Next, Mr. Gorence pointed out that unlike others, undercover agent Danny Ramirez hadn’t been sitting back in the courtroom since he testified. Mr. Gorence reminded the Jury that Ramirez went in to the store on April 20, 2011 and testified that he tried to purchase a fully automatic rifle, which carries a very serious penalty, but Remington refused. Remington told him Ramirez could do it with a kit but Remington declined the illegal act.
Mr. Gorence suggested that if you are a criminal you are all in.
Next Ramirez wanted to purchase a weapon, but his license was expired, but Remington refused to sell to him without valid paperwork. Remington asked him if the only reason he wanted the ammunition was for the gun, and the agent agreed. Remington refused to sell the weapon. Mr. Gorence pointed out that Remington was given a fake ID for a lawful purchase.
Mr. Gorence talked about the next undercover sting on May 19th and told the Jury that this time the government played snippets. He asked the Jury to pay heed to the trained agent Ramirez deal with Ryin negotiation for a firearm. Mr. Gorence reminded the Jury that Ryin didn’t phone up the paperwork, and that Ryin was talking to Ramirez about the weapons, and even asked him if the weapon was for Ramirez, and that if not, Ryin wouldn’t sell him the weapon. Mr. Gorence reminded the Jury that when Ramirez was asked if he thought Ryin was engaged in criminal activity, Agent Ramirez answered no.
Agent Ramirez even went back to the Assistant US Attorney and advised there was nothing going on at New Deal.
Mr. Gorence asked the Jury why he was taken off the case and two women brought in. Mr. Gorence reminded the Jury there was no criminal conduct with Agent Ramirez during the window of opportunity.
Mr. Gorence reminded the Jury that they need to evaluate what defendants said. Mr. Gorence pointed out from their whole lives, and the way they lived, the Jury could get a sense of Rick as a self-made man, not getting any handouts, loyal to his family and that these are American traits.
In Rick’s business practice, he had become the third largest in the State, and was targeted by this Department of Justice. They had no idea. Rick testified he would never put his family in jeopardy. Every sale was just like all the other sales. It doesn’t make sense.
Mr. Gorence urged the Jury to read Jury Instruction #7 which addressed good character and reasonable doubt. He pointed out there is no evidence they had any actual knowledge. The government cherry picked the tapes.
Mr. Gorence moved on to Counts 11-28 and stated these were much easier to resolve and pointed to a transcript from the trial. Schwindler (sp?) and Ramirez already testified the bottom line is the seller doesn’t have to get an export license – it is the exporter’s responsibility. Mr. Gorence pointed out that they never apply because they never knew if the products were going there. But, the government didn’t ask Roman if Roman got an export license. The government didn’t get evidence and didn’t bother to go get that. Mr. Gorence stated it was not the responsibility of the Reese’s; they didn’t take part.
Mr. Gorence stated they were treated like all other customers who purchased; they carried out the purchases to the cars.
Mr. Gorence pointed out that putting ammunition in bags isn’t illegal, but the government alleges that it somehow supposed to impart knowledge that the ammunition would be exported to Mexico. Yet, there was no conduct to get the weapons to Mexico. Only Roman broke the law.
Mr. Gorence explained to the Jury that the Money Laundering Counts had been dropped.
As far as Count 1, the conspiracy charge against Rick Reese, Mr. Gorence pointed out that the government was grasping for something, and that even S/A Huerta (sp?) wouldn’t even call it a huddle.
Mr. Gorence concluded that there is no case. The prosecutor wants a conviction on that, but that is a joke.
Mr. Gorence asked the Jury to find his client not guilty of Conspiracy.
On the issue of the tax returns, Mr. Gorence reminded them of the lengthy discussion with Agent Frye (sp?), the guy with the psychology degree, who is somehow now a financial expert, but isn’t a CPA. Mr. Gorence claimed that Agent Frye always wanted to slant things, and that he wasn’t impartial.
Mr. Gorence stated there were no incriminating documents, and that every one of the receipts was kept. But Agent Frye testified that the 4473 was a false document. He claimed it was a false document because Penny Torres signed as the buyer; however, that wasn’t known until after the fact and there was no evidence the Reeses knew.
Mr. Gorence described Agent Frye as constantly partisan, and asked the Jury who Rick Reese offended in the government to draw this kind of response. Mr. Gorence described this as a political agenda and that is why all this happened.
Mr. Gorence pointed out the government would have the Jury believe that he could go to his accountant with a day planner, not the actual books, to prepare tax returns and that would be good enough for the IRS. He pointed out that the government never even went to talk to the New Deal accountant or issued a subpoena. The government now comes in and suggests Rick lied. Mr. Gorence asked the Jury how could the government could suggest that a day planner (represents taxable income) when you know you need to subtract all the business expenses.
Regarding Rick’s comment involving “Federales”, Mr. Gorence termed it a political expression, and that Rick believes armed people provide a safer environment. Mr. Gorence stated some evil people use guns. The question is, his client (Rick), believes armed persons in that theater would be good.
Mr. Gorence stated it was factually misleading. He asked the Jury to look at the conduct and determine if someone truly had knowledge.
Mr. Gorence concluded that he had tried many cases, and he has done this for a while. He stated the Jury usually gets it. His colleagues were going to address legal requirements, and the Jury will see that the government has utterly failed to prove beyond a reasonable doubt.
Mr. Gorence urged them to find the defendants not guilty from start to finish.