Mr. Gorence pointed out that it doesn’t matter what amount of money is involved in this case, and pointed out that all these agents (sitting in the courtroom) are here watching this case because they have a vested interest in the outcome. Mr. Gorence stated they used a heavy handed search warrant, a swat team, the Albuquerque ATF and other agencies. He pointed out the government tactics were biased to what is going on.

He reminded the Jury that every time the government took Roman out of jail a minimum of 50 agents were needed, including air coverage and State Police. Mr. Gorence stated the government wants them to believe that Roman is some kind of Hannibal Lector who is going to escape, and that is not credible. Mr. Gorence alleged the government knew the real risk was the Cartel would try to pop him (assassinate Roman). Mr. Gorence continued by stating the government took this risk to target a law abiding family. Mr. Gorence described this as “Dumb and
Deadly”.

According to Mr. Gorence, the icing on the cake was during jury selection and the government brought in a consultant from California. Mr. Gorence pointed out the all of the Reese family money has been tied up (seized) by the government and pointed out the defense does not have the money to stack the deck. He also pointed out he thought there was a fair cross section of jurors.

However, he asked them, what was the reason and pointed out the Reeses are not the devil! Mr. Gorence pointed out that Roman made a deal with the devil, but he didn’t have any idea on the Reeses.

Mr. Gorence asked if it was Rick’s politics. Was it because he is a firm believer in the 2nd Amendment? Or is it this government just doesn’t like guns on the border. Mr. Gorence urged the Jury to evaluate this case in context of how the case started.

Mr. Gorence pointed out that there are things that are absolutely true.

Mr. Gorence stated that there is no doubt Penny Torres is a criminal and she purchased weapons four times on behalf of cartel member Roman.  They admitted to this and it did occur at New Deal. It happened. But, he noted, that doesn’t establish criminal liability on the part of the Reeses. Mr. Gorence reminded the Jury that Judge Brack has instructed them to read instruction #19 – adding that it is really the defendants knowingly made a false statement. He clarified that when Penny Torres signed as the true purchaser, the FFL also signs the form, and that it is actual knowledge, not that they should have known or could have known.

With this, Mr. Gorence told  the Jury that they must find the Reeses not guilty of Counts 2 – 10.

Mr. Gorence next addressed the elements of knowledge. He explained a key component underlying the whole case was the circumstance of (not sure what was said). Mr. Gorence explained it was not for mistakes, but for doing something intentionally and willfully. Mr. Gorence explained further that knowledge requires that.

Mr. Gorence recalled that Oliver Wendell Holmes commented on intent, and that to prove intent he stated, “Even a dog knows the difference between being kicked and being stumbled over”. Mr. Gorence stated that this concept is seen all over case law. He asked if any one of the Reese family have actual knowledge.

(It sounded like Mr. Gorence stated next that it is rare proof that someone comes in and says they are doing something illegal.)