We are so appreciative of all your support. The courtroom was packed today, and based on how today ended, he asked for more of the same on Monday.
Today Randy testified on his behalf and did an excellent job. He felt much more confident knowing he didn't have to address all the nebulous securities stuff. After the initial shock of being up there, he relaxed and spoke confidently, respectfully, and knowledgeably. Under cross-examination, he was able to think carefully about the questions asked, and at several times avoided the leading questions and language, giving strong answers to the trap questions.
A person commits theft when, with intent to deprive another of property or to appropriate property to the person or to a third person, the person: Commits theft by deception as provided in ORS 164.085 (Theft by deception);
A person, who obtains property of another thereby, commits theft by deception when, with intent to defraud, the person:
(a) Creates or confirms anothers false impression of law, value, intention or other state of mind that the actor does not believe to be true;
(b) Fails to correct a false impression that the person previously created or confirmed;
The state is claiming that Randy didn't give all the necessary information to the lenders (giving a false impression...) by not telling them every single nitty gritty detail. The sentence for aggravated theft of persons over 65 is 16 to 45 months. Times that by 16 counts... you do the math. He is still facing a potentially long prison sentence if convicted. If the jury comes back with a guilty verdict, he will be incarcerated immediately until sentencing.
We are looking forward to a restful weekend.
Psalm 94:17-19 Unless YHWH had been my help, my soul had almost dwelt in silence. When I said, My foot slippeth; thy mercy, YHWH, held me up. In the multitude of my thoughts within me thy comforts delight my soul.
We were dismissed early because there wasn't enough time to give closing arguments, jury instructions and time for the jury to deliberate. We will return Monday morning February 3rd at 9:00 am to close out the trial.
How are we feeling about things? Cautiously optimistic. I (Diane) sense the jury is scratching their heads that 2/3 of the case was dropped yesterday after sitting through 12 days of testimony, and that the theft accusation doesn't fit the person of integrity they saw on the witness stand today.
The problem is the definition of theft the state is choosing to use. Even though the indictment just says 'aggravated theft in the first degree', the state is getting to pick and choose which type of theft, and they seem to have landed on 'theft by deception'. According to the Oregon statute, that means:
A person, who obtains property of another thereby, commits theft by deception when, with intent to defraud, the person:
(a) Creates or confirms anothers false impression of law, value, intention or other state of mind that the actor does not believe to be true;
(b) Fails to correct a false impression that the person previously created or confirmed;
The state is claiming that Randy didn't give all the necessary information to the lenders (giving a false impression...) by not telling them every single nitty gritty detail. The sentence for aggravated theft of persons over 65 is 16 to 45 months. Times that by 16 counts... you do the math. He is still facing a potentially long prison sentence if convicted. If the jury comes back with a guilty verdict, he will be incarcerated immediately until sentencing.
We are looking forward to a restful weekend.
Psalm 94:17-19 Unless YHWH had been my help, my soul had almost dwelt in silence. When I said, My foot slippeth; thy mercy, YHWH, held me up. In the multitude of my thoughts within me thy comforts delight my soul.
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