United States vs. Fincher

Militia Headquarters Fire information Page

noreply@blogger.com (Locking Lug) — Tue, 1 May 2007 11:29:00 -0700

Paul Davis has provided a link containing information about the arson fire suffered by the Militia of Washington County.

Go there.

Militia headquarters damaged by early fire

noreply@blogger.com (Locking Lug) — Mon, 23 Apr 2007 12:14:00 -0700

As flames rose from the roof of the Washington County militia headquarters on Friday, witnesses reported hearing rounds of ammunition sporadically being fired.

"The corner office of the building was pretty involved when firefighters arrived on scene," said Washington County Fire Marshal John Jenkins. "The building was substantially damaged, but I think they’ll be able to salvage it."

Jenkins said firefighters responded to the Militia of Washington County, 15566 E. Black Oak Road, at about 6 a.m. Friday after a passerby reported seeing flames. The witness further reported hearing sounds ammunition being fired from inside the building.

"The fire was in the corner office of the building," Jenkins said. "It caused extensive damage in and around the office." Jenkins said the cause of the fire is currently under investigation. The blaze comes just two months before the sentencing date for Hollis Wayne Fincher, who founded the militia headquarters in 1994. Fincher served as the organization’s lieutenant commander until his arrest Nov. 9 when federal agents seized 15 illegal machine guns and sawed-off shotguns during a search of his Washington County home. All of the guns were examined and found to be in working order. Shortly after his arrest, Fincher’s supporters began an aggressive campaign to raise awareness of what they thought was an unjust arrest by posting "Free Wayne" signs and bumper stickers around Washington County. Fincher was convicted Jan. 12 of illegally possessing machine guns and possession of a firearm not registered in the National Firearms Registration and Transfer Record. He faces up to 20 years in federal prison and will be sentenced in the next two months.

In February, a federal judge denied a defense motion to toss out the illegal gun possession conviction against Fincher. The judge ruled that there was no basis for the defense’s motion for "arrest of judgment."

Jenkins didn’t say whether Friday’s fire was related to Fincher’s arrest, but said he was looking at a number of possibilities.

"I was on the radio this morning, and we received a call from one of our regular callers, and he told me and the listening audience that the building had burned," said Don Bright, a local resident known as a regular contributor to talk radio shows. "There’s speculation that it might be someone trying to make a point, but I don’t want to make too many projections."

Though Bright has never been a member of the Militia of Washington County, he supports their beliefs.

"I support what they stand for, which is constitutional government," he said. "I also helped raise money for Wayne’s lawyer."

The Washington County Militia is headquartered down the road from Fincher’s residence — about 5.5 miles south of Huntsville Road. According to its Web site, www.arkansasmilitia.com, the group is committed to "defending liberty and serving Washington County."

The organization holds a weekly muster every Friday at 7 p.m. that is open to the public.

From the Northwest Arkansas Times

Sentencing Set In Machine Gun Case

noreply@blogger.com (Locking Lug) — Mon, 23 Apr 2007 12:11:00 -0700

FAYETTEVILLE -- A sentencing date has been set for a Washington County militia leader convicted in federal court of having three illegal machine guns.

Hollis Wayne Fincher, 60, was convicted Jan. 12 of possessing illegal, unregistered weapons, including machine guns and a sawed-off shotgun.

Sentencing is set for 10 a.m. June 22 in U.S. District Court in Fayetteville before Judge Jimm Larry Hendren.

Fincher faces up to 20 years in federal prison.

In March, Fincher essentially fired his attorney, Oscar Stilley, and was appointed an attorney by the court, Shannon Lea Blatt.

Fincher had two .308-caliber machine guns, homemade versions of the Browning model 1919. The other firearms were 9 mm STEN design submachine guns and a shotgun.

Fincher never denied he had the guns.

The defense tried to make a case of the Constitution versus gun laws; the government kept the case more simple, arguing Fincher had the machine guns and they weren't registered as required by federal law.

After the trial, Hendren refused to throw the conviction out after Fincher challenged the court's jurisdiction and the Grand Jury indictment against him.

Hendren said his court has jurisdiction to hear any case arising from federal law within the Western District of Arkansas. Hendren said the indictment was legally sufficient because it contained all of the essential elements of the offense charged, in this case that Fincher knowingly possessed a machine gun.

Hendren said the government was not required to put on evidence of any connection with interstate commerce in the case.

Fincher didn't testify before the jury. The judge ruled after hearing testimony, with the jury out of the room, that Fincher's proposed testimony was inadmissible because it was aimed at challenging the legality of federal gun laws, not whether Fincher had illegal, unregistered firearms in his possession.

From The Morning News

Militia Commander Fires Lawyer

noreply@blogger.com (Locking Lug) — Wed, 14 Mar 2007 09:48:00 -0700

FAYETTEVILLE -- A Black Oak man can fire his lawyer, but will have to take whatever defense attorney the court appoints, a federal judge ruled Friday.

Hollis Wayne Fincher, 60, was convicted in January of possessing illegal, unregistered weapons, including machine guns and a sawed-off shotgun. A sentencing date has not been set.

Fincher asked U.S. District Judge Jimm Larry Hendren to appoint David Dunagin of Fort Smith as his attorney. Fincher fired Oscar Stilley of Fort Smith, who defended Fincher during his trial, citing irreconcilable differences between the two.

More at: The Morning News
Thanks to David Codrea.

Docket Item #39 Added

noreply@blogger.com (Locking Lug) — Thu, 8 Feb 2007 15:31:00 -0800

The Fincher Docket has been updated with Item #39: Government's response to the Motion to Arrest Judgement.

Fincher Docket Updated

noreply@blogger.com (Locking Lug) — Tue, 23 Jan 2007 11:28:00 -0800

Wayne Fincher's docket has been updated with the Motion to Arrest Judgement (Document 37) and the Memorandum Brief in Support Motion to Arrest Judgement (Document 38).

Thanks go to Paul Davis.

Free Wayne Webring

noreply@blogger.com (Locking Lug) — Thu, 18 Jan 2007 15:04:00 -0800

We have joined the Free Wayne webring. More details can be found here.

Court Docket Updated

noreply@blogger.com (Locking Lug) — Thu, 18 Jan 2007 14:27:00 -0800

The Fincher Docket has been updated with documents through the end of the trial.

Fincher GUILTY in Machine Gun Case

noreply@blogger.com (Locking Lug) — Fri, 12 Jan 2007 13:41:00 -0800

It took a jury just under five hours to find Hollis Wayne Fincher guilty of owning illegal machine guns and a sawed-off shotgun.

Closing arguments in federal court in Fayetteville wrapped at mid-morning and the case went to the federal jury about 10:30 a.m. The jury returned its verdict about 3:20 p.m.

According to police, Fincher had two .308-caliber machine guns, homemade versions of the Browning model 1919. The other firearms were 9 mm STEN design submachine guns and a sawed-off shotgun.

The defense tried to make the case an issue of the Constitution versus federal gun laws. The government tried to make the case as simple as possible for jurors — Fincher had the machine guns and they weren’t registered as required by federal law.

A major issue was whether the Militia of Washington County is a valid state militia for second amendment purposes. Judge Jimm Larry Hendren ruled it’s not.

Originally published at The Morning News

Jury Deliberating In Machine Gun Case

noreply@blogger.com (Locking Lug) — Fri, 12 Jan 2007 13:15:00 -0800

The jury is deliberating the Hollis Wayne Fincher machine gun case. Closing arguments wrapped at mid-morning and the case went to the federal jury about 10:30 a.m.

Published at The Morning News

Judge Refuses to Allow Militia Leader's Testimony

noreply@blogger.com (Locking Lug) — Fri, 12 Jan 2007 13:11:00 -0800

By Ron Wood
The Morning News

FAYETTEVILLE -- Hollis Wayne Fincher's machine gun trial will go to the
jury today with the defense having presented no evidence or witnesses to the jury.

The defense rested Thursday after U.S. District Judge Jimm Larry Hendren ruled Fincher's proposed testimony inadmissible.

Fincher testified for more than an hour with the jury out of the courtroom so Hendren could decide if his testimony was admissible.

Hendren has repeatedly ruled the defense can attack the government's evidence but not the law that applies to the case. He also ruled, based on U.S. Supreme Court precedents, laws passed by Congress to regulate firearms do not violate the Second Amendment.

After hearing Fincher out, Hendren decided the testimony was aimed at challenging the legality of federal gun laws, not if Fincher had illegal, unregistered firearms in his possession.

Fincher maintains possession of the guns, which he does not deny, should not be criminalized because their possession was "reasonably related to a well regulated militia," based on the Second Amendment to the U.S. Constitution.

Fincher said the group would have been "derelict" not to use inexpensive, available and effective military weaponry to protect their homes and state.

Continued at The Morning News

Judge: Fincher Not in Militia

noreply@blogger.com (Locking Lug) — Fri, 12 Jan 2007 08:40:00 -0800

FAYETTEVILLE — Attorneys for a Washington County man facing gun charges can only speak of his militia activities if they can prove the organization is sanctioned by the state of Arkansas, a federal judge ruled Wednesday.

Hollis Wayne Fincher, 60, faces charges of possession of a machine gun and possession of a firearm not registered in the National Firearms Registration and Transfer Record.

Fincher is a member of the Militia of Washington County, a group established in 1994 to “to defend the liberty of the citizens of the state of Arkansas, and these United States, through education, participation, and action,” according to the group’s Web site.

The group is not affiliated with any government agency.

No case law exists that allows a member of a “nongovernment” militia to possess illegal weapons, U. S. District Judge Jimm L. Hendren said.

Evidence on any private militia “would mislead the jury,” Hendren said. The judge also said he would have to approve all evidence about the militia before it could be introduced to the jury.

Defense attorney Oscar Stilley objected to the limitations, but declined to say in court what evidence he planned to introduce about the militia as part of his client’s defense. Stilley has said evidence about the militia group was a big part of Fincher’s defense.

The judge’s ruling delayed court proceedings Wednesday afternoon as both sides asked to consult with Hendren without jurors present. Hendren sent jurors home early and ordered the attorneys into his chambers so they could talk about concerns over evidence.

Complete article at the Arkansas Democrat-Gazette

Prosecution Rests in Fincher Case

noreply@blogger.com (Locking Lug) — Fri, 12 Jan 2007 00:22:00 -0800

FAYETTEVILLE — The prosecution finished calling witnesses early this afternoon in the Wayne Fincher federal case.

The defense was going over it's part of the case in the judge's chambers out of the hearing of the jury before returning to open court.

Earlier Thursday, an expert testified that guns seized by federal agents at the Washington County home of Hollis Wayne Fincher are machine guns as defined by federal law and were not properly registered.

“It’s a machine gun,” Earl Griffith, a firearms expert with the federal Bureau of Alcohol, Tobacco and Firearms, told jurors as he examined one of the guns seized.

Fincher, 60, a lieutenant commander of the Militia of Washington County, is charged in federal court with possessing three homemade, unregistered machine guns and an unregistered sawed-off shotgun. He is being tried this week in federal court in Fayetteville.

According to police, two of the .308-caliber machine guns, homemade versions of the Browning model 1919, allegedly had Fincher's name inscribed on them and a reference to the Constitutional right of citizens to bear arms. The other firearms were 9 mm STEN design submachine guns and a sawed off shotgun.

Griffith said it appears the guns were bought as kits and the necessary parts to make them fully automatic were made by Fincher or others in this country.

More at The Morning News

Fincher Judge Flip-Flops on 2nd Amendment

noreply@blogger.com (Locking Lug) — Thu, 11 Jan 2007 16:04:00 -0800

The Judge came in this morning and virtually reversed his ruling from yesterday. In addition to that, I distinctly heard him say (and the court record proves it) that the Second Amendment was an individual right in that he spoke about the Bill of Rights and stated that they were individual rights that were protected by the first 10 Amendments.

This morning he totally reversed himself and stated that the 2nd Amendment conferred a collective right. Oscar argued with that and referenced the 2004 USDOJ paper and we also have an official copy of the 1982 Senate Subcommittee report that states that it is an individual right. However, the judge only accepts recent circuit court rulings and no other authority is sufficient for evidence or proof. Oscar argued that point strenuously and the Judge didn't seem to care.

Right now, I sit at the defense table as I am assisting Oscar. It is also a good opportunity to visit with Wayne when the Judge demands that counsel meet him in chambers.

You need to post that we actually live in the Land Down Under, and our courts reflect it.

Warmest Regards,

Paul W. Davis

Judge OKs Fincher Arguments

noreply@blogger.com (Locking Lug) — Thu, 11 Jan 2007 15:58:00 -0800

FAYETTEVILLE -- A man charged with possessing illegal machine guns will be able to argue at trial federal gun laws are unconstitutional, a judge ruled Tuesday. But, the judge is not going to allow the trial to digress into a freewheeling, uncontrolled debate of the Second Amendment in front of the jury.

Hollis Wayne Fincher, 60, a lieutenant commander of the Militia of Washington County, is charged in federal court with possessing three homemade, unregistered machine guns and an unregistered sawed-off shotgun.

Jury selection is set to begin this morning [January 9th] with opening statements to follow later in the day.

The decision by U.S. District Judge Jimm Larry Hendren will allow Fincher to present evidence to support the defense view his possession of the guns should not be a crime because they were for use by the militia. Fincher doesn't deny he had the guns.

The government had asked Hendren to bar Fincher and his attorney, Oscar Stilley, from arguing issues of law to the jury as they present their defense.

The government argued it is the court's role, not the jury's, to decide matters of law and Fincher's arguments should not be made in the presence of the jury. Prosecutors argued the jury should only hear and decide the facts of the case, not what law should apply.

Stilley wants wide leeway in order to develop a full record in case of an appeal.

The U.S. Supreme Court has not addressed a Second Amendment issue since 1943, Stilley said. That ruling said the government could place limits on the possession of military weapons by individuals or groups but cannot prohibit the possession or use of any weapon that has any reasonable relationship to the "preservation or efficiency of a well-regulated militia."

Hendren found for the government on two other issues.

The judge ruled prosecutors won't have to prove Fincher had criminal intent to obtain a conviction, only that he possessed the guns illegally.

And Fincher won't be able to argue whether the Commerce Clause to the U.S. Constitution as it relates to the guns applies to this case. The Commerce Clause gives the federal government power to regulate commerce with foreign countries and among the states. Hendren said the government doesn't have to prove the guns were involved in interstate commerce in order for Congress to be able to regulate them.

Continued at The Morning News

Wayne Fincher discussed on Talkin' to America

noreply@blogger.com (Locking Lug) — Thu, 11 Jan 2007 15:51:00 -0800

From Aaron Zelman:

January 9, 2007

Talkin' to America Interviews David Codrea

Our latest Talkin' to America interview focuses on "War on Guns" blogger David Codrea! Listen to this fascinating interview to learn more about the injustice our government is bringing to bear on a man who is being denied his right to even discuss the US Constitution or the law in court! You'll also find some commentary on the NRA that you may find useful as well.

Don't miss the latest Talkin' to America! You can download it or read the transcript at http://www.jpfo.org/talkamerica.htm.

Update from Connie Fields

noreply@blogger.com (Locking Lug) — Thu, 11 Jan 2007 15:47:00 -0800

Wayne's daughter reports via email that they saw him on Saturday, January 6th. He is weak but feeling better. The other prisoners are helping him out by giving him extra food. He has lost about 40 pounds since his incarceration began.

Wayne says not to worry about him and he is ready for the trial to begin. He thanks everyone for their support and prayers.

Response to Limine

noreply@blogger.com (Locking Lug) — Thu, 11 Jan 2007 15:35:00 -0800

Oscar Stilley has released his response to the government's Motion in Limine, which asked the judge to prohibit the defense from arguing constitutional issues and matters of law in front of the jury.

Been away - And some administrivia.

noreply@blogger.com (Locking Lug) — Thu, 11 Jan 2007 15:24:00 -0800

I've been away from my computer and unable to post for the last couple of days. Bad timing to be sure, but I'll get caught up today.

I have decided to stop the duplication of effort in maintaining the docket since Mr. Davis is doing such a fine job under the Militia of Washington County website. I will continue to archive documents in the event something happens to that resource.

More to follow shortly.

[Short] Delay Sought in Machine Gun Trial

noreply@blogger.com (Locking Lug) — Sun, 7 Jan 2007 18:50:00 -0800

FAYETTEVILLE -- Hollis Wayne Fincher is ill and his attorneys have asked his trial for allegedly having illegal machine guns be delayed at least a day.

Fincher, 60, a lieutenant commander of the Militia of Washington County, is charged in U.S. District Court in November with possessing three homemade, unregistered machine guns and an unregistered sawed-off shotgun.

Trial is set for Monday in Fayetteville.

A ruling had not been made as of Friday evening.

Oscar Stilley, Fincher's attorney, said Friday his client had been ill since Tuesday. Fincher has been sweating profusely and experiencing nausea, vomiting, blood pressure swings and chest pains, Stilley said.

"I've got a client who, if his trial started today, there's no way he could participate in his defense, as he has a right to under the Constitution," Stilley said.

In addition to a one-day delay in the trial, Stilley is asking the judge to either order Fincher transported to a hospital or other facility for treatment or reduce his bond significantly so he can be released and seek treatment from his own doctor.

More at The Morning News

Trial Will Debate 2nd Amendment Rights

noreply@blogger.com (Locking Lug) — Sat, 6 Jan 2007 17:07:00 -0800

A lawyer whose client is on trial for having "militia" weaponry says he'll ask questions and raise arguments about the 2nd Amendment, and then let the judge rule whether or not the Bill of Rights can be discussed in a federal courtroom these days.

A federal prosecutor in the Arkansas case against Hollis Wayne Fincher, 60, who's accused of having homemade and unregistered machine guns, has asked the judge to censor those arguments.

But lawyer Oscar Stilley told WND that he'll go ahead with the arguments.

"I'm going to ask questions, what else can I say?" he said. "There is a 2nd Amendment, and it means something, I hope."

"His (Fincher's) position is that he had a legal right to bear arms that are suitable and customary to contribute to the common defense. If it's a militia army, it's what customarily would be used by the military suitable for the defense of the country," Stilley said.

The objection to constitutional arguments came from Assistant U.S. Attorney Wendy Johnson, who filed a motion several days ago asking U.S. District Judge Jimm Larry Hendren to prevent Fincher and Stilley from raising any such issues.

"Yes, that is correct – the government does not want to allow the defense attorney to argue the law in Mr. Fincher's defense," Michael Gaddy wrote on Freedom Watch.

"If a defendant is not allowed to base his/her defense on the Constitution, the supreme law of the land, we are certainly doomed. If we allow these criminal acts perpetrated on law-abiding citizens to continue, we might as well turn in all our guns and scheduled a fitting for our chains," he wrote.

"Yes, Hollis Wayne Fincher goes on trial on January 8th – but so does our Constitution, our Liberty and our right to own firearms. If Mr. Fincher loses this battle, we all lose," he said.

For the full story, see WorldNetDaily.

Wayne Fincher's Health

noreply@blogger.com (Locking Lug) — Thu, 4 Jan 2007 22:54:00 -0800

Wayne is NOT doing better today. In fact we have found out that the Sebastian County Jail (Tel. 479-783-4988) has neglected his medical needs to the tune of waiting 31 hours from the time he was prescribed anti-nausea medicine to the time they gave it to him. Apparently, he has not eaten for three (3) days as he is too sick. Moreover, he is becoming dehydrated. Oscar Stilley is going to request all medical logs from the jail in the morning. Since the jail is not cooperating, he will have to get a court order to see them. (It sounds like South Africa in the 1960's and 70's)

Just so the Sebastian County authorities know that everyone is watching, you might want to drop them a line and let them know you are concerned.

Sebastian County Judge -- 479-783-6139
Sebastian County Sheriff's Office -- 479-783-1051
Sebastian County Jail -- 479-783-4988

Since Wayne is under Federal jurisdiction, they will not release and information about his condition. That is okay, just remind them that he is in their custody (they are the detention contractor for the Federal Government in Western Arkansas) and they are wholly responsible for his health and welfare.

Paul W. Davis

Wayne Fincher Released from Hospital

noreply@blogger.com (Locking Lug) — Wed, 3 Jan 2007 16:21:00 -0800

Wayne Fincher has been released from the hospital and is back in jail. No diagnosis was made but he is feeling better.

Wayne Fincher Hospitalized

noreply@blogger.com (Locking Lug) — Wed, 3 Jan 2007 13:16:00 -0800

It has been reported to me that Wayne Fincher was taken to a Fort Smith hospital at around 03:30 Wednesday morning. Symptoms included vomiting and chest pains.

Bond Hearing Transcript Posted

noreply@blogger.com (Locking Lug) — Wed, 3 Jan 2007 13:05:00 -0800

The complete bond hearing transcript has been posted.