Prayer for Juror update

I was told the juror had a serious heart condition and needed to make some critical decisions.  The good news is that his condition is not as serious as his new doctors had thought.  His condition had not changed from his prior results.  He doesn't have to make any critical decision right away.  The juror was told about our prayers and was over joyed to know that so many were praying for him.  Thank You for praying for someone we haven't ever met.

Reply to State's Response to Defendants Motion for New Trial

The trial court has scheduled a hearing at 9:30 am on March 12th to discuss this motion before the sentencing hearing.

Support letters requested

We've finally gathered what we think is the pertinent information for writing letters in support of Randy for the sentencing hearing. 

We have submitted a motion for new trial, and the hearing for that motion is now scheduled for 9:30 am on March 12th just before the sentencing hearing. If the judge grants the motion, there wont be a sentencing hearing.  We believe we have grounds for the motion for a new trial.

We welcome letters to be submitted in support of Randy.

Letters should be to the judge, but they will need to be sent to and submitted through Randy's attorney. These should be written and submitted to us by March 6th. 

Send email copies to:

james_leuenberger@mac.com    and

grayrdL@gmail.com

and mail a hard copy to:
James E. Leuenberger

Attorney and Counselor at Law

P.O. Box 1684

Lake Oswego, OR 97035

The letter should be in business format:

Your name

Your address

Date

(Judge name and Address)

The Honorable Judge Thomas A. McHill

Linn County Courts 
PO Box 1749 
Albany, OR 97321 

Address the judge as Your Honor (with Y and H capitalized)

Contents:

-who you are and what you do

-how you know Randy

-how long you've known Randy

-express Randy's positive qualities, characteristics and give specific examples

-describe hardships he/family/you may experience if sentenced; perhaps mention reasons he shouldn't be sentenced or why there should be a new trial

-anything else you wish to say in your own words, but should keep tone formal and polite, not make disparaging remarks about judge, victims, attorneys, co-defendants, etc.

Sign your name

If you have any questions, feel free to contact us.

State response to Motion for new trial

Prayer for a Juror

You may have gotten an email about this.  If you didn't and want to be on the list please send my your email.

Tonight I just found out that one of the jurors has a medical condition that is threatening his very life.  We have been talking with a friend who was at the trial and knew this juror.  They actually went to the same church.  Our friend was asking that juror to help with one of the church services as a volunteer.  That juror expressed his opinions about my trial without our friend asking.  I think God was working in his heart and he knew that our friend was at the trial several days watching.  The juror asked our friend how he knew the Gray family. 

The juror told our friend about how the jury came to its decision.  The juror told our friend that he didn't think I had intended to take the lenders money.  It was an alarm to our friend why would they say I was guilty of theft.  Our friend called to inform us what they had learned.  I gave our friend the jury instructions and jury verdict worksheet that the Judge had given the jury at trial.  I went over how the jury was to answer the questions on the jury verdict worksheet.  Our friend was amazed how the jury had misunderstood  the jury instructions and completed the jury verdict worksheet incorrectly. 

Our friend got the information from me on Tuesday of this week.  Our friend was going to talk to the juror and ask him to show our friend how they filled out the jury verdict worksheet.  It was our goal not to lead the juror but find out how they made their decision.

Thursday night I found out this juror his having major heart problems.  He has 48 hours to decide how to treat this condition.  His mother had the same issue and had surgery  and died from an infection.  I imagine this must be very heavy on his mind. 

If you have been sitting on the fence and wondering if God is going to answer our prayers, now might be the time to sway you one way or another.  People have been praying that we would be found innocent of the charges.  God has been working and moving in peoples hearts.  I have seen people hurting from the guilty verdict asking God why he didn't answer their prayers.  I believe that God is allowing this guilty verdict because he has more work to do.  I think this is one of those opportunities as a body of believers.  You may think at first I am worried that this man may die and not get to share his response about the jury verdict worksheet.  My first response was fear and tears.  Lord don't let the spiritual battle take this mans life because he may come forward to expose the darkness.  I would rather be guilty and his life be spared.

My plea tonight is that this man be lifted up in prayer and that God would heal him and restore his health.  I ask that his healing come from the power of prayer of the body of believers.  I don't think this connection via this trial was an accident.  God has gone before us all and knew this would happen.  It is up to us to join together and grow in our faith.  It give me goose bumps to write this as I firmly believe this is a spiritual attack on another believer.  I don't even know this man other than he has found me guilty of a crime I don't believe I committed.  Now God has put on my heart to pray and ask all my friend to lift this juror up in prayer.  I can tell you that I am completely willing to do just that.  It reminds me of God's word about how an action was for evil but God was able to use it for good.  I am seeing how the enemy thinks he is taking us down but under estimates how God is always faithful.

I know that a guilty verdict is not a good thing in terms of being removed from my family.  I would like to avoid prison for the obvious reasons.  I appreciate the love, prayer and support that everyone has shared.  I am not worried about my family if God's plan involves me going to prison.  I know God is going to do what is best for our family.  That faith and trust has carried our family through this trial and those to come.  I hope that you grow in your faith and relationship with Christ by watching God work.  Don't be discourage when you don't see God's answer the way we are asking or praying.  Be encouraged that God wants us to pray and seek what is next.  The enemy can beat us down but the can't take away our trust in God unless we let him.

Right now as you finish reading this letter please take time to pray for this juror.  Let this be a story we share with other believers and they are drawn closer to the Savior.

Praise the Lord, He is Good, Who can stand against us when the Lord is with us?  The enemy will bow down one day! 

My strength has been found in Romans 12: 9-21 the day after the guilty verdict.  All of my emotions were answered according to God's word.  I was to not harbor any ill will.  My heart was filled with peace and joy as I knew I could do as God's word instructed.  I was able to pray for those who persecute me. 

Thanks,

Randy Gray

Motion for New Trial

We've been thinking through next steps, and our attorney filed a motion for a new trial. There are specific rules and reasons required for requesting a new trial, but we believe we have a strong case to do so: irregularities in the trial, no evidence to support verdict and error in law. We've attached the motion in case anyone want to read it along with the most current case law on theft by deception.

We'll keep you updated as to the results of the motion. State is supposed to respond within 10 days, but they have never been timely. Hoping to have an answer before sentencing date on March 12.

Jury Instructions used for Jury Verdict Feb 3rd, 2014

These are the jury instructions.  The judge read these instructions to the jury in front of everyone in court room.  He then gave them the verdict worksheet.   

The jury was to understand that a theft had occurred, by definition, that it occurred by deception with intent to defraud on Aug 29, 2008.

I have pulled out the bullet points to show the elements of the law.  You can read all the pages and see the same information.

The prosecution told the jury that I deprived them of their money.  The instructions say that a note payable is of equal value of the money they gave the builder.  The fact that the borrower didn't pay the loan back to the lenders is not a theft.  The state alleged that a theft occurred the same day the loan was made.  The borrower made payments on his loan for the first 4 months.  How could the loan be a crime if borrower was making payments?

I don't understand how the state showed intent that the borrower wasn't going to pay his loan.

I don't understand how the 4th element of theft by deception (Randy Gray acted with intent to defraud and to deprive another of property) was demonstrated or proven beyond a reasonable doubt.

INTENTIONALLY AND WITH INTENT

A person acts "intentionally" or "with intent" when that person acts with a

conscious objective to engage in particular conduct.

When used in the phrase "with intent to defraud and to deprive another of

property" "intentionally" or "with intent" means that a person acts with a

conscious objective to defraud or to deprive another of property.

The defendant's intention or belief that a promise would not be performed

may not be established by or inferred from the fact alone that such promise was not

performed.

THEFT – SPECIFIC PROPERTY

In this case, the state has alleged that the defendant deprived another of

money. You are instructed that the subject of the Aggravated Theft counts is the

investor's specific money, rather than the value of that money.

DEFINITIONS

Deception—does not include falsity as to matters having no pecuniary

significance, or representations unlikely to deceive ordinary persons in the group

addressed.

Deprive another of property—(a) to withhold property of another or cause

property of another to be withheld from him or her permanently or for so extended

a period or under such circumstances that the major portion of its economic value

or benefit is lost to him or her; or (b) to dispose of the property in such manner or

under such circumstances as to render it unlikely that an owner will recover such

property.

Obtain—includes, but is not limited to, the bringing about of a transfer or

purported transfer of property or of a legal interest therein, whether to the obtainer

or another.

Property—any article, substance, or thing of value, including but not limited

to money, tangible and intangible personal property, real property, choses in

action, and evidence of debt or of contract.

Value of an instrument evidencing debt—the value of an instrument

constituting an evidence of debt, including but not limited to a check, draft, or

promissory note, shall be considered the amount due or collectible thereon or

thereby.

Jury Verdict Monday Feb 3rd 2014

I have attached a copy of the jury verdict.  This is the form they used to answer the question about my alleged crimes.  The instructions are to answer the questions for each count.  If found guilty to each count then they are to answer the next set of questions yes or no.  If they have 5 yes votes then I am guilty of enhancement factors.

The instructions are on the separate 20 pages of what the laws and definitions.