Northern
District of Iowa -
Another Federal Court
False Conviction?
Cedar Rapids,
Iowa
- Don Washburn of Cedar Rapids was recently convicted in Federal Court
on 10 counts of Wire Fraud and 2 counts of Money Laundering. US District
Court Judge Linda R. Reade stated at the end of the prosecution's case,
"I don't see the scheme to defraud in the first nine counts."
This would make further money laundering charges impossible. She declined
to grant a defense motion to dismiss stating, "Well, I'm going
to let the jury look at it, but I'm going to -- if they come back with
a verdict, I'm going to take a really hard look at this, because I don't
know. So I'm going to reserve ruling and let the jury decide and then
I'll take a look at it in post-trial motions if they return guilty verdicts.
After the jury
returned a guilty verdict Judge Reade switched gears and set sentencing
for May 16, 2005. All those who Washburn was accused of defrauding were
paid back prior to trial and the government's three main witnesses actually
back Washburn. All three have told the court and the US~Observer that
Washburn never had any intention of defrauding them, that the monies
they loaned him were definitely personal loans and they plan to attend
his sentencing, at their own expense, to again testify for him.
Taking a close
look at the original grand jury indictment we are informed that Leonard
West, at the prompting of FBI agent Michael Kitzmiller, lied about a
$100,000 loan between him and Washburn. He reportedly told the grand
jury that the loan was secured with phony bricks of gold. This would
be a blatant lie as the documented loan was secured with a condo owned
by Washburn and the loan was repaid years prior to grand jury testimony.
The FBI knew and possibly the prosecutor's office knew this fact from
documentation they possessed at the time the grand jury was convened.
West mysteriously disappeared before the trial and didn't take part
in it, which is unbelievable.
It should be noted
that once the feds had their original indictment they were able to easily
go back to the grand jury and secure three superseding indictments against
Washburn. The testimony given at trial shows the charges against Washburn
to be frivolous at best. This case is the perfect example of withholding
evidence from a jury. When a jury isn't allowed to hear the "rest
of the story" because of convoluted court rules and obvious collusion
between witnesses (Leonard West and Roy Carver) and law enforcement,
they are left with a deceptive and incomplete picture. Had the jury
in this case heard everything, we have no doubt that Don Washburn would
have been acquitted. Had the FBI been honest from the beginning hundreds
of thousands of tax dollars would have been saved.
Was Assistant US
Attorney Ian K. Thornhill involved or was he relying on the supposed
honesty of his "fact finder," FBI agent Michael Kitzmiller?
In the interest of justice Judge Linda Reade and prosecutor Thornhill
will be provided with a copy of this expository, lead article prior
to sentencing. What will be her response? What will be his response?
Will the judge open a much warranted investigation into the alleged
plotting between Kitzmiller, West and possibly Carver? Deception, collusion
and charges of tampering with, or deceiving a grand jury are obviously
serious accusations and in light of the judges own words on the record
regarding Washburn's innocence, we would hope that she rules in favor
of caution in this case.
Attorney Diane
Marger Moore, daughter of renowned Attorney Edwin Marger and a highly
respected attorney in her own rights has been retained by Washburn to
attend further hearings and file a post conviction case if necessary.
As we go to press the Observer has discovered a new and highly damaging
witness to the fed's case. This new witness who was not known at the
time of trial can absolutely verify the existence and validity of a
stolen ten million dollar check. The idea that the check never existed
was used successfully by prosecutors during trial. Watch our hardcopy
and usobserver.com for updates on our continuing investigation.
The US~Observer
urges anyone with information on this case or the players involved to
contact Edward Snook at: