MOTION to Produce Statements by USA as to Hollis Wayne Fincher. (Johnson, Wendy) (Entered: 12/29/2006)
MOTION for Disclosure of Evidence by the Defendant by USA as to Hollis Wayne Fincher. (Johnson, Wendy) (Entered: 12/29/2006)
NOTICE of Government's Intent to use Rule 404(b) Evidence by USA as to Hollis Wayne Fincher (Johnson, Wendy) (Entered: 12/29/2006)
MOTION in Limine to Preclude Defendant From Arguing Matters of law to the Jury by USA as to Hollis Wayne Fincher. (Johnson, Wendy) (Entered: 12/29/2006)
Please see http://usvfincher.110mb.com/docket/ for details and PDF copies of filings.
Sunday, December 31, 2006
Saturday, December 30, 2006
Government Wants to Limit Arguments in Machine Gun Case
FAYETTEVILLE -- A man charged with possessing illegal machine guns shouldn't be able to make constitutional arguments at trial, according to a motion filed Friday by federal prosecutors.
Hollis Wayne Fincher, 60, a lieutenant commander of the Militia of Washington County, is charged in U.S. District Court with possessing three homemade, unregistered machine guns and an unregistered sawed-off shotgun.
Trial is set for Jan. 8 in Fayetteville.
Assistant U.S. Attorney Wendy Johnson filed the motion asking U.S. District Judge Jimm Larry Hendren to preclude Fincher and his attorney, Oscar Stilley, from arguing matters of law to the jury as a defense. The government believes Fincher wants to argue the gun charges are unconstitutional and that the prosecution must prove an "interstate nexus" for the firearms, according to the motion.
The government is arguing that it is the court's role to decide matters of law and to instruct the jury. The jury's role is to then determine and apply the facts to the law as instructed by the court. The jury has no role in deciding legal issues, according to the motion.
The government also wants the court to order Fincher to disclose items the defense intends to use as evidence at trial, the results of any physical or mental examinations or experiments to be used at trial and provide written summaries of witness testimony the defense intends to use.
Fincher was also put on notice Friday that the government intends to present evidence about additional firearms found at Fincher's home or at the "Militia Headquarters" during the execution of search warrants.
More at The Morning News.
Friday, December 29, 2006
Letter from Wayne Fincher
From the Sebastian County Jail
[In response to AFV editor’s request, this is a day in the life of Hollis Wayne Fincher inside the Sebastian County jail.]
I am doing OK here in jail. It’s not where I want to be, but it’s where I am and I try to make the best of it.
The temperature is pretty constant, probably near 70 both day and night with a few warmer and cooler spots here and there, but no problem.
The light after 10 o’clock [PM] is subdued and about 6 o’clock [AM] it is turned on bright all day and is OK for reading or writing. About 7, we are let out of our cells for breakfast, which might be about a cupful of oatmeal or grits and a piece of bread, some gravy and a tablespoon of margarine, a half pint of milk and some about 50% strength coffee. We go back to our cells for a while and then may be let out for maybe an hour, more or less, and then back to our cells until dinner at about 12 [noon].
Dinner might be some macaroni or beans or peas or sometimes a hamburger (a bun, a piece of meat and a slice of cheese with a tablespoon of mustard) and a small dessert.
A typical dinner might be maybe a half cup of salad or chopped cabbage, some beans, some margarine, two slices of white bread and some kind of meat with a small tub of applesauce and some tea.
After dinner we are sent back to our cells until about 2 [PM] or so, then let out again for a half hour to over an hour and then back to our cells until supper at about 5 [PM] for 30-40 minutes, and then back to our cells until morning.
While the food varies from day to day, it remains pretty much the same. On a scale of 1 to 10, I would say that it is about a 5. It is not bad food, but there is nothing much to complement it for. The food is supposed to be 2000 calories a day, but some days, I doubt if it makes it. Some days it might be a little more.
The bedding is like the food – adequate, but no more; an wool army blanket, a bed sheet and a cotton mattress about 30 inches wide and about 3-1/2 inches thick. Showers are open every day and you can shower nearly every day with a bit of luck. Soap, a toothbrush, toothpaste and toilet paper are provided. Other supplies can be bought at the commissary. Every one complains about the prices. I only buy a few things; paper, stamps and a very few other things. I buy no food.
We can attend in house church a couple of times a week, sometimes more. I talk to other prisoners about their need for Jesus to save them. Some take heed and are willing to listen and some go to their cells and pray. I have a Bible. Most anyone who wants a Bible can get one with out much trouble.
It is somewhat unpredictable using the phone. There are three phones for about 50 prisoners. The phones are open at meal times and the timeout of our cells, but it is a real hassle to use one with any regularity or dependability. In the visitation rooms the noise makes coherent conversation nearly impossible to take care of family needs and the 15 minute time limit is a contemptible mockery of compassion for the families of prisoners who sometimes have to travel quite a distance from home to visit their loved ones.
To sum it up, the jail is designed to provide a place to hold prisoners at the least amount of cost to the county, at the lowest acceptable level under the law.
Dear Loretta, I saw Linda for a few minutes today and she said things were looking very good, but could not elaborate.
Loretta, you and Paul and Teresa Dramer and many others are the light that shines into the darkness of tyranny.
I pray that God blesses you all and please continue to pray for me.
Yours in Jesus Christ our Lord
Wayne Fincher
Source: American Family Voice news, P. O. Box 127, Russellville, AR 72811; 479-880-2026; americanfamilyvoice@yahoo.com; Subscriptions: $25/yr
[In response to AFV editor’s request, this is a day in the life of Hollis Wayne Fincher inside the Sebastian County jail.]
I am doing OK here in jail. It’s not where I want to be, but it’s where I am and I try to make the best of it.
The temperature is pretty constant, probably near 70 both day and night with a few warmer and cooler spots here and there, but no problem.
The light after 10 o’clock [PM] is subdued and about 6 o’clock [AM] it is turned on bright all day and is OK for reading or writing. About 7, we are let out of our cells for breakfast, which might be about a cupful of oatmeal or grits and a piece of bread, some gravy and a tablespoon of margarine, a half pint of milk and some about 50% strength coffee. We go back to our cells for a while and then may be let out for maybe an hour, more or less, and then back to our cells until dinner at about 12 [noon].
Dinner might be some macaroni or beans or peas or sometimes a hamburger (a bun, a piece of meat and a slice of cheese with a tablespoon of mustard) and a small dessert.
A typical dinner might be maybe a half cup of salad or chopped cabbage, some beans, some margarine, two slices of white bread and some kind of meat with a small tub of applesauce and some tea.
After dinner we are sent back to our cells until about 2 [PM] or so, then let out again for a half hour to over an hour and then back to our cells until supper at about 5 [PM] for 30-40 minutes, and then back to our cells until morning.
While the food varies from day to day, it remains pretty much the same. On a scale of 1 to 10, I would say that it is about a 5. It is not bad food, but there is nothing much to complement it for. The food is supposed to be 2000 calories a day, but some days, I doubt if it makes it. Some days it might be a little more.
The bedding is like the food – adequate, but no more; an wool army blanket, a bed sheet and a cotton mattress about 30 inches wide and about 3-1/2 inches thick. Showers are open every day and you can shower nearly every day with a bit of luck. Soap, a toothbrush, toothpaste and toilet paper are provided. Other supplies can be bought at the commissary. Every one complains about the prices. I only buy a few things; paper, stamps and a very few other things. I buy no food.
We can attend in house church a couple of times a week, sometimes more. I talk to other prisoners about their need for Jesus to save them. Some take heed and are willing to listen and some go to their cells and pray. I have a Bible. Most anyone who wants a Bible can get one with out much trouble.
It is somewhat unpredictable using the phone. There are three phones for about 50 prisoners. The phones are open at meal times and the timeout of our cells, but it is a real hassle to use one with any regularity or dependability. In the visitation rooms the noise makes coherent conversation nearly impossible to take care of family needs and the 15 minute time limit is a contemptible mockery of compassion for the families of prisoners who sometimes have to travel quite a distance from home to visit their loved ones.
To sum it up, the jail is designed to provide a place to hold prisoners at the least amount of cost to the county, at the lowest acceptable level under the law.
Dear Loretta, I saw Linda for a few minutes today and she said things were looking very good, but could not elaborate.
Loretta, you and Paul and Teresa Dramer and many others are the light that shines into the darkness of tyranny.
I pray that God blesses you all and please continue to pray for me.
Yours in Jesus Christ our Lord
Wayne Fincher
Source: American Family Voice news, P. O. Box 127, Russellville, AR 72811; 479-880-2026; americanfamilyvoice@yahoo.com; Subscriptions: $25/yr
Support for Wayne Fincher
FOR IMMEDIATE RELEASE
TO: News Editor
FROM: Wayne Fincher Defense Organization
SUBJECT: Support for Wayne Fincher
Family and friends of Hollis Wayne Fincher have formed an organization, The Wayne Fincher Defense Fund, to help secure the support and finances Fincher needs to fight alleged federal gun law violation charges.
Fincher, an officer of the Arkansas Militia, was subjected to a “no knock” warrant search on November 8, 2006 and was arrested for having in his possession an alleged illegal fully automatic weapon and a shotgun with a shortened barrel. A “no knock” warrant allows polices agencies to enter premises in any manner they see fit and conduct a search before the warrant is made available to the persons under suspicion.
In all 14 such searches were conducted on other members of The Militia of Northwest Arkansas. Although many of the other searches resulted in the confiscation of more alleged illegal weapons, no other person was arrested.
Fincher is currently being held in the Sebastian County jail and will remain there until his trial which is scheduled to be held on January, 8, 2006. Fincher was incapable of providing the money for his bail which was set at $250,000.
Fincher’s supporters maintain that Fincher has the constitutionally guaranteed right to “bear arms” and is not guilty of breaching any Constitutional law.
On Fincher’s behalf, his supporters are trying to raise awareness of his ordeal and are disseminating yard signs and bumper stickers with the simple message, “FREE WAYNE”.
In addition, Fincher’s supporters are soliciting donations to cover the expenses of Fincher’s legal defense and those his family will incur during his incarnation.
Others who would like to help may call 1-479-251-9639 to volunteer or mail checks payable to “The Wayne Fincher Defense Fund” at 2225 North Mockingbird Lane, Fayetteville, AR 72703.
TO: News Editor
FROM: Wayne Fincher Defense Organization
SUBJECT: Support for Wayne Fincher
Family and friends of Hollis Wayne Fincher have formed an organization, The Wayne Fincher Defense Fund, to help secure the support and finances Fincher needs to fight alleged federal gun law violation charges.
Fincher, an officer of the Arkansas Militia, was subjected to a “no knock” warrant search on November 8, 2006 and was arrested for having in his possession an alleged illegal fully automatic weapon and a shotgun with a shortened barrel. A “no knock” warrant allows polices agencies to enter premises in any manner they see fit and conduct a search before the warrant is made available to the persons under suspicion.
In all 14 such searches were conducted on other members of The Militia of Northwest Arkansas. Although many of the other searches resulted in the confiscation of more alleged illegal weapons, no other person was arrested.
Fincher is currently being held in the Sebastian County jail and will remain there until his trial which is scheduled to be held on January, 8, 2006. Fincher was incapable of providing the money for his bail which was set at $250,000.
Fincher’s supporters maintain that Fincher has the constitutionally guaranteed right to “bear arms” and is not guilty of breaching any Constitutional law.
On Fincher’s behalf, his supporters are trying to raise awareness of his ordeal and are disseminating yard signs and bumper stickers with the simple message, “FREE WAYNE”.
In addition, Fincher’s supporters are soliciting donations to cover the expenses of Fincher’s legal defense and those his family will incur during his incarnation.
Others who would like to help may call 1-479-251-9639 to volunteer or mail checks payable to “The Wayne Fincher Defense Fund” at 2225 North Mockingbird Lane, Fayetteville, AR 72703.
Saturday, December 23, 2006
Fincher Court Docket Posted
The docket for Hollis Wayne Fincher's federal trial can be found online at http://usvfincher.110mb.com/docket/.
It contains links to court documents in the Adobe PDF format.
I will note updates and changes with postings here.
It contains links to court documents in the Adobe PDF format.
I will note updates and changes with postings here.
Thursday, December 7, 2006
Legal Defense Fund and Contact Information
A fund has been established for Wayne Fincher's legal defense. Checks may be sent to:
The Wayne Fincher Defense Fund
c/o Mr. Don Bright
2225 No. Mockingbird Ln,
Fayetteville, AR 72703
Wayne may be contacted via U.S. Mail at:
Hollis Wayne Fincher
c/o Sebastian County Jail
801 South A Street
Fort Smith, Arkansas 72901
Thanks to David Codrea and Joe McCutcheon for this information.
The Wayne Fincher Defense Fund
c/o Mr. Don Bright
2225 No. Mockingbird Ln,
Fayetteville, AR 72703
Wayne may be contacted via U.S. Mail at:
Hollis Wayne Fincher
c/o Sebastian County Jail
801 South A Street
Fort Smith, Arkansas 72901
Thanks to David Codrea and Joe McCutcheon for this information.
