outward, “Not six or eight?”
“No Sir. Two,” Blackburn said flatly.
Kurt shrugged his shoulders slightly and took another step toward the witness stand, “Are you certain?”
“Very,” Blackburn responded.
Kurt nodded his head as if accepting Blackburn’s response as accurate.
“I’ve read the transcripts from the original trial. Have you made reference to them?” Kurt asked.
“Yes, yes I have,” Blackburn stated.
“Your initial testimony was the same? Two?” Kurt asked as if he knew the answer, but simply sought confirmation.
“Yes Sir,” Blackburn responded as he reached for the glass of water sitting in front of him.
Kurt turned away from the witness stand, and slowly began to take the two or three steps toward the lectern, facing the jury as he spoke, “As an ATF agent, you receive training in regard to law, do you not?”
Blackburn nodded his head, “Some, yes.”
“Training to assure you will follow policies and procedures in accordance with law, and not contrary to it, correct?” he asked as he reached the lectern.
“That is correct,” Blackburn responded as he lowered the glass of water to the platform in front of him.
“Would two requests, with the second response by the defendant being contrary to law, in your professional trained opinion, legally define coercion, inducement, or enticement?” Kurt asked.
Blackburn shook his head and chuckled, “No Sir, it sure wouldn’t. Absolutely not. Asking him twice is not coercion or inducement.”
“Out of curiosity, if that number was six or eight, would it define coercion?” Kurt asked.
After a short hesitation, Blackburn responded as he leaned toward the microphone, “It may.”
“And your lengthy training with the ATF included instructions and training not to badger, coerce, induce, or entice a law abiding citizen to commit a crime, correct?” Kurt asked.
“That is correct,” Blackburn nodded.
“Under oath, the defendant stated he was asked no less than six times. You have stated you asked him twice. According to your earlier testimony, six would define coercion, inducement, and or entrapment, and you merely asked him twice. I’m wondering, are you telling the truth or is he?” Kurt asked flatly.
“Objection!” the prosecutor howled.
“Counsel…” the judge said flatly.
“I’ll advise you not to answer the question,” the judge stated as he turned toward the witness.
The judge turned toward the jury.
“Be it known the witness is under oath and sworn to tell the truth,” the judge said.
“How long was your investigation of the Hell’s Fury?” Kurt asked.
“Two years and one month,” Blackburn responded.
“And in that time, twenty-five months, how many arrests were made?” Kurt asked.
“One,” Blackburn sighed.
“One? A twenty-five month long investigation of an Outlaw Motorcycle Gang, and it only produced one arrest?” Kurt asked.
“Yes,” Blackburn responded as he crossed his arms in front of his chest.
“Did the ATF make a decision not to prosecute the other cases?” Kurt asked.
“There were no other cases,” Blackburn said under his breath.
“You successfully infiltrated an outlaw gang of motorcycle thugs for twenty-five months, and produced this as your only case? Seems more like they were a group of good old boys, not an OMG,” Kurt said flatly.
“Your honor, I object. It appears the defense counsel has chosen to provide his own testimony,” the prosecutor snapped.
“I’ll ask the jury to strike the last statement made by the prosecutor. Counsel, you have been warned,” the judge said as he raised his index finger in the air.
Kurt leaned onto the lectern and pressed his chest onto the platform. Now staring at the ATF agent, he cleared his throat.
Avery slapped my arm and whispered into my ear, “He’s going to make a point. He wants the jury’s attention.”
“In discovery, I requested the voice recording of the conversation on the night of the instant
“No Sir. Two,” Blackburn said flatly.
Kurt shrugged his shoulders slightly and took another step toward the witness stand, “Are you certain?”
“Very,” Blackburn responded.
Kurt nodded his head as if accepting Blackburn’s response as accurate.
“I’ve read the transcripts from the original trial. Have you made reference to them?” Kurt asked.
“Yes, yes I have,” Blackburn stated.
“Your initial testimony was the same? Two?” Kurt asked as if he knew the answer, but simply sought confirmation.
“Yes Sir,” Blackburn responded as he reached for the glass of water sitting in front of him.
Kurt turned away from the witness stand, and slowly began to take the two or three steps toward the lectern, facing the jury as he spoke, “As an ATF agent, you receive training in regard to law, do you not?”
Blackburn nodded his head, “Some, yes.”
“Training to assure you will follow policies and procedures in accordance with law, and not contrary to it, correct?” he asked as he reached the lectern.
“That is correct,” Blackburn responded as he lowered the glass of water to the platform in front of him.
“Would two requests, with the second response by the defendant being contrary to law, in your professional trained opinion, legally define coercion, inducement, or enticement?” Kurt asked.
Blackburn shook his head and chuckled, “No Sir, it sure wouldn’t. Absolutely not. Asking him twice is not coercion or inducement.”
“Out of curiosity, if that number was six or eight, would it define coercion?” Kurt asked.
After a short hesitation, Blackburn responded as he leaned toward the microphone, “It may.”
“And your lengthy training with the ATF included instructions and training not to badger, coerce, induce, or entice a law abiding citizen to commit a crime, correct?” Kurt asked.
“That is correct,” Blackburn nodded.
“Under oath, the defendant stated he was asked no less than six times. You have stated you asked him twice. According to your earlier testimony, six would define coercion, inducement, and or entrapment, and you merely asked him twice. I’m wondering, are you telling the truth or is he?” Kurt asked flatly.
“Objection!” the prosecutor howled.
“Counsel…” the judge said flatly.
“I’ll advise you not to answer the question,” the judge stated as he turned toward the witness.
The judge turned toward the jury.
“Be it known the witness is under oath and sworn to tell the truth,” the judge said.
“How long was your investigation of the Hell’s Fury?” Kurt asked.
“Two years and one month,” Blackburn responded.
“And in that time, twenty-five months, how many arrests were made?” Kurt asked.
“One,” Blackburn sighed.
“One? A twenty-five month long investigation of an Outlaw Motorcycle Gang, and it only produced one arrest?” Kurt asked.
“Yes,” Blackburn responded as he crossed his arms in front of his chest.
“Did the ATF make a decision not to prosecute the other cases?” Kurt asked.
“There were no other cases,” Blackburn said under his breath.
“You successfully infiltrated an outlaw gang of motorcycle thugs for twenty-five months, and produced this as your only case? Seems more like they were a group of good old boys, not an OMG,” Kurt said flatly.
“Your honor, I object. It appears the defense counsel has chosen to provide his own testimony,” the prosecutor snapped.
“I’ll ask the jury to strike the last statement made by the prosecutor. Counsel, you have been warned,” the judge said as he raised his index finger in the air.
Kurt leaned onto the lectern and pressed his chest onto the platform. Now staring at the ATF agent, he cleared his throat.
Avery slapped my arm and whispered into my ear, “He’s going to make a point. He wants the jury’s attention.”
“In discovery, I requested the voice recording of the conversation on the night of the instant
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