To the public: Blood Love And Lust Spells and it's
sister site of Castle Dragon's Eye are perfectly SAFE. I am a friend of Jan
Windglows and Jim Morgan of Blood Love And Lust Spells not from the U.S. but am
here to show Mary Prantil's jail pictures and post some stuff up here for the
public to see.
The lies that have been buzzing around the Internet
about Enchantress Jan Windglows business of www.bloodloveandlustspells.com
web sites being infected with viruses ARE ALL LIES FROM CRIMINAL MARY PRANTIL in
more of her weak very futile attempts to violate Jan Windglows' civil rights and
impede my right to fair trade- WHICH IS A FELONY OFFENSE
!!!
HERE IN THIS POST IS the MUGSHOT OF CRIMINAL MARY
PRANTIL THE UGLY face of a SORE LOSER for the entire world to see.
You might as well face the facts, Mary. You are the
LOSER and JAN AND JAMES ARE THE WINNERS. Mary Prantil has turned herself into
the police FINALLY now everyone can have peace and quiet !
See Mary Prantil's CRIMINAL RECORDS AND MUG SHOTS VIA
THIS LINK:
Read PROOF and HEAR actual abusive voice messages by
Mary Prantil, IN HER OWN VOICE TELLING US SHE ATTAINED ALL HER SPELL RESULTS AND
INHERITED TWO MILLION DOLLARS via this link:
See how fat and disgusting Mary Prantil is, as she
works through Internet PORN for extra money because SHE CANNOT GET A NORMAL
JOB. Notice what a FAT UGLY AND DISGUSTING Scam PIG, BI SEXUAL l*****n and
LIAR Mary Prantil is via this link: ( GO ON A DIET, MARY YOU FAT PIG
!)
Mary, despite your thinking that your baloney and
all your lies are hurting my online business, much to YOUR dismay, everyone sees
right through you and what you are.
People NEVER ASK me about you OR
your negative posts......NOBODY CARES ABOUT ANYTHING YOU SAY ON OR OFF LINE.
All people do is see Jan's link on one of your slimy liar made up story
telling posts then click my link and go to my web site and I have new clients
pouring in to me by the droves. BUSINESS IS wonderful for Jan, I am
hearing.
So you have actually helped Jan's business quite a lot by being
out there and giving her so much advertising. In fact Jan's business has been
more successful this past year than it ever has courtesy OF YOUR BIG
MOUTH.
Jan Windglows is truly the top caster on the web with her highly
successful online business and is doing VERY WELL. As a matter of fact,
BUSINESS HAS BEEN EXCEPTIONAL FOR JAN, better than ever before.
The
content of your voice messages completely tears down every lie you have said
about Jan, about James, and about Jan's business. That is how stupid you are.
EVERYTHING YOU HAVE TRIED TO DO TO HURT JAN AND JAMES HAS BACK FIRED ON YOU,
MARY PRANTIL !
Witchcraft is evil is it, Mary? NOTHING IS WRONG WITH
WITCHCRAFT BUT MARY YOU CERTAINLY ARE NOTHING BUT EVIL. Girl you just cannot
stop telling lies because this is what compulsive liars DO. THEY TELL LIE AFTER
LIE TRYING TO COVER UP ALL THEIR OTHER LIES, LOL.
You, Mary Prantil are
tangled up in so many of your lies you should really stop now. Everyone knows
you NEVER tell the truth about anything.
Mary Prantil says she
is "Catholic" and believes in God but if that were so, you would not be doing
things to other innocent people that have no other choice but to stand up for
their rights and defend themselves. YOU LIE CONSTANTLY, LOL you FAT scamming
PIG.
MARY SATANIC PRANTIL SATAN IS GOING TO DRAG YOU STRAIGHT TO HELL
!!!!!!!!!!!
Mary you are SUCH A HYPOCRITE so do not quote any scriptures
to anyone especially since Mary you do not even live your life according to what
the Holy Bible says.
We all know the bible scriptures very well so we do
not need a hypocrite and LIAR like you to tell people what the holy scriptures
say. Mary Prantil reminds me of one of those snake handling bible preachers who
think they know everything about everyone.
Everything you say and do
contradicts all of your actions. If you do not believe in psychics, then WHY do
you have psychics and witches on your Twitter page, LOL? HYPOCRITE.
Your right hand does not know what your left hand is
doing half the time. You must have BI POLAR disorder because you accuse others
of the very same things you are guilty of. You should not be pointing your
guilty finger at innocent people especially servants of Divinity. You have no
idea what you are doing.
Mary never paid Jan through Pay Pal or used any
credit card but Mary you did a charge back on some other casters. You never did
any charge backs with Jan's business at any time BECAUSE YOU NEVER PAID JAN
THROUGH PAY PAL YOU MORAN. Will this EVER sink into your thick
skull?
You paid Jan though personal checks- in fact you loved my
services SO MUCH that you kept sending Jan more money even after she wanted to
terminate your case THREE TIMES for being such an
intolerable a*****e b***h.
Nobody cares about your little pathetic
career, your college education, your so called "clean" criminal record or
anything else about you. No one wants to post anything positive on any of your
stupid blogs because you blogs are all based on LIES.
Guess what,
Mary? The world doesn't revolve around you like you think it does.
The
right to free speech is a double edged sword, so everyone that sees
your scamming crap can tell the entire world about you if they so please.
I hope other businesses owners will stay clear of you because you are
nothing but trouble waiting to happen. I cannot believe the many countless
HOURS so many people spent trying to help you. YOU UNGRATEFUL HYPOCRITE AND
LIAR. YOU SHAME GOD AND ALL THE HOLY ANGELS, YOU EVIL VILE LIAR.
Jan
Windglows nor Jim Morgan nor anyone else did not steal any money from you. I do
not want or need your money. What Jan Windglows and Jim Morgan does is not
about making money it is about being servants and messengers to Divinity.
Little do you know about being a servant of Divinity, God or Whomever
you choose to call The Higher Powers because you are a criminal and a liar who
tries to continue to bully others while you try to continue to play yourself off
to the public as someone telling the truth while you keep adding yet MORE lies
to your little reportoire day by day.
IT IS NOT WORKING, STUPID SO GET
OVER YOURSELF AND FIND SOMETHING TO DO LIKE GO TO ONE OF YOUR TRASHY LITTLE
COMEDY CLUBS AND PRETEND LIKE YOU ARE ACTUALLY FUNNY and that everyone wants to
come and see your "stand up" foolery. After I post this, I plan to pass the
link all over the web so everyone can see your jail pictures
too.
Jan and Jim will continue to exercise their
Constitutional RIGHT as a free Americans to free speech and will continue to
tell the world about you and who and WHAT you are. Jan Windglows is a kind,
honest, very sweet lady that has CLASS and believes in what she does because she
HELPS people from all over the world.
The only difference between Jan
and Jim's posts and yours Mary is that they ARE TELLING THE TRUTH WITH PROOF TO
BACK WHAT THEY SAY. You have NEVER done that YET. ALL MARY PRANTIL DOES IS RUN
HER MOUTH AND MAKE UP LIES while trying to paint herself in a good and innocent
light and at the same time trying to bash innocent other businesses and nice
people.
Prantil you REALLY must be hard up for money to
disgrace yourself and your family on the Internet like you have. Jan and Jim
will never back down from you because you are a dishonest criminal, scammer, and
extortionist.
AND DIVINITY KNOWS YOU MARY PRANTIL AND YOUR HEART TOO.
YOU REALLY SHOULD STOP ALL OF THIS, MARY. IT IS NOT GETTING YOU ANYWHERE AT ALL.
You Mary Prantil are BLACK HEARTED AND EVIL TO YOUR
VERY CORE.
You are a liar and a story teller and love to make up lies
about people that are innocent if you cannot get your way. Mary got what she
wanted then couldn't get a refund after she messed up all her spell work so what
does she do? She spreads lies all over the web about two servants and
,messengers of Divinity- Jan Windglows and Jim Morgan.
Hey, Everyone- Go
to this link and not only see but HEAR actual PROOF of LIAR and SCAM ARTIST Mary
T. Prantil getting caught in her many lies, along with 23 of her voice messages.
Listen to ALL the sound files and read the PROOF. Mary Prantil, Mary T. Prantil
your slandering and telling lies and harrassing innocent busine on the Internet
is OVER. Now everyone can see you for the crazy whacked out liar and scam artist
you REALLY are, LOL. Everyone be sure to listen to all the soundfiles
!
THE ONLY AMAZING THING ABOUT MARY PRANTIL IS THAT SHE
CANNOT SEEM TO STOP TELLING LIES ABOUT OTHER INNOCENT PEOPLE. MARY PRANTIL IS
SATAN !!!
MARY PRANTIL THE SPAWN OF SATAN THE DEMON LOVER OF THE
WWW !!!
BIBLE THUMPING CRAZY MARY IS CAUGHT AND EXPOSED-
LISTEN TO HER SOUND FILES AND YOU WILL SEE WHY SHE KEEPS TELLING LIES ABOUT
INNOCENT PEOPLE OF JAN AND JAMES IN HER PATHETIC ATTEMPTS TO COVER UP HER LIES
AND SCHEMES.
IF MARY PRANTIL ((((really )))) IS CATHOLIC AND
BELIEVES IN GOD SHE WILL NEVER LEAVE THE CONFESSIONAL FOR ALL THE LIES SHE HAS
TOLD, LOL.
And moreover Mary Prantil does not practice telling
the truth so she is on her way TO HELL and SHE KNOWS IT YET SHE CANNOT STOP
TELLING LIES.
ALL OF MARY PRANTIL'S LIES ARE EXPOSED ON THIS WEB
SITE JUST GO TO THE BOTTOM OF THE FIRST PAGE TO LISTEN TO MARY PRANTIL'S 23
ABUSIVE VOICE MESSAGES !!!
HELLO MARY SATANIC PRANTIL YOU LOSER......Mary Prantil
is the embodiment of EVIL......AND SATAN WILL DRAG YOU TO HELL, MARY
PRANTIL.
Previous address Locations & Criminal Records Of Mary T.
Prantil and Frank G. Prantil:
3285 33rd St, Astoria, NY 11106
Reported:12/01/2002
251
32nd St, New York, NY 10016
Reported:07/18/2001
3285 33 Wusd # 69,
Astoria, NY 11106
Reported:06/01/2001
3044 1st Ave, San Diego, CA
92103
Reported:11/13/2000
1352 PO Box, New York, NY
10150
Reported:06/18/1997
3044 Juniper St # 2, San Diego, CA
92104
Reported:10/01/1995
1154 22nd # 2, San Diego, CA
92102
Reported:12/01/1993
319 Gravilla St, La Jolla, CA
92037
Reported:08/01/1992
Criminal Court Records
Criminal
Profile
Subject Name:
PRANTIL, MARY THERESA
Date:
12/8/2007 3:45:39
PM
Name:
PRANTIL, MARY THERESA
Source
State:
AOCDOCCourts
County:
SAN DIEGO
Date
Reported(CA):
10/30/2006
Offense: 1
NOT SPECIFIED BY
STATE
Offense State:
CA
Offense County:
SAN DIEGO
Case Number:
M695524
Name:
PRANTIL, MARY
THERESA
Source State:
AOCDOCCourts
County:
SAN DIEGO
Date
Reported(CA):
10/30/2006
Offense: 1
NOT SPECIFIED BY
STATE
Offense State:
CA
Offense County:
SAN DIEGO
Case Number:
T105836
Name:
PRANTIL, MARY
THERESA
Source State:
AOCDOCCourts
County:
SAN DIEGO
Date
Reported(CA):
10/30/2006
Offense: 1
NOT SPECIFIED BY
STATE
Offense State:
CA
Offense County:
SAN DIEGO
Case Number:
T108343
Name:
PRANTIL, MARY
THERESA
Source State:
AOCDOCCourts
County:
SAN DIEGO
Date
Reported(CA):
10/30/2006
Offense: 1
NOT SPECIFIED BY
STATE
Offense State:
CA
Offense County:
SAN DIEGO
Case Number:
T110326
Name:
PRANTIL, MARY
THERESA
Source State:
AOCDOCCourts
County:
SAN DIEGO
Date
Reported(CA):
10/30/2006
Offense: 1
NOT SPECIFIED BY
STATE
Offense State:
CA
Offense County:
SAN DIEGO
Case Number:
T120948
Criminal Court
Records
Name: PRANTIL, MARY T
Case Number: M598531
Case County: San Diego
Source State: CA
Case File Date: 03/23/1990
Name:
PRANTIL, MARY THERESA
Case Number:
M695524
Case County: San Diego
Source State: CA
Case File Date: 02/01/1995
Name:
PRANTIL, MARY THERESA
Case Number:
T105836
Case County: San Diego
Source State: CA
Case File Date: 11/13/1992
Name:
PRANTIL, MARY THERESA
Case Number:
T108343
Case County: San Diego
Source State: CA
Case File Date: 01/04/1993
Name:
PRANTIL, MARY THERESA
Case Number:
T110326
Case County: San Diego
Source State: CA
Case File Date: 02/02/1993
Name:
PRANTIL, MARY THERESA
Case Number:
T120948
Case County: San Diego
Source State: CA
Case File Date:
08/09/1993
Bankruptcies, Tax Liens & Judgments by Name for:
Name:
PRANTIL, MARY T
Address:
PO BOX 1352, NEW YORK NY
10150
Action:
STATE TAX LIEN
Court:
SACRAMENTO COUNTY COURT
(RD)
Plaintiff:
STATE OF CALIFORNIA
Case:
9706100302
(06/10/1997)
Liability/Assests:
$1, 310.00/NA
Name:
PRANTIL,
MARY T
Address:
251 E 32ND ST #2C, NEW YORK NY
10016
Action:
BANKRUPTCY
Court:
NEW YORK FED COURT-NEW YORK CITY
(NEW YORK County)
Case:
9640110
(01/11/1996)
Liability/Assests:
NA/NA
Name:
PRANTIL, MARY
T
Address:
251 E 32ND ST #2C, NEW YORK NY
10016
Action:
BANKRUPTCY
Court:
NEW YORK FED COURT-NEW YORK CITY
(NEW YORK County)
Plaintiff:
PRO SE
Case:
9640110
(01/11/1996)
Liability/Assests:
NA/NA
Judgement Against
Name:
PRANTIL, MARY T
Address: 3038
DICKENS ST, SAN DIEGO CA 92106
Action: SMALL CLAIMS JUDGMENT
Court: KEARNEY MESA MUNI - SAN DIEGO
CO
Plaintiff: LIBS CHIROPRACTOR
CENTER
Case: 570215
(12/19/1991)
Liability/Assests: $2,
198.00/NA
Frank G. Prantil's Disbarrment
Records:
SUPREME
COURT OF THE
UNITED
STATES
MATTER DISBARRMENT FRANK G. PRANTIL
No.
D-787
110 S. Ct. 493, 493 U.S. 972, 107 L.
Ed. 2d 497, 58 U.S.L.W. 3351,
1989.SCT.45677
November 27, 1989
IN THE MATTER OF DISBARRMENT OF FRANK G.
PRANTIL
For earlier order herein, see
Rehnquist, Brennan, White, Marshall,
Blackmun, Stevens, O'Connor, Scalia,
Kennedy
It having been reported
to the Court that Frank G. Prantil, of
Fair Oaks, California, has been
disbarred from the practice of law by the
Supreme Court of California and this
Court by order of May 15, 1989, having
suspended the said Frank G. Prantil from
the practice of law in this Court and
directed that a rule issue requiring
him to show cause why he should not be
disbarred;
And it appearing that
the said rule was duly issued;
It is ordered that the said Frank G.
Prantil be disbarred from the practice of law
in this Court and that his name be
stricken from the roll of attorneys admitted
to practice before the Bar of this
Court.
Disposition
Disbarrment entered.
19891127
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On
trial before the bar court in San
Francisco, FRANK PRANTIL [#35155], 67, of
Sacramento is charged with multiple
counts of failing to perform legal services
competently. Prantil was disbarred in
1989, reinstated in 1994 and charged with
misconduct in 2002. The trial on the new
charges was ongoing at press time and
although the bar had not formally asked
for his disbarment, it is a possible
penalty.
The 1989 disbarment was
the result of convictions for forgery
and being an accessory to possess
cocaine.
http://www.calbar.ca.gov/state/calbar/calbar_cbj.jsp?sCategoryPath=/Home/Attorney%20Resources/
California%20Bar%20Journal/June2005&sCatHtmlPath=cbj/2005-06_TH_03_
2nd-disbarments.html&sCatHtmlTitle=Top%20Headlines
In
a case two miles
across town at the State Bar offices on Howard Street -- and at
the other end of the world of privilege
-- 67-year-old defense attorney Frank
Prantil is facing a task he's already
performed numerous times -- defending
himself against accusations that he's
acted unethically as an attorney. In 1979,
Prantil was suspended from practicing
law after he was accused of improperly
representing a client. While on
probation, Prantil was alleged to have
participated in a check-fraud scheme. He
was convicted of forgery and disbarred,
according to the California Supreme
Court opinion confirming Prantil's
disbarment.
Prantil later took
advantage of California rules that allow
disbarred attorneys to ask for
reinstatement after five years. Prantil
successfully argued that he had
rehabilitated himself, and resumed practice in
1994.
Prantil is now facing State
Bar disciplinary charges, which could
potentially get him disbarred again,
alleging that he failed to competently
defend a client, then improperly charged
the client for his
services.
Prantil's case, along
with three cases decided earlier this
year in which California attorneys were
disbarred for a second time, has added
steam to a nine-year-old bureaucratic
proposal to give judges the option of
disbarring the worst attorneys for
life.
In California, there now exists
no legal concept of permanent
disbarment. A State Bar committee on Nov. 15 will
consider the possibility of changing
that, if only slightly. Rather than making
all disbarments permanent, it would
extend from five to seven years the amount
of time disbarred attorneys would have
to wait before requesting to be
reinstated, and would give judges the
option of forever banishing the worst of
California's worst attorneys.
The
fact that it's taken nine years for
such a mild proposal to reach this
preliminary step hints at a lack of
seriousness the California legal
establishment lobby applies to abuses by its
own
members.
http://www.sfweekly.com/2005-11-09/news/baring-equality/
UNITED
STATES of
America, Plaintiff-Appellee, v. Frank G. PRANTIL,
Defendant-Appellant.
United States
Court of Appeals for the Ninth
Circuit
June 25, 1985
764
F.2d 548
Charles F. Gorder, Jr.,
Asst. U.S. Atty., argued, Peter K.
Nunez, U.S. Atty., Charles F. Gorder, Jr.,
Asst. U.S. Atty., on the brief, San
Diego, Cal., for
plaintiff-appellee.
Eugene G.
Iredale, San Diego, Cal., for
defendant-appellant.
AMENDED
OPINION
Appeal from the United States
District Court For the Southern District
of California.
Before FERGUSON
and NELSON, Circuit Judges, and JAMESON,
* District Judge.
FERGUSON,
Circuit Judge:
1
The defendant, a criminal defense
attorney, appeals
his conviction on
eight out of eleven counts alleged in an indictment for the
offenses of perjury, 18 U.S.C. Sec.
1623; false statements, 18 U.S.C. Sec. 1001;
and being accessory after the fact, 18
U.S.C. Sec. 3. All of the defendant's
convictions are predicated on actions he
took while representing a criminal
defendant, Betty Powell, in a separate
criminal prosecution. After a seven-day
trial the jury found the defendant not
guilty on two counts of harboring a
fugitive and perjury. The district court
had previously dismissed the misprision
of a felony count before the trial
began. On appeal, the defendant raises a host
of issues which, for the most part, we
need not address. Three of the
defendant's challenges, however, require
reversal of the defendant's convictions
for the reasons explained
herein.
I. FACTUAL BACKGROUND
2
The
defendant was retained by Ronald Powell
to represent his wife, Betty Lou Powell,
and her son in a federal criminal
prosecution on various drug-related charges.1
Mr. Powell had been a previous client of
the defendant in unrelated criminal
proceedings. After Mrs. Powell and her
son were arrested at the Powell residence
on April 23, 1982 in connection with the
narcotics charges, Mr. Powell, who was
also named in the felony arrest warrant,
remained a fugitive until his
apprehension on August 10, 1982. On the
day of his wife's arrest, Mr. Powell
telephoned the defendant, Frank Prantil,
and retained his services for the
criminal proceedings against his
immediate family. Throughout Mr. Powell's
fugitive status, the defendant
periodically telephoned Mr. Powell and met him on
at least two occasions.
3
During their first meeting after
the
incarceration of Mrs. Powell,
Mr. Powell presented the defendant with a partial
payment of the retainer agreement and
directed the defendant to the whereabouts
of other sources of cash in various bank
accounts and at the Powell residence.
Mrs. Powell, unable to make a $750, 000
bond, remained incarcerated until the
completion of her criminal trial. She
gave the defendant the power of attorney
to collect the funds from the various
bank accounts. The defendant also
retrieved a substantial sum of money
from a floor safe at the Powell residence
that had been overlooked at the time of
the Powell family arrest. Although
questions over the capacity in which Mr.
Prantil retained custody of these
monies (as attorney fees or in bailment
for Mrs. Powell) occupied a substantial
portion of the defendant's trial, we
need not parse the evidence on this subject
here. Pursuant to the retainer agreement
negotiated by Mr. Powell, the defendant
represented Mrs. Powell for the duration
of her criminal trial. The case was
prosecuted by Assistant United States
Attorney Charles Gorder.
4
Mr.
Prantil succeeded in obtaining an
acquittal on all but four of the fifteen
criminal counts leveled against his
client Mrs. Powell. During the course of his
representation of Mrs. Powell, the
defendant also sent his sister-in-law,
Malvina Schmidt, to meet the fugitive
Ronald Powell for reasons not relevant
here. Within the same time frame, the
defendant, on several occasions, acted as
the conduit for negotiations between the
fugitive Ronald Powell and Assistant
U.S. Attorney Gorder for Mr. Powell's
surrender. During the period when Mr.
Powell was a fugitive, the defendant
was summoned before a grand jury and
questioned by Mr. Gorder concerning his
contacts and relationship with Mr.
Powell. Three of the defendant's five
perjury convictions rest on responses he
made to Mr. Gorder's grand jury
examination. The remaining two perjury charges
and the two false statement counts stem
from the events surrounding the
defendant's efforts to obtain Mrs.
Powell's release on bond pending the appeal
from her criminal conviction. For
purposes of this appeal, however, we need only
discuss the evidence presented on one
perjury count.
5
One of
the
defendant's perjury convictions
rests on grand jury testimony the defendant gave
under questioning by Mr. Gorder
regarding a trip to Omaha, Nebraska. In his
testimony the defendant stated
that he was picked up by a blonde woman at his
hotel in Omaha, Nebraska who took him to
meet Mr. Powell and then transported
the defendant to the airport. The
defendant further testified that he did not
know the identity of this woman. At
trial the government contended that the
defendant committed perjury when he
denied knowing the name of this
woman.
6
Under the government's theory, the
defendant falsely denied
knowing
the identity of this blonde woman in order to protect the woman from the
grand jury's investigation. The
government unsuccessfully sought to prove that
the blonde woman who met the defendant
at his hotel was Malvina Schmidt, the
defendant's sister-in-law. The evidence
at trial revealed that although the
defendant had been met and transported
to a different airport by a blonde woman
on a different occasion, no one picked
up the defendant at his Omaha hotel. The
evidence did demonstrate that the
defendant eventually met his sister-in-law at
a restaurant in the Omaha area.
Accordingly, on appeal the government has
shifted its perjury allegation by
recasting the defendant's denial of knowledge
about the name of the blonde woman who
met him at his hotel into a denial of
"knowing who was with [Mr.] Powell in
the Omaha area." In response, the
defendant claims his conviction should
be reversed because the identity of the
woman whom he incorrectly recalled to
have met at his Omaha hotel is immaterial
to any matters then before the grand
jury and thus not perjurious.
II.
ISSUES ON APPEAL
7
The defendant has raised several
challenges to his
convictions on
appeal. We reach only three of his challenges. The defendant's
first allegation of error involves the
refusal of the trial court to grant a
pretrial motion to have the prosecutor,
Mr. Gorder, recused from the case so
that the defendant could call Mr. Gorder
as a witness. The defendant also claims
that the prosecutor exceeded the bounds
of proper argument during closing
argument and the defendant was thereby
prejudiced. The final contention of error
challenges the materiality of the
defendant's allegedly perjurious statements
regarding the blonde woman at the
Omaha airport.
8
The
defendant has
also raised a claim
of insufficiency of the evidence as to counts seven and
eight of the indictment which charged
the defendant with violations of the false
statement statute, 18 U.S.C. Sec. 1001.
In essence, the government presented
evidence that the defendant attempted to
secure the release of his client Betty
Powell through the submission of an
appeal bond form that the defendant knew was
not authorized by the named bond
company. Viewing the evidence in the light most
favorable to the prosecution we find the
evidence presented sufficient to enable
a rational trier of fact to find the
essential elements of the crime beyond a
reasonable doubt. Jackson v. Virginia,
443 U.S. 307, 319, 99 S.Ct. 2781, 2789,
61 L.Ed.2d 560 (1979). Nonetheless, for
the reasons discussed in the balance of
the opinion, we reverse the defendant's
convictions on these and the other
counts of the indictment.
A. The
Propriety of a Prosecuting
Witness
9
The prosecutor in this case, Assistant
United States
Attorney Charles
Gorder, was also the prosecutor in the previous trial of Betty
Powell. Mr. Gorder not only opposed the
defendant in that trial but also
conducted the examination of the
defendant in both the grand jury and bond
proceedings that are the subject of
defendant's perjury convictions in this
case. Mr. Gorder was also involved in
the discussions with the bond agency as to
the adequacy of Mrs. Powell's bond
collateral which gave rise to the defendant's
false statement convictions. Finally, on
several occasions Mr. Gorder negotiated
directly with the defendant for the
surrender of Ronald Powell, the fugitive
whom the defendant was accused of
harboring and giving aid. Thus, although he
never took the stand, Mr. Gorder was a
witness to, and indeed a participant in,
some aspect of all of the events alleged
in the indictment.
10
The
defendant was charged and convicted of
being an accessory after the fact to Mr.
Powell's criminal offenses in that the
defendant did "receive, relieve, comfort
and assist Ronald Lee Powell in
order to hinder and prevent his apprehension,
trial and punishment, " in violation of
18 U.S.C. Sec. 3. During trial the
principal defense asserted by the
defendant to this count, and the harboring a
fugitive charge, revolved around the
defendant's efforts to successfully
negotiate Mr. Powell's surrender with
Mr. Gorder. Rather than harboring or
assisting Mr. Powell, the defendant
contended he was actively conducting the
ongoing negotiations for Mr. Powell's
timely surrender through direct
communications with both Mr. Gorder and
Mr. Powell. Obviously, this defense
hinges substantially on the availability
of evidence detailing the defendant's
role in these surrender
negotiations.
11
Both before
and during the
trial defense
counsel unsuccessfully moved the court to recuse the prosecutor to
enable the defense to call him as a
witness. After final argument the defendant
moved for a mistrial because the
prosecutor's remarks "reaffirm[ed] Mr. Gorder's
role as a witness in the case without
cross-examination, because they appeared
to be, in the way that they were framed,
assertions of personal knowledge based
on his dealings with Mr. Prantil." At
every juncture, the prosecutor refused
either to recuse himself or to testify.
The trial court declined to disturb the
prosecutor's decision and denied,
without comment, all of the defendant's
motions on this matter.
12
The prosecutor defended his decision,
and
the trial court concurred, on
the grounds that his testimony was unnecessary and
cumulative to the defendant's case. We
recognize that a defendant has an
obligation to exhaust other available
sources of evidence before a court should
sustain a defendant's efforts to call a
participating prosecutor as a witness.
United States v. West, 680 F.2d 652, 654
(9th Cir.1982). Nonetheless, the
defendant's obligation to resort to
alternative means of adducing factual
testimony is not absolute. Both the
quality and quantity of the alternate
sources of evidence are proper subjects
for comparison with that sought directly
from the participating prosecutor. For
example, in this case the prosecutor
contends that his testimony on the
defendant's efforts to arrange for the
surrender of the fugitive Ron Powell was
unnecessary and cumulative.
Attention All Managers- Urgent Scam Alert !
Beware Of Mary T. Prantil Of Astoria New York
11106
A.K.A. "Rebecca New Yorker"on Complaints Board
Dear Sir or Madam, we felt it necessary to inform you of some
activity that may, or may not be taking place in your business regarding a
individual by the name of Mary T. Prantil, ((( This email
is a Not Spam, Neither is it a joke, But a warning alert to all businesses
))).
This is a courtesy warning coming from one company to another,
that we hope you will take seriously as this could mean the difference between
your company running smoothly, or having a business filled with unending
disruption and bad press all over the Internet as a direct result of this
person.
Miss Prantil, has not only harassed our business via sending
us thousands of nasty, false and malicious messages via emails and through her
phone calls to us, but has also carried on this same activity with five or six
other unrelated on-line and land based businesses that we know of presently.
The person previously mentioned has also posted thousands of
disingenuous and hostile postings against us all over the Internet in her effort
to slander not only our personal names but business names as well in a effort
to ruin and impede our free trade with others.
Again, she has carried this out against many other people along
with their businesses in New York, Florida and Idaho etc.
I'm writing you today for the sole reason that
this individual frequents, and tends to use the services of in-house apartment
computers along with those found in Internet cafe' to launch any slanderous
material from along with any virus that she decides to send out to
others.
Miss Prantil makes a game out of obtaining services from a
particular Company and then either charges back, or writes bad checks for the
services that were rendered to her. If she can't get away with this activity,
then she starts harassing these same companies in ways you can't even begin to
imagine.
Mary T. Prantil also tends to threaten lawsuits of a frivolous
nature against any company that dares to challenge her fictitious charges
against them for the sake of merely obtaining some kind of a settlement against
a company.
Prantil will also routinely use many other forms of harassment
against a person or company in a effort to either cause financial loss to the
companies, diminish the companies or persons reputation, or to just cause
personal stress.
To give you a idea of what this
individual will do in disrupting a business, or a private individuals life,
please read the following: (1): Files false police reports against her victim,
(2): Sends constant, or perpetually harassing and nasty calls, emails or
both. (3): She spam's extremely negative content in her post on the forum sites,
not to mention any other slanderous material that she can post on other sites
she may find. (4): Prantil will turn companies in to federal, state and local
agencies such as zoning. Human services, I.R.S,F.B.I, D.O.J, F.C.C and B.B.B for
whatever reason she can think of that will cause problems for all concerned.
(5):She will enlist the aid of others to call, email,
write and threaten company owners and private persons alike. (6): Attempts
to disrupt and impede business calls by filling up the answering services with
nasty, belligerent and highly insultive accusations. She does this use up any
space left on a recorder to block any potential Clients that might be that might
be trying to contact you. (7): Hires others to potentially hack into business
computer systems. (8): Prantil is a Habitchual liar who will say just about
anything that makes a splash in getting her way. (9): She will call from
numerous phones and blocked numbers, ((10): Writes from numerous email
addresses after someone blocks her via email or phone. (11): Attempts to altar
paper work, or important documents concerning any disputes she might have with
another.
((12): Enlist the aid of others to lie or perjure themselves
for money. (10): This person has been conducting her slamming campaigns on us
for over three years now and thus she is resilient to say the least. (13): She
attempts to turn other companies against one another as what occurred in our
instance. Prantil stays up all night and begins her unlawful activity around
3:00 to 4:00 in the AM, I would assume that her drug and alcohol abuse
contributes to this. This individual will stay up all
night and into the day while making her rounds in harassing several people at
once. This quit simply isn't a very nice person who
practices a great deal of deception and manipulation in obtaining monies,
products and services from unsuspecting Companies.
You can read more concerning this person background on the web
link provided below as it will take you to her criminal records that we pulled
up in a background search along with legal sites who present the official
records of her twice disbarred father for drugs, tainting evidence in a homicide
trial, and taking or misappropriation of a sum of money to the tune of $
700,000.00 out of a ex-Clients home etc. There's a lot to read here but we hope
you'll take the time to go over it all. It's our only wish to warn others about
this person so they won't fall victim to her as many scams that others and
ourselves have fallen pray to in the past.
Miss Prantil regards herself as a hand and foot model,
corporate executive assistant, comedian, ballerina and writer who talks a great
deal about her alleged experience during the 911 crisis. Prantil typically will
work through temporary labor services, and hangs out around small comedy clubs
and Internet cafes most of the time there in Astoria New York. Again, she likes
to gain access to cell phones and computers to launce her attacks on other
people through, so the computer she's using isn't tracked back to herself and
more so leads to others.
This person comes off
as very sweet and needy person at first, so don't fall for her scam. In short,
this is a very hateful person who feels the world owes her a living and thus
will do or say anything to obtain the buck including going after innocent
companies such as yours. Miss Prantil is there in your neighborhood looking for
new victims, so please be careful. You can obtain Prantil's email addresses and
phone numbers off the link provided below that will intern take you to her
personal sites.
It's gotten so bad for us that we found it necessary to
construct an entire web site on Miss Prantil in a effort to debunk everything
she's said, and is saying in her effort to destroy our business over the
last three years. If you have any questions regarding what you've read in this
email or on the web sites, please drop us a line via the number provided for you
below. In closing, please warn everyone that you care about in who this person
really is so she doesn't find any more victims out there, or use the services of
other companies to harass yet other companies through. Lastly, so Miss Prantil
can't scam any other unsuspecting people that she might run across.
If you should come into contact with this person, Please watch
her around your computers as she will extract any information from them while
using that same computer against someone else in a attempt to slander or impede
free trade. To possible interfere or cause disruption in a private persons
life. Again, don't let her barrow your cell or home phone as she will use this
to harass ether people from. It's a very good idea not to give her your home,
cell or true email address to her as she will use these mediums to harass you
through should you offend her in some small way.
Again, If you have any questions about what we've posted on
this person pertaining to the site, we will provide any and all relative contact
information to the people and businesses that she has scammed and harassed over
the years, including the three people who currently have aggravated harassment
suits against her presently there in Queens Astoria and Manhattan New York.
I really hope that you take this warning seriously not to
mention taking a few minutes to go view the site of: