Sunday, February 2, 2014

Rand's trial day 5/6

This is an email my wife sent during trial.

Thank you so much for your prayers, encouragement, support and presence in the courtroom. They are all truly making a difference! There is a group meeting across the street at the Presbyterian church during the noon hour for prayer each day. Feel free to stop in and join.

Day 5...Monday
We started off the morning with loosing a juror. This is actually a VERY good thing because Randy and I both (and others observing) had very bad vibes from her. She came down with the flu and couldn't continue attending! The jury pool has 14 members; the two alternates who will not deliberate will be chosen at the end. So now, only one alternate will be chosen.

First witness was another examiner who performed an audit on ZurCrowner. Honestly, he couldn't remember any details other than what the prosecutors wanted him to remember. Didn't really help state's case. 

Then another lender/client testified. He gave different details than what other lender/clients have testified. He just added information to some of the missing puzzle that the state is claiming were omissions on Randy's part.

Then the state interviewed a former lender separate from the charges. She was the trustee of a very large trust fund in the area, and her testimony helped show that these types of transactions are normal business and aren't securities to be registered with the state. We don't think she helped the state's case.

Finally, another lender/client... more missing pieces of the story of what happened that the state claims were omitted.

Day 6 (Wednesday) We began with another lender/client... again more missing pieces.

Then Scott Whitney, Randy's former partner who is now incarcerated due to choosing a plea offer, testified for the state (but not in a cooperative deal with the state), but did a very good job taking the heat for information that he didn't share with Randy prior to the transaction. It was good to see Scott after so long.

We really don't know how long the state can keep going. They still have several professionals to testify along with over 10 lender/clients. We don't know what happens if more time is needed beyond the 13 days scheduled. 

We were able to find/hire an expert witness for the defense, and he/we believe he can testify that the transactions were not securities. He basically wrote the book on securities in Oregon. His schedule is tight, so we need to get him on when he is available sometime next week when it will hopefully be the defense's turn.

If you are or have been in the courtroom, your feedback is helpful. Don't be afraid to share your observations. For those of you who heard the testimony of the two Insurance agents last week, if you have time, would you write down and send us your observations and reactions to their testimony. It's too late to prosecute them for their wrong doings, but complaints may still be issued to the insurance company on their unethical behavior.

Forging forward....

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