..Lloyd,
There you go, Lloyd, raising your own predicate, then shooting it down.
I never said he was framed; to the contrary. I've always maintained
that he committed misconduct. But here's where it gets over your head
apparently. Pay close attention and make an effort to comprehend.
The Federal Government's position was that Herb was a kingpin of crime,
defrauding Calls out of thousands. And so they presecuted three counts
of felony. Two of those counts required a jurisdictional minimum of
$1000, and the feds simply falsified his alleged wrongdoing to come up
to that amount.
Here's how I discovered the ruse. The printout was laid on the trial
at the last minute (I wish I understood the federal rules and why his
lawyer couldn't exclude it). Anyway, the printout made their case a
fait accompli.
After the trial, I asked for a copy and studied it all the way back to
Miami. Noting two calls showing where Herb had called Miami, I visited
those people and got Affidavits that neither even knew a Herb
Schoenbohm, let alone talked to him.
Put before the Court, the Affidavits resulted in two of the jury
verdicts being overturned. The remaining was weak because it was
"possession of a counterfeit access device with the intent to defraud."
The access devise was a stretch of first impression to encompass a
pass code in Herb's head. Trouble is, the Feds never specified any
precise pass code. Vague and without specificity, that count should
have gone too, in my view.
I am not condoning his behavior in any way, just attempting to relate
the intracacies as I saw them unfold. And yes, Lloyd, I get a kick out
of moving social causes in a positive direction for society, which was
part of my upbringing. There is a much more important issue occupying
me right now and it is just breaking in the press. (For more info, put
into Google Newgroup Search: "The Florida Bar is Corrupt.") Yes Lloyd,
by their nature, these issues all do mature and reach the press. But
before that, there is untold work that goes into them with little note.
Bob Sherin, W4ASX
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