Hansen and Hovind are still not out of the woods as they were found guilty of contempt of court in March and face sentencing on that.
Here is the text of the motion.
Document #194
Filed May 16, 2015
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
FOR THE NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
UNITED STATES OF AMERICA
v. CASE NO. 3:14cr91/MCR
KENT E. HOVIND and
PAUL JOHN HANSEN
PAUL JOHN HANSEN
GOVERNMENT’S MOTION TO DISMISS COUNTS ONE, TWO AND FOUR OF THE SUPERSEDING INDICTMENT WITHOUT PREJUDICE
COMES NOW the United States of America, by and through the undersigned Assistant United States Attorney, and files this Motion to Dismiss Counts One, Two, and Four of the Superseding Indictment Without Prejudice pursuant to Federal Rules of Criminal Procedure, Rule 48(a).
1.
On May 11 and May 12, 2015, the government received the defendants' motions to dismiss. (Docs. 180 and 184).
2.
The defendants' motions to dismiss were filed beyond the deadlines previously set by the Court for the filing of such motions.
3.
The defendants' motions raise issues regarding the technical sufficiency of the Superseding Indictment, including the adequacy of notice. (Docs. 180 and 184).
4.
Due to the issues raised by the defendants, and the timing of their motions, the government respectfully moves to dismiss Counts One, Two, and Four of the Superseding Indictment without prejudice, pursuant to Rule 48(a) of the Federal Rules of Criminal Procedure.
The government submits that the relief sought is in the interest of justice.
As the government's motion is made prior to trial, the defendants’ consent is not required. Rule 48(a) provides, The government, may with leave of court, dismiss an indictment, information, or complaint.
The government may not dismiss the prosecution during trial without the defendant’s consent.
The “leave of court” requirement has been interpreted to support the government providing the Court with the reason for its request. United States v. Dyal, 868 F. 2d 424 (11th Cir. 1989); United States v. Salinas, 693 F.2d 348 (5th Cir. 1982); United States v. Cowan, 524 F.2d 504 (5th Cir. 1975).
In Cowan, the Fifth Circuit noted that, The Executive remains the absolute judge of whether a prosecution should be initiated and the first and presumptively the best judge of whether a pending prosecution should be terminated.
The exercise of its discretion with respect to the termination of pending prosecutions should not be judicially disturbed unless clearly contrary to manifest public interest. Cowan, 524 F.2d at 513.
There is a presumption that the government acts in good faith. United States v. Collins, 300 Fed. Appx. 663, 666 (11th Cir. 2008), citing Salinas, 693 F.2d at 352. 5. Therefore, the government moves to Dismiss Counts One, Two, and Four of the Superseding Indictment without prejudice, in the interest of justice, and in order to ensure that the defendants are adequately apprised, with reasonable certainty, of the nature of the accusation.
WHEREFORE, the undersigned Assistant United States Attorney files this Motion to Dismiss Counts One, Two, and Four of the Superseding Indictment Without Prejudice.
Respectfully submitted,
PAMELA C. MARSH
United States Attorney
/s/ Tiffany H. Eggers
TIFFANY H. EGGERS
Assistant United States Attorney
PAMELA C. MARSH
United States Attorney
/s/ Tiffany H. Eggers
TIFFANY H. EGGERS
Assistant United States Attorney
Who says Tiffany Hope Eggers doesn't have a sense of humor as well as a brilliant legal mind in deciding to have the case dismissed, without prejudice!
ReplyDelete"Therefore, the government moves to Dismiss
Counts One, Two, and Four of the Superseding
Indictment without prejudice, in the interest of
justice, and in order to ensure that the defendants
are adequately apprised, with reasonable certainty,
of the nature of the accusation."
-- Tiffany Hope Eggers
Maybe she'll have some additional charges and defendants if she does return with indictments and language more suitable to Kent's and Paul's language skills.
Double Jeopardy and Malicious Prosecution.
DeleteA lawyer you ain't (and neither am I), but a legal mind you also lack. Double jeopardy does not apply unless a trial has been had and "Not Guilty" has been adjudicated. Sorry, Hovindicator, you're wrong again.
DeleteHansen and Hovind complained, out of time, that the indictment wasn't worded to their satisfaction.
DeleteSo, what the problem!
TIffany files her motion and indicates she will try to get the charges re-written, perhaps on Kent's preferred 4th grade level, and see the boys back in court later when they can properly comprehend the charges.
Brilliant play off Hansen's and Hovind's own gimmickry and to the consternation of the alleged legal masterminds hired by Ernie Land and the United States Justice Department.
Not going to happen. You want to continue this PR war with a team that will crush you and awaken the American people? Nobody likes the IRS... We want to abolish it and imprison people like you...
DeleteKeep going - see what happens old man living in a basement getting paid by the IRS... your best bet is to enjoy your grandchildren while you have some years left in you.
"There is a presumption that the government acts in good faith. United States v. Collins, 300 Fed. Appx. 663, 666 (11th Cir. 2008)..."
ReplyDeleteI only have three words for you. You. Satonic. Bastards.
I have four in response, silly Hovindicator. In. a. pig's. eye.
DeleteThe motion is clear that the charges will be filed again because it says "until the defendants are properly notified". Or something to that effect. That means it's in good faith. Thanks to the motions to deny by the defendants the errors that could have been appealed will now be corrected before refilling. This is just fact.
DeleteI was goofin', just pointing out the SIX SIX SIX mark of the beast
ReplyDeleteBoy, whoever you are. And I can guess along with everyone else. Your spiteful filthy language is an embarrassment for all of us Christians who think Hovinds criminal activity is also an embarrassments.
ReplyDeleteHoly Guacamole
DeleteThis is a very interesting turn.
ReplyDeleteMy legal experience is limited to the several years I worked as a private investigator, and as a court appointed expert witness in various criminal trials up to homicides. Based on that the limited background, I would think that Kent Hovind will stay in federal prison for at least another 3 years. The new guilty conviction was for a crime Hovind committed as a prisoner - say goodby to the early release from the 10 year sentence. The new charge was contempt which as I recall carries three to five years.
Kent Hovind had 2 years left on his original sentence, and was found guilty of one new count. That new guilty verdict easily has a sentence of up to 3 years. The time spent during the current trial, Oct. 2014 to now, does not automatically come off of the current, or pending sentences. The sentence for the new guilty verdict does nor necessarily run concurrently with the prior sentence. I would be very surprised if it did.
The hate radiating from the Hovind haters amazes me. It reminds me of how mad Haman became when Mordecia would not bow to him in the book Esther.
ReplyDeleteThe only person to exhibit hatred on this board is you. You quote the Bible freely, but you clearly have nothing but contempt for the teachings of Jesus and what he stood for. (Matthew 7:21-23)
ReplyDelete