After a long session without the Jury being present, with arguments over the Judge’s proposed Jury Instructions, Rick continued to testify under direct examination by his attorney.
Mr. Gorence stated that Roman testified that in approximately 2010 Rick showed Roman a 50 caliber weapon and go to the top of a mountain and kill people in Mexico. Rick testified he never said that, and clarified there were times when he took a 50 caliber weapon to the mountain to shoot towards the mountain, but not shoot from the mountain, and never to shoot people.
Rick stated businesses dealt with him as a man of his word. He had a large clientele, which included all kinds of folks, from single women, to families, to law enforcement from all over.
Rick was asked if he recalled Roger Morris testified he had met him at the John Deere, and was very specific it was on August 8th, 2011. Rick recalled this testimony. However, when asked if he recalled this, he had no recollection of this.
He was asked if he was associated with the cartel in Casa Grande; he indignantly responded he was not.
He was asked if he knows any cartel members mentioned by Haggerty; he responded, “I do not.”
When asked if he ever drank and discharged firearms as suggested by Morris*, Rick responded, “No never”, that he runs a range and you don’t drink and handle guns, and he doesn’t permit drinking on the range, and there are no alcohol on range regarding this.
Rick was then shown a portion of his Day Timer from August 8, 2011 and asked to review the entries written on it to refresh his memory of what he was doing that day. The prosecution objected and called it hearsay, and after Mr. Gorence explained to the Judge it was just to refresh his memory, the prosecutor objected again, stating it was to boost his testimony.
Mr. Gorence proceeded to lay his foundation on why Rick should be permitted to reference the day timer to refresh his memory. Rick was arrested on August 30, 2011 and carried his day timer in a leather wallet. He had his day timer with him at the time of his arrest and it was seized from him at that time, as was his wallet. The day timer remained in the custody of ATF until they relinquished custody to Rick’s mother.
Judge Brack allowed Rick to review the day timer, and was asked if it refreshed his recollection of events that occurred approximately 1 year ago.
In response to questions, it was learned that Rick had 14 things noted in his day timer, and there were no entries relating to John Deere.
Rick was asked how well he knew Roger Morris. Rick related he was a customer in the store and worked with Customs.
When asked if he has ever gone shooting with Morris, Rick said, “No sir.”
Questioning returned to October 28, 2010 when Agents Martinez and Valles came to talk to him. Rick stated the day they came to visit he was in the corner of the store where he mounts scopes and was approached by them to ask him some questions. Rick stated he has no recollection of them making an appointment with him for that day. He recalled they had made an appointment the week before, and that he stayed one hour after normal closing times, but they no showed. Rick close the store an hour late. Rick explained he was mounting a scope on a Glock. He was put out and aggravated since he was in the middle of taking care of a customer, and they didn’t make an appointment with him.
After handing Rick a report, he was asked when the last ATF audit he was subjected to was, Rick answered report was dated October 4, 2010.
In response to question, Rick recalled that audit lasted a few weeks. He stated the agents were cooperative and no problem.
Rick continued on with the 10/28 visit and told the agents that he needed to finish tending to his client and told them they could speak to him while he was mounting the scope. However, they wanted to speak to him outside. He stopped working on the scope and went outside for approximately 10-15 minutes to speak with them.
He was asked if he made a comment about needing a subpoena for documents, and Rick stated yes this was discussed. Rick explained at that point he had just gone thru a compliance inspection and was now aggravated. He stated he was happy to give them the documents, but he needed a subpoena for that, and pointed out his wife had already provided all else. He never received a subpoena.
Attorney Gorence reminded Rick about Agent Frye’s testimony and the money that was seized, and asked him what his practice is regarding savings. Rick explained that they had a gun store business and home on one property. He explained they had had the S&L situation in the past, so they decided to hold their cash in pre-’64 American silver coins. A substantial amount of their savings was in tangibles, silver, gold and firearms.
When Gorence asked him to value the tangible savings as of the date of the arrest 08/30/11, Rick replied between the cash, silver and gold, approximately $200,000, which he had accumulated over the past 30 years, and these were kept in ammo cases and stored in the underground storage area for safekeeping.
When asked if Agent Frye stated all that had been seized, Rick answered yes.
When asked if any of his savings was from illegal activity, Rick answered no.
His attorney reminded him that last Friday he had testified he would never put his children and wife in harms way, and Rick responded correct. He elaborated and stated his wife and sons are his most precious possessions. He stated he is 56 years old, has worked long and hard, and would never put them in harms way. He stated as leader of the family he was dead serious about protecting them.
Part 5 will continue with the cross examination of Rick Reese by the Government.