Remington was represented by Bernadette Sedillo, an attorney from Las Cruces, NM.
Ms. Sedillo reminded the Jury that at the beginning of the case she told them the evidence would show Remington followed the regulations he was required to while working. Ms. Sedillo informed the Jury all of the charges stem from waiting on customers at New Deal. All ammunition and weapons were legal to purchase and sell in the U.S.
Ms. Sedillo told the Jury they had to determine if Remington acting as a sales clerk constituted proof beyond a reasonable doubt.
Ms. Sedillo reminded them Remington was charged with 6 counts of smuggling and 1 count of conspiracy. She explained they now know what evidence was produced by the government and that there were no allegations of crimes committed by Remington before 2011 and emphasized this was important.
Ms. Sedillo explained Count 13 alleged that on August 21, 2010 that Remington was involved in smuggling firearms. However, Penny Torres testified she never dealt with Remington. She urged the Jury to knock that charge right off.
Ms. Sedillo stated even though all of Penny Torres’ transactions occurred prior to 2011, Remington became a target of the investigation because of Roman’s testimony. It was undisputed that Penny Torres was coached what to say. She was to say she purchased weapons for her uncle on a farm. Ms. Sedillo pointed out that all money was handled prior to her entering the store. She asked why should she have been coached and given money ahead of time. Ms. Sedillo explained the reason – it was an intent to deceive the seller, and that is what happened in this case.
As far as the other counts, Ms. Sedillo explained the Jury was going to hear other than April 20, 2011 that Remington was standing right there. The evidence is that he was standing next to someone. This is not the same thing as committing a criminal act.
Ms. Sedillo explained on April 20, 2011, the only transaction was he sold ammunition lawfully. She noted it was an important operation, only the government who had the ability to video tape, did not video tape the undercover operation. She stated without video there was no way to determine demeanor, body language, or gestures, which the government stated are indicators of a crime. You don’t know this about any of the four or even Roman. Ms. Sedillo pointed out there was only audio, and Agent Ramirez told you that you had to see the body language.
We have the words of Jose Roman, Mrs. Sedillo reminded them.
First, Ms. Sedillo explained, the Reeses didn’t know Roman well enough to know that they had been arrested.
Second, on all the videos, they never address Roman by name. It was always “dude”, or “bro”. They were not on a first name basis.
Third, (not clear) … Roman testified…. talked… to Mexico for weekend to visit family.
Fourth, Roman spoke broken English and he is a lawful permanent US resident.
Fifth, Remington knew he was from Mexico. Roman is throwing out at times comments about Mexico, but it is not a big red flag. He’s visiting his family, or oh, the people in Mexico loves these. Or this is a bad ass gun. Those are not red flags.
Ms. Sedillo reminded the Jury Remington is a young man who grew up in a gun store and from a young age, 13-14, worked there.
Ms. Sedilllo explained that there is a lot of macho testosterone backed conversations. There was laughing and giggling between Remington and Roman. Roman made a lot of ridiculous statement. According to the government it is okay for Roman to make ridiculous statements, but if Remington makes a ridiculous statement, the government’s position is it isn’t ridiculous.
Ms. Sedillo pointed out that one of the comments made by Remington came from ballistics reports.
Ms. Sedillo explained that Remington talked about going into executive protection, but makes a comment about how he doesn’t want to (illegible notes), so let’s send Ryin. Ms. Sedillo explained these are ridiculous comments.
Ms. Sedillo told the Jurors that the government wants them to believe that Remington knew the ammunition was going to Mexico and helped conceal the ammunition in a bag. Yet, Ramirez and Pacheco gave Roman specific instructions to place the ammunition into a bag. Remington was on audio, and they talked about paying first. Remington had already sold them the ammunition. He had no knowledge before the bag that ammunition was going to Mexico. Only after the ammunition was placed in the bag does this come out. Remington is joking that it is a good idea to sell ammo this way. And Remington states this is the first time he’s been asked to do this. Remington comments that he is getting good at this and that it is like cracking eggs. It isn’t until the ammunition is in the bag that Roman told Remington not to worry, it is going to Mexico.
Ms. Sedillo explained that Remington was not talking seriously or literally. Not one thought about it.
Ms. Sedillo told the Jury that Remington denies he sold weapons without a license to export and that he has tried to follow the regulations.
Ms. Sedillo reminded the Jury on April 20, 2011 Roman asked about AKs. Then during the next undercover sting operation on May 19, 2011, Roman asked if they got the underfold (a type of folding stock). Remington told him they couldn’t find those. Roman reminded he was going to (not heard), and Remington answered him that he knew. Remington never even ordered the weapon for Roman.
Ms. Sedillo told the Jury to ask themselves if it was reasonable if they would make comments in jest in response to Roman’s banter. If his comments were in jest, there there is reasonable doubt about the evidence and guilt.
Ms. Sedillo told the Jury there was absolutely no evidence that Remington knowingly helped them illegally obtain weapons. Remington received no benefit, which is different than Penny Torres who got paid to commit crimes.
Ms. Sedillo told the Jury that Jose Roman is a criminal, (an accomplished?) liar, and a thief.
Ms. Sedillo reminded the Jury that even Agent Pacheco testified he didn’t trust Roman. When Pacheco was asked about the house, if he even has a house… Ms. Sedillo paused and stated that we don’t know if Roman has a house after all the meetings and debriefings, Agent Pacheco could not even say if he knew if Roman has a house. If Roman can’t be trusted, then the evidence from him can’t be trusted.
Wording or interactions. On July 29, 2011, the last undercover sting, Roman had a short conversation with Remington. Roman told Remington that he didn’t know how Remington would talk to his father about this. Ms. Sedillo explained this was very telling, and asked the Jury why Roman would say he didn’t know how Remington would talk to his father about this, when supposedly all the Reeses were on board all of the time. Ms. Sedillo explained to the Jury that it was because the Reeses were not on board. Ms. Sedillo hammered in the point that Roman was treated like any other customer at New Deal.
As far as conspiracy, Ms. Sedillo reminded the Jury that Mr. Gorence already covered these charges and whether or not they willingly participated. She added the government has to prove this. First the defendant has to have agreed with at least one other persons to violate the law. She reminded them the Judge read this to them. And she reminded them single defendants can’t conspire with a government agent. She pointed out that the Jury could not say that Remington conspired with Roman, or any of the government agents.
As far as conspircy, Ms. Sedillo pointed out there is no evidence to commit a conspiracy. The government had failed on that element.
Ms. Sedillo pointed out it was the same on the last charge, explaining there was no evidence, no interdependence to show they intended to act for a shared mutual benefit. Remington hasn’t conspired and there was no shared benefit.
In closing, Ms. Sedillo reminded the Jury it has been a long trial. All the lawyers will be back in court again in another trial. But, for the Reese, this is the most important day of their lives.
Ms. Sedillo urged the Jury to find them not guilty.