Hollis Wayne Fincher of Arkansas
Sent : Tuesday, August 14, 2007 1:36 AM
Subject : NOW YOUR NOT EVEN ALLOWED TO TALK IN YOUR DEFENSE.
Everyone should be aware of what is happening to Hollis Wayne Fincher of Arkansas. Fincher's case is to the second amendment as Ed Brown's case is to the 4th and 5th amendments.
Wayne Fincher, age 61 (IIRC), is Lt. Commander of the Militia of Washington County, Arkansas ( www.arkansasmilitia.com ). He has done a great deal of legal research and argues that present firearms laws are unconstitutional and that if arms are necessary to a militia for defense, then logically military weapons such as machine guns should be legal. Therefore he assembled a Sten submachine gun and posted his photo on the militia's home page, carrying the fully operational Sten. He has published a legal paper, The Silver Bullet, on this subject.
The BATF brought in a confidential informant, and based on his information they raided Fincher's home and seized several automatic weapons. He was then sent to one of the worst kangaroo courts I've seen. The judge made Fincher testify for an hour in the absence of the jury to see what he was going to say, and then the judge decided he didn't like it, because Fincher was challenging the law rather than trying to claim he had not possessed the weapons. So... well, see for yourselves:
From this article.
Judge refuses to allow militia leader's testimony
FAYETTEVILLE -- Hollis Wayne Fincher's machine gun trial will go to the jury today with the defense having presented no evidence or witnesses to the jury.
The defense rested Thursday after U.S. District Judge Jimm Larry Hendren ruled Fincher's proposed testimony inadmissible.
Fincher testified for more than an hour with the jury out of the courtroom so Hendren could decide if his testimony was admissible.
Hendren has repeatedly ruled the defense can attack the government's evidence but not the law that applies to the case.
A major issue has been whether the Militia of Washington County is a valid state militia for second amendment purposes. Hendren ruled it's not.
The judge disallowed Fincher's entire defense, not just his testimony.
Incidentally, Arkansas Governor Mike Huckabee, a presidential candidate who claims he supports the second amendment, furnished the court with a statement that the Washington County Militia was not an official state militia. On this basis, the judge ruled Fincher had no right to the weapons.
So Wayne Fincher is looking at jail time unless his appeal is successful. A few days after his arrest, the militia building was attacked by an arsonist.