption a revolver might fire more than once? Double-barrel shotguns are known to discharge both barrels at once, so are they machine-guns and their owners felons?
Please continue standing up for the rights of Americans. Law-abiding citizens need all the help they can get.
Last edited on Wed May 14th, 2008 09:09 pm by Pointman
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Eagleeye
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Posted: Wed May 14th, 2008 09:01 pm |
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what a bunch of garbage...
are you still going to be trying to get a appeal? or has that road been blocked?
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Bladerunner2347
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Posted: Wed May 14th, 2008 09:14 pm |
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Ok. On to the sentencing phase. Judge commented on the following things.
My knowledge of the different jurisdictions we have sovereignty. Knowledge of weapons and military training that make me particularly dangerous. Claims I knew the weapon was a MG as per testimony, even though the testimony was recanted and the only statement from me to the local Pd was I know what a MG is and that is not it. Claimed I have ties to vigilantly militia groups. Points to a email between me and the minute men discussing stopping down and helping out someday as proof of the allegation. Points to pdf manual of conversions as proof I somehow meant this to happen. (Thought this was about a malfunctioning gun?) As addition proof I meant this to happen says I wanted Mr. Kerniki to shoot it as an auto, why else would I give him 100 rounds every 2 weeks. Adds that I admit knowledge of FA to the LEO’s. Leaves out the part where I added I don’t have the skill for machining. Talks about a CCW case that was tossed after I produced a video of the gun in the open and a 911 tape with the caller saying it was open carry. Said it didn’t matter if the charge was dropped and that it was openly carried (legal in WI), anyone who carries a gun in public is endangering public safety (LEO anyone?). Especially if children are around. Points to a mystery document supposedly a letter of reprimand from the army. No proof of service was included with this document. ATF says they did not get it from the Army, but found it in the data on one of the hard drives taken. Document claims I destroyed data on military computers, sold or transferred military data to outside militia or terrorist groups, and was AWOL. I have JAG looking into this BS now. Will know more later. Interesting to note this happened at the same time I received an Honorable discharge and AAM for maintaining Army computers and improving unit data processing. Not sure how I can supposedly be doing both things at the same time, but I will find out. Brings up the giving of ammunition is evidence of some kind of illicit profit making on my part somewhere and that I must have been ignoring the law somewhere to do that. Claims all of the above is proof of less than honorable service in the military and willful disregard of the law. Goes over cases showing people who had real MG’s on a first offence and were either given 12 months probation of let off with a deferred prosecution agreement. Says just because it’s done doesn’t mean it should be done in this case, and that an example must be set to deture others from committing the same crime.
End result is a sentence as follows:
30 months confinement (26 served with good behavior).
2 years probation with 30 hours community service each year.
Give DNA
No guns or drugs
$100.00 Special assessment
Points out importance of submission to federal system
Puts on the record that He has no reason to believe I am a flight risk or that I would misbehave in anyway. Says I have been polite and co operative throughout the entire process. As such I am not remanded to custody, but will self report when noticed at my expense.
Notice of appeal was put on the record.
Judge would not issue a stay of execution of sentence at his level; one is being put in for at the next level.
Some other paperwork is being done, not clear on it all yet. When I know more I will post it.
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Bladerunner2347
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Posted: Wed May 14th, 2008 09:20 pm |
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Eagleeye wrote: what a bunch of garbage...
are you still going to be trying to get a appeal? or has that road been blocked?
Appeal is being done with th NRA.
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Pointman
Regular Member
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Posted: Thu May 15th, 2008 01:25 am |
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Bladerunner2347 wrote:Appeal is being done with th NRA.
Since they're the ones that wrote the initial anti-gun laws, it makes sense to appeal to the source.
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Bladerunner2347
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Posted: Thu May 15th, 2008 01:29 am |
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Pointman wrote: Bladerunner2347 wrote:Appeal is being done with th NRA.
Since they're the ones that wrote the initial anti-gun laws, it makes sense to appeal to the source.
Of course...
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massltca
Regular Member
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Posted: Thu May 15th, 2008 02:07 am |
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Eagleeye wrote: I thought Lou's Comments on "Where on earth are the NRA on this" & "So, A Mans's Life is on the line here and they are Playing Games?!?!"
Were Great!
My Jaw nearly hit the Floor.
I know, I was very pleased to hear this. At least some in the media are paying attention to this tragic miscarriage of justice. I hope this goes all the way to the Supreme Court if necessary to win this man his freedom.
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Eagleeye
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Posted: Thu May 15th, 2008 06:18 am |
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Pointman wrote:
What I can't fathom is how the judge increased David's sentence because in a past case of legal open carry David was charged with concealed carry (because his holster "concealed" part of the gun), and he plead it as Disorderly Conduct.
Say What? 
Back to Bladerunner2347's Post.
In all this is like something out of 1984.
At least your Appeal was Filed, but there is something obviously amiss if those comments are anything to go by.
Hopefully you can get your appeal "Before" you have to report for Incarceration and this steaming pile of ___ is overturned.
This is just crazy.
Edit to Add:
The Lou Dobbs Page covering this has been Pulled, no clue why, but the videos are still there and I can post links if anyone needs them.
Last edited on Thu May 15th, 2008 06:22 am by Eagleeye
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Bladerunner2347
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Posted: Thu May 15th, 2008 03:14 pm |
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Eagleeye wrote: Pointman wrote:
What I can't fathom is how the judge increased David's sentence because in a past case of legal open carry David was charged with concealed carry (because his holster "concealed" part of the gun), and he plead it as Disorderly Conduct.
Say What?
Back to Bladerunner2347's Post.
In all this is like something out of 1984.
At least your Appeal was Filed, but there is something obviously amiss if those comments are anything to go by.
Hopefully you can get your appeal "Before" you have to report for Incarceration and this steaming pile of ___ is overturned.
This is just crazy.
Edit to Add:
The Lou Dobbs Page covering this has been Pulled, no clue why, but the videos are still there and I can post links if anyone needs them.
Appeal is not filed yet; the notice was just put in. We have to wait for this case to be filed before we can fie the appeal, briefs, or even the stay on the execution of sentence. Fair chance that will be granted. If not then yes, I'll have to wait behind bars until vindicated.
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Bladerunner2347
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Posted: Thu May 15th, 2008 07:57 pm |
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http://www.radioamerica.org/POD_ggl.htm
G. Gordon Liddy podcast, just hit the web.
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