Larry Maxwell Mortgage Fraud Trial: Prosecution Rebuts Defense Theories And Misdirection, Actually Defines "Mumbo Jumbo!"

Usually, Defense Attorney Larry Reed is pretty good at "playing the clock" to his advantage. By what APPEARED to be skillful use of delaying tactics, Reed's client, Larry Maxwell, got lucky with a short cross examination of Reverend Jerry McAfee by the prosecution.

Today, however, the tactic seemed to backfire. By bumping the prosecution's "closing rebuttal" to the next day, Reed handed his opponent time to prepare skillful, polished rebuttal arguments.

The day started with one of life's petty insults...

Reed arrived in court and there, in his seat, was a rough-looking Joe Citizen, dealing with a hearing in a dispute over some minor auto accident insurance claim. Reed was forced to take a seat in the spectator section as the citizen's petty legal issue--oh-so-important to the citizen, of course, who was wearing a DUCK HUNTING JACKET--was dealt with by Judge Chu in her usual calm, polite, even kindly way.

Reed finally got his seat back and settled into his usual lanky slouch. Reed made an inquiry as to the nature of the closing rebuttal, as though this were some new animal--the NOVELTY of it, ladies and gentlemen!--a "closing rebuttal."

"Your honor, I'd like to know WHAT is being rebutted," said Reed, as though it must be something very specific. What nasty surprise was waiting? What did the prosecution KNOW?

"I guess we'll find out," said Judge Chu.

"I love suprises," Reed DID NOT reply.

Brad Johnson said there was no limitation in the rules to the scope of his rebuttal and, unless he misstates the law, there is no "sur rebuttal." Reed didn't like THAT, but what could he do? The "sur rebuttal" went something like this:

PREFACE: The state often focuses its argument on the burden of proof. The defense can present theories. Not surprisingly, we disagree. And, not surprisingly, the law gives the state a chance to rebut the theories thrown out by the defense in its closing statement.

CHARACTER WITNESSES: These were, in fact, character witnesses. One witness said she "loved" Larry Reed. Another said he knew "the whole man." Larry Reed was indeed a capable person who could get things done. But one of the most regrettable of all human character traits has to be the casting or shifting of blame for one's own misconduct, showing no remorse, no ownership of misdeeds, just excuses. Instead of accepting responsibility, Larry Maxwell tries to blame everybody else for his own misconduct.

THE CHARACTER OF DETECTIVE CARDENAS: Up close, looking directly at the jurors, casting his look toward them individually, Johnson said, "IF YOU...were the victim of identity fraud, would you be so lucky that a detective would go all the way to California and bring back the one who possessed and used that ID?"

TYNESSIA SNODDY, CRIMINAL MASTERMIND: Yes, Snoddy is connected to 1564 Hillside, but she's NOT connected to the fake Mr. Foster. The faked up documents were found in Larry Maxwell's house.

WEAK, FANCIFUL THEORIES: It is the job of the state to prove the elements, not to debunk "conjecture and speculation." These questions by the defense--which feature the word "Might" probably--merely show how weak their theories are.

MISDIRECTION BY THE DEFENSE: The name of the fake Williams ID was DONALD TAYLOR WILLIAMS, not Donald Tyrone Williams. It is a misdirect by defense to say the middle name on the fake ID was "Tyrone" not "Taylor." The ID was used by Tyrone T. Williams.

I'd have to say the misdirection worked, until the prosecutor pointed it out. I was also sucked into believing there was a "Donald TYRONE Williams" identification as part of this case. One more layer of "innocent dupe" is peeled away to reveal the skin of a cunning serpent.

COMMISSION REBATES...ON FRAUD! There is also, Johnson said, this "specious theory" about commission rebates.

"Objection!" said Reed.

"Over ruled," said Chu. Of course, with objections so FREQUENT, it's not like the fate of any particular, individual objection changes the overall stats, much.

"In a sense," Johnson continued, "one person's commission rebate is another person's illegal rebate." IF the commission was taken by FRAUD, any rebate of that money is an ILLEGAL KICKBACK. Moreover, Johnson emphasized, Larry Reed was convicted before. he submitted fake pay stubs to get FHA-insured loans.

MUMBO JUMBO DEFINED AND CLARIFIED: Responding to Defense Attorney Larry Reed's assertion that the racketeering statute was difficult, confusing "mumbo jumbo," Johnson defined mumbo jumbo as follows:

MUMBO: Organized crime.

JUMBO: Pattern of criminal activity.

The defense, Johnson said, has tried to suggest Larry Maxwell is a dupe, that he's not SOPHISTICATED enough to understand what's going on around him.

"Hennepin County has rarely seen such a sophisticated criminal or such a sophisticated criminal enterprise," Johnson asserted. Writing down the words, I thought, "This is going to get Larry some serious respect in The Big House. Therefore, SHOULD I even write down these words? Well, the truth is the truth, and there it is."

"Was Larry Maxwell a dupe?" Johnson asked. "Or was he cunning in how he committed these crimes?" Johnson recalled the words of Cynthia Lomeier, when Larry Reed asserted certain documents did not exist, could not be found.

"How convenient," Lohmeier answered.

Johnson put a copy of Larry Maxwell's business plan up on the screen. A criminal enterprise, defined with a flow chart. HOW CONVENIENT. Johnson then projected a copy of handwritten notes from an "empowerment conference" that Johnson attended, where he wrote down "SHEEP VERSUS WOLVES."

"Sheep are trusting, they trust in the shepherd. Wolves--schemers." A biblical verse was on the document, Matthew 10:16. "I send you out as sheep among the wolves, therefore be as cunning as serpents and as innocent as doves."

"In these transactions," Johnson asked. "Who were the sheep? Who was the SCHEMER?"

After seven weeks--SEVEN WEEKS OF SACRIFICE--it was an almost spiritual moment as Johnson told the jury, "Maxwell was wise as a serpent, but not wiser than the 12 of you. Innocent as a dove? No, not on this evidence, not on this record. DO YOUR DUTY and convict this man of the crimes charged."

It looked like it was over, but Larry Reed never gives up.

"May we approach, your honor?" he asked. The lawyers went to the judge's bench. I couldn't hear what was being said. Mumbo jumbo, mumbo jumbo. Brad shook his head "no," and Judge Chu followed. No. There would be no "sur sur rebuttal."

No came a sad duty by the judge, the dismissal of the alternates. This decimated the section of jurors I call "the pink ladies," sending home Ms. Spack (spelling unknown) and Ms. Lawson, the "frequently smiling" woman, and the older lady who put off a doctor's appointment to show up. And she was merely an alternate!

The alternates shook hands all the way out. It seemed like they shook every hand. Spontaneously, without direction from the judge, individuals in the spectator galley respectfully stood for the dismissal of the two alternates. That left two empty seats right in the front middle. The juror box looked like a military unit which had just taken casualties, and--in place of two beloved comrades--has empty boots beneath a helmet and a rifle. The remaining pink lady--the one I call The Queen--had to move far out of the jury box to let the two alternates get past. She gave them a respectful nod as she shook their hand.

Subsequently, I learned The Queen was a former UNITED STATES MARINE. Late at night, when Brad Johnson lies in bed at night and hopes to get a conviction, he must dream of this woman becoming the foreman.

A Hennepin County Sheriff's deputy stepped forward and swore an oath to protect the deliberations. He is a pleasant individual, not a hard ass at all, who allowed me to keep my laptop after Judge Chu specifically told him it was alright, as I was making no attempt to take pictures or record audio, merely taking notes. Bringing me back word, he went out of his way to say he wasn't trying to be hard on me. In criminal law classes, one learns there are three types of police officers: the rookie, Mr. By The Book, the burn out and the "social worker." He's the last one. He got into police work to help people, not throw his weight around.

Judge Chu instructed the jurors to only converse in the jury room, and only when the entire jury is there.

"The case is now in your wise hands," said Chu. "ANd I know you will come up with a wise decision."

The jury was hardly gone when Reed was making an objection, claiming there was some problem concerning "possession of the exhibits," saying the exhibits had not been in the possession of the clerk of the court the whole time. Chu responded--with textbook patience--that OBVIOUSLY exhibits have been in the hands of lawyers, too, who are officers of the court.

Reed wants to note his objection for the record. So noted. There was, after that, some running around in search of the mysteriously misplaced Defense Exhibit 315. A few minutes later, the dutiful handy and ever hard-working Liz Johnston managed to find the document, depriving Larry Reed of yet another argument in his dreams of a mistrial...not that Reed won't try to make something of the brief disappearance of the document.

Perhaps it was...the mysterious man in the Chevy Magnum?