In February’s trial, the IRS failed to get a conviction on 3 of the 4 charges against Kent Hovind. The charge they did convict him on was contempt for defying the judge’s order not to attempt to fight to get his property back. Of course that was an unlawful order, everyone has the right to redress, so it was the one charge that will almost assuredly be thrown out on appeal.
The retrial on the hung-jury charges was scheduled to start Monday, 5-18. Coach Dave Daubenmire got together a legal team to put in a motion to dismiss that must’ve iced the IRS prosecution because they put in a call for a continuance (postponement). They obviously knew their goose was cooked and needed more time to figure out a new plan of attack. But the judge refused the continuance so close to the trial. In response, the IRS prosecution DISMISSED the CHARGES!
They did this “without prejudice”, meaning they can file them again, but this shows they are up against a wall now. It is 4th and long and they are punting.
They still have the sentencing (and/or appeal) on charge #3. The usual punishment for this is a small fine, or maybe a few days in jail, and often nothing at all (time served for a guy going on 9 years in prison would more than suffice) – but the judge has total descretion and could give him up to 20 years. Of course that would bring on an appeal.
For the first time in this ordeal, the legal maneuvers are swaying in Bro. Hovind’s favor. Praise God. Keep praying till he is home.
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