isn't it the government's job to prove that he DID know ? Or did that end once possession was confirmed ?
No need to prove a negative. The prosecution must prove the positive. If the law simply says "possess," then the fact the NFA toys were in his shed would constitute possession. (The entrapment angle is a detour, but an important one.)44 AMP said:One problem with defense in these kinds of issues is that it is extremely difficult to proove, well after the fact what you did not know. Prooving a negative is the most difficult of arguments. Even a little doubt, along with a convincing argument can sway jurors, and even judges opinions. Particularly when those being convinced are of the "knew or should have known" opinion already.
C'mon!Sounds like his attorney didn't do much to represent him against entrapment or possible diminished mental capacity.
Pierce was convicted of one count of conspiring with Mark Krause, 40, of Forum to possess three machine guns,a short-barrel rifle and three silencers. Those seven unregistered firearm items belonged to Krause but were stored in Pierce’s house from August until the residence was raided by federal agents on Jan. 7.
Besides the conspiracy count, Pierce was convicted of seven counts of aiding and abetting the possession of Krause’s seven unregistered pieces of weaponry.
Pierce was also convicted of two counts of lying to the FBI and one count of possessing a machine gun that he owned.
In the recording, made Dec. 4, Pierce told Dunk the FBI had been by to see him the previous day, which was the day Krause was arrested.
“They couldn’t interrogate a frog,” Pierce told Dunk in the recording.
Pierce told Dunk he didn’t give the FBI “any information” and told her, “Don’t give them anything that they can use against him.”
Considering what we now know... would "rifleman" like to rescind that "honorable" portion?'Jim' is a military hero with 34 years service and honorable discharge. He has stepped in front of bullets for friends and would do it again. He is one of the most honorable people I have ever known.
Agreed.MLeake said:Edit: if vranasaurus' last post, that went up while I was typing, is correct, than I really don't have much (if any) sympathy for "Jim."