Rick Reese’s attorney, Robert Gorence, formerly a veteran prosecutor in NM, addressed the Jury next.
He thanked the Jury for their time during the past three weeks of trial and expressed great respect for them. He stated his respect for them started in Voir Dire, but the respect goes back much further, all the way back to the “Magna Carta”, which
transfers the power from the State to the people. The power to convict lies with the Jury, not the State. He explained the power to convict doesn’t lay with HSI, the prosecutor, or others, and that this power doesn’t exist in other countries. Mr. Gorence told the Jurors a three week trial is different from short trials. The process is very adversarial and a process of finding truth.
He explained the Constitution says the best way is not to listen to just one side, but to bring forth all of the facts. The Constitution is a very powerful tool and starts with the 6th Amendment – the Right to Confront Accusers in order to get to the bottom of things. Due process didn’t happen in this case.
Mr. Gorence urged them to go thru the evidence and asked what kind of trial it would be if there was only one side. He pointed out that stories changed, there were outright lies, and that nobody could see the Plea Agreement, even though there are expectations of great benefit. He pointed out even the agents financially benefit.
Mr. Gorence reminded them of the testimony of Gonzalez and Schwindler (sp?) from the State Department, and that without that testimony the Jury would not have heard them testify that weapons going to Mexico just need a license. He reminded them of who had the duty to obtain the license – the exporter or the seller, and that it is the people who take them out of the country.
Mr. Gorence reminded them that Agent Pacheco stated under direct that in January of 2009, he knew about Roman and had him under surveillance. Pacheco had the power to confront him. They never even saw him cross the border, and at best, the city limits.
Mr. Gorence stated it was a privilege to represent Rick, and that he has worked hard to bring all of the relevant facts to the Jury so they could make their decision. He urged them to go thru all of the evidence and highlight how the case started, and to direct their prism to certain areas, including biased government testimony.
Mr. Gorence told the Jury the time line is straight forward. In January 2009, Roman was stopped at the border for trafficking drugs and illegals. Mr. Gorence stated it is inexplicable why he wasn’t prosecuted, just like he wasn’t prosecuted before.
He reminded the Jury that the government didn’t even start their investigation until 2010. Penny Torres went into New Deal four times to buy weapons between March 2010 and August 2010, and that isn’t disputed. Terri filled out the paperwork, including the multiple handgun sales report and then called law enforcement (Batts) to pick up the second copy which ultimate gets to ATF. This case started in August 2010.
Mr. Gorence reminded the Jury in December 2010, defendant Torres realized the game was up when the government told her they know she was engaged in criminal activity. She admitted she was a straw purchaser and saved herself with a sweetheart deal and never spent a day in jail.