Showing posts with label Ben Sheffler. Show all posts
Showing posts with label Ben Sheffler. Show all posts

Monday, June 6, 2016

Ben Sheffler Reflects On His Time With Interlock Media Covering Kent Hovind Trial


I recently posted a piece that is somewhat of a critical of a short documentary by Interlock Media called Dr. Dino: Creationism, Conspiracy, Conceit - The Politics of Wrath


Although I have concerns about the speculations that the piece concludes with, I also think that there was some great journalism done as part of the effort.  This is a report from Ben Sheffler, who was part of Jonathan Schwartz's Interlock Media team on his part in the coverage.
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This short video beautifully encapsulates Kent Hovind and his 2015 mail fraud trial. While it does give a brief history of Hovind, I think the most interesting parts of the video are the interviews with two of the jurors, because in the end, that's whose opinions really mattered during the trial. I think we were fortunate that we got to interview them, because they were under no obligation to talk. They also knew how hostile the situation had become—security escorting them to and from their cars, being sequestered for lunch, and being the target of several protesters outside the courthouse. Their recount of the jury deliberations was fascinating.

I remember how exciting it was to identify, locate and talk to the two jurors. We started with just some names and numbers, neither of which were actually the jurors'. But one lead led to another, and we eventually reached the right people. Working with limited time, the team sat in a hotel room on Pensacola Beach and began to contact Don Zehr. We had information that he was connected to a local downtown Pensacola business. We searched the Internet for about 15 minutes trying to identify him or his family. We thought we had found the right person and business, but it was after business hours and I didn't think it was worth it to make the call. Never again will I make that mistake, because sure enough his wife answered and led us straight to him.

For Don Camacho, I made the call myself and spoke with his wife, this time just outside the lobby of the same hotel, while the others worked in a nearby conference room. She was very nice and said she'd pass along my request to speak with her husband when he got home. But I had to ask before hanging up the phone if he was the lone juror that likely kept Hovind from getting another prison sentence. To my surprise and elation, she said, with a little chuckle, Camacho was in fact that juror. I couldn't believe it. It was like winning the lottery. Of the 10 other jurors, we happened to have a connection to the one who made all the difference. I could barely contain myself when I went to tell everyone else in the conference room. Later that day, Camacho called us back.  

These jurors obviously wanted to tell their stories, and the way in which we made contact with them—catching breaks—makes it seem like it was meant to be. And apparently, we weren't the only ones who had a connection to Camacho. As the video pointed out, Ernie Land made public on Facebook that he knew one of the jurors, and through process of elimination we thought it must be Camacho.

The verdict for Kent Hovind came March 22, 2015 after eight hours of deliberations. The jury said they were "hopelessly deadlocked" on several charges, including his two mail fraud charges and one attempt and conspiracy to commit mail fraud charge, and they were unable to agree on a verdict. He was found guilty of his contempt of court charge, which came from violating a 2007 court order. properties. Hovind was released from federal prison in July 2015 after serving nearly a decade behind bars.  

Much of Hovind's problems has come from people he surrounded himself with. He sought legal and professional advice from people who have little to no credentials. Glen Stoll, who set up the Creation Science Evangelism trust? He was found by a federal court in 2005 in Washington to have falsely claimed to be a lawyer who sold fraudulent "ministerial trust" plans, which clients believed allowed them to not pay federal income tax or file federal income tax returns. Paul Hansen, Hovind's co-defendant in the 2015 trial and head of the CSE trust? He once sold presentations on filing common law liens for $25 and in 2013 was enjoined by the Supreme Court of Nebraska from engaging in the unauthorized practice of law in which he had been doing. The court said that "Hansen’s conduct is deceptive and poses the type of risk of harm to the public that our unauthorized practice rules are intended to prevent." It seems that Hovind took that risk and suffered for it. Whether he did it knowingly with malice or unknowingly with naivety, I don't think we'll ever know for sure.            

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Ben Sheffler is a free lance journalist in Pensacola.  You can follow him on Twitter @bensheffler

Peter J Reilly wants to be the first tax blogger to give up his day job.  You can help by providing him with content, like Ben has.



Saturday, March 7, 2015

Kent Hovind Trial Day 4 - Owner Of Seized Property Tells Tale Of Threats Abuse And Harassment


Kent Hovind is one of the leading lights in the field of Young Earth Creationism, the notion that there is scientific evidence for a hyper-literal reading of the Book of Genesis. YEC implies that the world is roughly 6,000 years old and dinosaurs and humans must have co-existed.  Nearing the end of a long sentence for tax related crimes, Hovind finds himself on trial this week for fraud and contempt of court related to filings on properties seized in connection with his first conviction.  His co-defendant Paul John Hansen was the trustee of Creation Science Evangelism, Hovind's ministry. Hansen challenges the authority of the government in many areas, including the right to bring him to trial in the federal court in Pensacola.

Abigail Megginson and Ben Sheffler teamed up for this report on Day 4 of the trial.

The Kent Hovind and Paul Hansen trial resumed Friday after a day off, and was highlighted by testimonies from Eric Hovind and multiple Internal Revenue Service agents and the man who had the misfortune to buy from the federal government one of the properties seized from Kent Hovind's ministry.

The prosecution’s attention centered around letters, phone calls and emails that included correspondence with Kent Hovind and Hansen, or mentioned Creation Science Evangelism (CSE) and its properties.

In one instance, Kent Hovind sent a letter to his daughter Marlissa and her husband Paul Dublin, who live at one of the CSE properties. The letter implied that if they testify in court, Marlissa and Paul should say, “I don’t recall,” when asked about any mail and documents received.

Several excerpts of Kent Hovind’s phone conversations, which were recorded as standard procedure for an inmate at the Santa Rosa County Jail, were introduced as evidence.

One call in particular between Kent and his son Eric Hovind on February 13 of this year started off with Eric talking about someone who had just become a Christian. Kent then began implying, through a biblical reference about the apostle Paul’s silence, that Eric should say as little as possible when he testifies in court. Eric immediately stopped him mid-sentence and told his father that the prosecution will use these conversations to slander his character.

In one phone call from Kent Hovind to an unidentified person, Kent said he was told by a Muslim cellmate, whom he described as a legal genius, to go ahead and file lis pendens.

Several email records from Google and MSN were subpoenaed in March 2012, as well as emails from the Federal Bureau of Prisons in July 2013, which concerned the lis pendens, Hansen, God Quest (parent company of Eric Hovind's Creation Today ministry), Creation Today, CSE and the properties in dispute. They were read aloud in court by IRS agent Scott Schneider. Select emails could not be retrieved by Schneider due to the Federal Bureau of Prison’s email system, but Eric Hovind had copied and pasted them and sent them to himself.

Eric Hovind said that he had never met Hansen in person, but had been corresponding with him via email. Hansen became responsible for the CSE trust and had complete legal control over the assets, while Eric had control over the brand and operation.

The prosecution pointed out that Hansen filed liens after his June 1, 2011 indictment on a conspiracy charge. Each and every document and money order was signed by Hansen with no mention of Glen Stoll, who was also part of the CSE trust.

Eric Hovind told the jury he was completely aware of the lis pendens his father was filing. He also stated that Kent Hovind thought the lawsuit he filed in South Carolina would overturn his first conviction, but a sustained objection by the prosecution stopped further comment about the previous conviction.  

The prosecution made clear that Kent Hovind only filed lis pendens on the four properties the government was trying to sell, not any other properties, implying there was intent to disrupt those specific sales.

After the government seized several CSE properties to compensate for the more than $400,000 Kent Hovind owed, Eric Hovind said he and his father disputed about his buying of assets of CSE from the government for Creation Today. Some of those assets included equipment, books, CD’s, websites and promotional rights. Eric jokingly said of the dispute, “Welcome to my family.”

Eric Hovind said he and his family were allowed to stay on the government owned properties rent-free because they kept them maintained, and they weren't to blame for the seizures, which was confirmed by IRS agent Chuck Evans. A July 29, 2009, from the government allowed the sale of some of the properties to the Hovind’s. Eric bought his property for $40,000, Kent Andrew Hovind bought his for $50,000 and Jo Hovind, Kent’s wife, bought hers for $35,000. Throughout this process, Eric said he’s made sure he was receiving good legal and real estate advice.

Anthony Jaworski, who bought the CSE property at 5720 Palafox St, and had subsequently filed a lawsuit against the United States in March 2013 asking for the more than $100,000 he paid for the property to be returned, also testified Friday. In his lawsuit, which was dismissed, Jaworski said he was subject to “threats, abuse, mail harassment and terror,” including a letter from Hansen regarding the legality of his purchase of the property. Jaworski seemed uncomfortable on the stand and said he just wants to sell the property and move back home to Maryland.    

CSE was sold to God Quest in 2007 after Kent Hovind’s first trial in 2006, which then became a 501(c)(3) non-profit organization in July of that year under Eric Hovind. Eric said in court that his father did not withhold taxes from his employees because he considered them missionaries, not employees.

Eric Hovind said his father is 100 percent sincere about his claims of innocence and considering the employees as missionaries. Around this time, Kent Hovind mouthed the words, “I love you,” and pointed to Eric, who was still on the witness stand.

According to testimony, Hansen did not comply with a subpoena for his fingerprints or handwriting samples. Eventually he was fingerprinted by Hayley Lee of the Santa Rosa County Sheriff’s Office--ten rolled, then palm prints. But Hansen wrote “NA under protest” on the card. Then, and even during his arrest at his home in Omaha, Neb., he maintained that officials had to prove his U.S. citizenship. The IRS has not found Hansen to be a citizen of any other country except the U.S.

James Snaidauf, a latent print analyst for the IRS in Chicago since 2008, was brought in regarding Hansen’s fingerprints on a piece of mail. To say that Snaidauf did a thorough job explaining the ins and outs of examining fingerprints to the jury is putting it mildly. He told of the loops, swirls and whorls used to identify fingerprints. These distinctions are created by the ridges which have three levels. Those three levels are then used to more accurately identify the individual.

The prosecution said a search warrant was filed to look into the email accounts of Eric Hovind, Hansen and Marlissa Dublin. However, the search warrant only looked into one of Hansen’s email accounts, pauljjhansen@hotmail.com, and not other varieties that included more “j’s.” Likewise, only one phone number of Hansen's was searched.

Ed Sealock, another IRS special agent who works in Omaha, Neb., participated in the arrest of Hansen on Oct. 23, 2013.  

Several items were found on Hansen at the time of the arrest, including his cell phone, keys, pen, envelope, belt and money, which was folded in half and clipped. Inside the money was a postcard from Kent Hovind, who urged Hansen to “fix it!” referencing either the “for sale” sign on the 5800 Palafox St. property or the lis pendens.

After the jury left the courtroom to go home for the day, Chief U.S. District Judge M. Casey Rodgers had a few words for the attorneys, especially the defense. Judge Rodgers warned Thomas Keith, Kent Hovind’s public defender, on using a Cheek defense and said, “Ignorance of the law is not an excuse for defense.” Keith describes Kent as having “legal challenges,” to which Judge Rodgers replied, “At what point do challenges become defiant?” A Cheek defense, a reference to pilot John Cheek who was prosecuted in the 1980's for tax evasion and not filing income tax returns, is a defense that basically consists of an honest but unreasonable belief in the eyes of the court.

“No matter how sincere [Kent Hovind is], I won’t allow that as a defense,” Judge Rodgers said.

Keith believes that Kent Hovind was acting in good faith when raising legal challenges. He says that there was certainly a lack of criminal and specific intent on the part of Kent Hovind.

On the way out of the courthouse, Keith’s court case files fell off of his tiny rolling briefcase he had stacked them on. This could be a metaphor for what may come for the defense. Will it fall apart as the defense makes their case based on “legal challenges” and sincerity? Or will the defense rise to challenge and come out on top in next week’s trial?



18-year-old Abigail Megginson is an up-and-coming journalist from Pensacola, Florida. She is currently the editor-in-chief of her college newspaper (Pensacola State College’s The Corsair) and is looking to break into broadcast journalism.

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Ben Sheffler is a freelance journalist living in Pensacola, Fla. He's studying psychology at the University of West Florida. You can follow him on Twitter @bensheffler.








Tuesday, March 3, 2015

Little Drama Outside As Jury Selection In Kent Hovind Trial Proceeds Smoothly On Day One

Ben Shefler reporting from the Pensacola federal court house on Day 1 of Kent Hovind trial.

Jury selection was held Monday for the trial of Kent Hovind and co-defendant Paul Hansen. Several people gathered outside the U.S. Courthouse in Pensacola, Fla., to voice their support.



     
Key issues for potential jurors to consider included their religious beliefs, their knowledge and opinion of Hovind's Dinosaur Adventure Land, whether or not they can believe police testimony, and if they had formed any opinions of Hovind by reading newspaper articles about him.  

Chief U.S. District Judge M. Casey Rodgers questioned approximately 10 potential jurors during  individual voir dire.Roughly half of them said they couldn't deliver an objective verdict because of their strongly held opinions.

One woman said she is skeptical of police officers and judges because of an experience she had involving a car accident with a police officer. She said the officer got out of his car and told her the wreck wasn't her fault, but after his supervisor arrived on scene and she was taken to the emergency room, she was ticketed. In court, both officers said they never spoke to her, and the judge didn't question it any further, even after she told her side of the story, according to her.

Some did say they'd be able to look at the facts of the case and put their opinions aside.
 
One woman, who works with the wife, though not very closely, of Thomas Keith, Hovind's public defender, also has an uncle who had tax-related issues. However, she was certain she could remain objective.

Near the end, Judge Rodgers asked the prosecution and defense attorneys if they had any more questions for the potential jurors.

Keith, who hadn't asked any additional questions during the individual voir dire, asked Judge Rodgers if the entire group could be asked if they were physically able to sit for lengthy periods of time and if their hearing and eyesight was good.

Judge Rodgers was taken aback by Keith's question and explained she meant questions regarding the potential jurors prejudices.

The matter was considered because one man, who has a bad hip, had asked for a break earlier in the day, but that was already over two hours into jury selection. It was determined a break in the trial would take place around that time anyway.  

Christopher Klotz, Hansen's attorney, asked Judge Rodgers if all the potential jurors could be asked if they were U.S. citizens and residents. It was clear Hansen urged Klotz to ask the question, most likely what he wanted to ask immediately after court reconvened from a break, when he requested to address the court, to which Judge Rodgers said not now. A court reporter handed Judge Rodgers a form, which she read aloud, that asked jurors under oath if they are U.S. citizens, and the matter was settled.

Hansen again talked with Klotz, and Judge Rodgers said the next question Klotz asks better come from him.

Hansen has filed numerous hand written motions challenging the jurisdiction of the court.  He is clearly dissatisfied with the public defender's refusal to embrace his theories, which are sometimes referred to as Sovereign Citizen.  Hansen has clashed with Judge Rodgers about his representation.  Judge Rodgers has characterized the type of representation he is seeking as being "hybrid".

Hansen continually rocked in his chair and took his glasses on and off. Hovind was more stoic and appeared comfortable and content.

Judge Rodgers was polite and understanding with each person as she asked questions during individual voir dire.

Several Hovind supporters were demonstrating with signs in front of the federal courthouse, but a few were inside the courtroom.  


     
Joshua Tyrone, who's lived in Pensacola on and off since 2000, said he just wants to get more people on the bandwagon for what's right, whether Democrat or Republican.

"I believe that our government and our country are both heading for something it won't be able to change, something very bad," he said. "And I believe if people don’t start standing up for what they believe in, then pretty soon we're not going to have a first amendment, they're going to come and take our second amendment, and pretty soon we're going to be in a soviet/dictatorship where we're just living under tyranny."

Tyrone mentioned that actor Wesley Snipes owed more money in taxes than Hovind, yet he served a much shorter sentence.
 
Snipes served three years in federal prison after being convicted in 2008 of willfully not filing tax returns from 1999-2001. In 2008, The New York Times reported that Snipes had to pay up to $17 million, which included back taxes, penalties and interest.  

"There's several celebrities though, the same exact thing but usually more money that they've been caught evading," Tyrone said. "It's just corrupt."

Louis Charles Geshlider, director of the Tea Party in Washington County, Fla., said only one master can be served, even with a business.

"Your corporation is either owned by the state, or it's owned by Christ," he said. "It's that simple."

Geshlider said he's not here to pass judgement on businesses that find it advantageous to become an agent of the state.

"But when Christ is involved in your non-profit venture such as a church, now you got a problem because you cannot serve the state...and serve Christ at the same time; it doesn't work," he said.

Geshlider points to the eighth amendment, which partly says no cruel and unusual punishment inflicted, as to why he thinks enough is enough for Hovind.

"Isn't this a little harsh?" he said. "Al Sharpton is out running around with $4.5 million allegedly owed, nobody's even bothering him, and (Hovind's) already served 99 months in prison."

In November 2014, The New York Times reported that Sharpton had more than $4.5 million in state and federal tax liens against him and his businesses.

When asked what he knew about Hovind's original conviction Geshider responded.

"I knew that either whoever was advising him, or whatever structures he set up, kind of got him in the same trouble Irwin Schiff got in,"

Irwin Schiff wrote several books and frequently spoke about the entirely voluntary nature of the income tax system.  He is currently incarcerated and will be nearly ninety when he is release in a few years.  The letters from tax professionals that Kent Hovind has indicated that he relied on appear to contain arguments similar to those that Schiff promoted.

There was also one man who was around the courthouse for a time who wasn't there to show support. He went around recording all of the demonstrators without saying anything. His intent is unknown, but one of the demonstrators seemed to recognize him and said he was a demon. The man declined to comment.








Ben Sheffler is a freelance journalist living in Pensacola, Fla. He's studying psychology at the University of West Florida. You can follow him on Twitter @bensheffler.

Monday, March 2, 2015

On Eve Of Kent Hovind Trial - With The Hovindicators Under The Blood Of Jesus At The Red Roof Inn

Wiley Drake is one of the most prominent supporters of Kent Hovind, who goes on trial this morning in Federal District Court in Pensacola on tax related charges.  When Reverend Drake travels he favors the Red Roof Inn.  The preference was originally based on reasonable rates and generally convenient locations.  Then Reverend Drake's wife, who he is confident is now in heaven, pointed out the symbolism of the red roof - meaning that he was under the Blood of Jesus. 

Reporter Ben Sheffler was on the scene last night as the Red Roof Inn in Pensacola as Hovindicators gathered.
From left to right: Ron Brock and Alan Hoyle


Kent Hovind supporters gather before trial begins

by Ben Sheffler


Kent Hovind supporters have arrived in Pensacola, Fla., and are preparing to rally throughout the duration of his trial, which starts today.
 
On Sunday evening, eight supporters gathered at their hotel for a brief prayer time.

Alan Hoyle, who traveled from North Carolina, says Hovind's new charges of mail fraud, which could land him in prison for more than 20 years, are wrong.
 
"It's wrong that they are now trying to trump up new charges when he was doing what anyone should do," he said. "He was just kind of defending himself and sending out a letter, and now they're trying to make charges to hold him longer in prison."

Hoyle is also displeased with the treatment Hovind has received while incarcerated the last eight years for tax related charges.

"People who've done violent crimes get work release...he's not allowed any of that," he said. "That's absurd; that's criminal for that to happen."

Hoyle feels strongly about adhering to the laws of the land because, as a Marine, he took an oath to defend the Constitution against all enemies.
 
"So anyone who goes against and violates the Constitution of the United States, and they're an elected official, number one they committed perjury because they swore to do the same thing, number two it's treason because they're going against our supreme law of the land," he said. "When you do case law during trial and you overlook what the actual Constitution says, then you're putting yourself higher than your position."

Ron Brock, who hasn’t had a permanent residence since 1989, travels the country and lives in his "truth truck." He said he'll be in Pensacola until the trial is over.

"I'm coming over here because it's perfect for putting light on and witnessing for Kent Hovind and the distortion of the law," he said.

Brock doesn't know Hovind and has never talked to him, but he first heard of him through a friend's prayer list. He said he's "ashamed of us who claim to be Christian" because of their lack of both witnessing and support for their cause.
 
"My heart goes out to Kent Hovind that people don’t care any more than this," he said. "What happened to ‘love your neighbor as yourself’?"

Hoyle also expressed his displeasure for what Christians have let happen.

"The biggest problem in America is that the church is the one that's done wrong," he said. "It's not the Congress, it's not the President, even though they're doing evil, but the church has forsaken God and they turned marriage over to the government, they turned other issues over to the authority of the government, which was never supposed to happen because a true believer in Christ follows the Word of God."

As to why new charges have been brought against Hovind, Brock said the government is trying to silence him.

"He's a pain; he's a thorn in their side," he said.

Like Hovind, Brock has also been incarcerated, but for blocking doorways at abortion clinics as part of his work as a missionary to the preborn.
 
"We spent a lot of time where the cops beat us up and threw us in jail. So I've been there," he said.

Both Hoyle and Brock said they are taking their direction from God.

"What has been done against (Hovind), that's been done in the name of 'we the people,'" Hoyle said. "And God has the ability to override those things, but He allows and wants us, His people, to be His representatives and to go with what's supposed to be or go against what's evil."








Ben Sheffler is a freelance journalist living in Pensacola, Fla. He's studying psychology at the University of West Florida. You can follow him on Twitter @bensheffler.