Deconstruction of “20 Facts Proving Immoral Deviants Imprisoned Kent Hovind”

The owner of FreeKentHovind dot com has reposted the “20 shocking attacks on Kent that North Korea would welcome” which was deconstructed here last week. This week the blog post has a lurid new title:

20 Facts Proving Immoral Deviants Imprisoned Kent Hovind

Here’s my previous deconstruction. I see no reason to change it.

20. In 2006, a government SWAT team raided Kent Hovind’s creation science ministry. This is illustrated with a picture of the search for the Tsarnaev brothers, which was an active shooter scene.  Additionally, when Creation Science Evangelism, Dinosaur Adventure Land and Kent Hovind’s home were raided in 2004, at least three guns were found on the premises. In light of that, simply going in would have been foolish.  It should also be noted that this point is illustrated with a picture from the search for the Tsarnaev brothers, which involved hundreds of police working an active scene where two murderers on the loose.

19. Kent and his wife, Jo, got arrested at gunpoint. Jo was dragged out of bed and not allowed to get dressed. This violent method of arresting a suspect is usually reserved for hard core gang-related activity. It was disproportionate and a totally over-the-top display of force.

If you had read the history of Kent Hovind’s interactions with the Internal Revenue Service, you would understand that Kent was absolutely uncooperative. Agent M.C. Powe testified that after she seized vehicles from Kent Hovind in 1996 to make up a tax arrearage, she was personally sued three times by Hovind. Special Agent Scott Schneider was also sued a number of times.

In addition, both Kent and Jo had passports and friends overseas and were considered a flight risk.

The point made with regards to number 20 stands as well. Using a picture from the active shooter search for the Tsarnaev brothers is completely misleading.

18. They were both thrown in prison. Jo got released from jail a few years ago, but as February, 2015, Kent maintains his innocence from behind bars.

They were both released on their own recognizance after being arrested. They were not permitted to keep their passports nor their guns. Kent was not taken into custody until after his conviction, months after his initial indictment. Jo Hovind spent less than a year in prison and was out by 2009. Kent is still in prison because he was convicted of 12 counts of tax evasion, 45 counts of structuring and one count of obstructing the IRS by a jury of his peers.

17. The prosecution of Kent Hovind was led by Michelle M. Heldmyer, U.S. Attorney, and J.D. Roy Atchison, assistant U.S. Attorney. In 1993, Judge Richard Kreidler committed suicide when he was caught and charged with the crime of purchasing illegal pornographic materials. The following year, in May 1994, Michelle Heldmyer, now the U.S. Attorney, made national news when it was found that her husband Joseph Heldmyer was on the same pornographic mailing list as the judge. He was never prosecuted. The Sun-Sentinel, in an article entitled, “Attorney’s Actions Warrant Probe,” from May 14, 1994, poses the question, “Why? Is it because he’s the husband of an assistant U.S. attorney, Michelle Heldmyer? Presumably…”

And this has what to do with Kent Hovind? Seriously, talk about your red herrings.

I would also note that Ms. Heldmyer was cleared of all charges with regards to this incident involving her husband. See:

Also, J.D. Roy Atchison was not the prosecuting attorney on this case. He was not at the trial. He filed exactly two documents in the case, numbers 209 and 211 on the docket of the Kent and Jo Hovind trial, which can be found here: . Number 211 was a withdrawal of number 209. So Atchison’s involvement in the 2006 Hovind case was virtually nil. On top of that, Atchison wasn’t arrested until September 16, 2007, which is months after Kent went to prison. rolls eyes Try again.

16. Just a few days after Kent Hovind’s trial, this assistant U.S. attorney, J.D. Roy Atchison, was caught, arrested and jailed for attempting to rape a five-year-old.

This occurred months after Hovind was incarcerated. On top of that, as mentioned in point 17, Atchison filed one document (209) in the Hovind case and then withdrew it (211). He was not the main attorney on the case, Michelle Heldmyer was.

15. At Kent’s trial, Margaret Casey Rodgers, the presiding judge over the case, allegedly said, “Kent Hovind’s crime is worse than rape!” Did the judge know that the prosecutor was a rapist?

This remains unproven. There are, allegedly, affidavits, but the affidavits have not seen the light of day. It’s certainly not mentioned online until at least 2009.

14. To appeal the case, Kent paid $6,000 for a full court transcript. A court transcript is an unedited copy of every word spoken in the courtroom. To be valid, the appeal had to be filed within 12 months. The documents were held back for 16 months, making Kent miss the deadline for appealing his own case.

In a red box at this point in the video, it says, “Correction:  It delayed the appeal when the legal files were held back for 20 months in another matter, but that didn’t invalidate the appeal when the Court Transcripts were delayed. To the best of my knowledge, it is still ongoing.”

Kent got his appeal. Please see the following opinion, decided December 30, 2008:

Kent appealed to the U.S. Supreme Court and his writ of certiorari was denied. He later tried for a writ of mandamus at the Supreme Court but that was also denied on March 28, 2011.

13. Four months after the deadline and too late to file an appeal, Kent finally received the transcript and somebody had tampered with it, removing the judge’s words, “worse than rape.”

12. Eight attendees of the court have signed an affidavit stating that they all heard Judge Margaret Casey Rodgers declare Kent Hovind’s crime to be “worse than rape.” Whoever tampered with the official court transcripts is not known, but that fact alone, that it was tampered with, is enough to overturn the case.

The first mention of this is around 2009. There is no contemporary report that Judge Rodgers said this. Not in the Pensacola newspaper, nor in Jen Fishburne’s contemporaneous report on her blog. Eight vaporware affidavits prove nothing.

It should also be noted that since this was not brought up in the appeal, it is now time-barred. And, on top of that, making this sort of statement, if the judge indeed made this statement, is not reversible error. It was not made to the jury. It was made at sentencing. And, I might note, Her Honor declined the government’s request for an enhanced sentence.

11.  And what hideous, monstrous crime deserves the title “worse than rape”? Structuring. Not murder. Not genocide. No. Structuring. That’s withdrawing any amount of your own money from your own bank account. I’m not making this up. If you withdraw money from your bank more than twice within the last 10 years, then you’re guilty of structuring. He served eight years in prison for a nonsense, made-up crime.

Quoting directly from the federal jury instruction manual regarding the crime of structuring, this is what has to be proven:

FIRST, that the defendant had knowledge of the currency transaction reporting requirements;
SECOND, that the defendant knowingly and willfully [structured] or [assisted in structuring] or [attempted to structure] or [attempted to assist in structuring] a currency transaction;
THIRD, that the purpose of the structured [or attempted] transaction was to evade the currency transaction reporting requirements of §  5313(a);
FOURTH, that the defendant knew that structuring was unlawful; and
FIFTH, that the structured transaction(s) involved one or more domestic financial institutions.

What you stated is not the crime of structuring. Moreover, structuring is used to track criminal activities by drug dealers and terrorists, in addition to tax evaders like Kent Hovind.

Additionally, you missed the other 13 counts Kent Hovind was convicted of. He failed to pay income and Social Security taxes on his employees for 12 quarters, leading to 12 counts of tax evasion. Also, he was convicted of one count of obstructing the IRS.

10. To recap, the assistant U.S. attorney who prosecuted Kent was a rapist. The judge allegedly said Kent Hovind was worse than a rapist.  The prosecutor was then found guilty of rape. Then the judge’s statements about rape got removed from the court transcript. And those transcripts were finally delivered to Kent four months past, beyond the deadline for appeal. And that’s only half of it!

See all the previous points for a detailed rebuttal of this point.

9. Two juries were dismissed until the guilty verdict was made.

This should be more accurately expressed as “two grand jury terms expired before an indictment was handed down.”

Evidence was heard through three grand jury terms. Each term is for eighteen months. Hovind was raided April 2004 and charges were presented in July 2006. At least one, if not two, grand juries would have expired during this time. In a complex case with 58 counts, this is not unexpected, particularly since the juries would have been hearing evidence on other cases at the same time.

For Kent and Jo’s 2006 trial, there was one jury, which found them guilty in less than 4 hours. Please see Volume 9 of the transcript, which has the arguments made to the jury.

8. Kent has been moved around from prison to prison 23 times in 8 years. Some say they’re trying to get him killed. Because the more you move a prisoner around, the more likely they are to share a cell with a violent inmate.

I do not know the transfer policies of the Bureau of Prisons, so I cannot comment on this.

7. Allegedly The IRS agent…Scott Schnider ceased over 42,000 dollars from the Creation Ministry’s safe. And then created a tax bill for the exact amount of money seized.

Scott Schneider issued a receipt for $42,000 seized in the 2004 raid. Not a “tax bill.” The jury found Hovind liable for over $600K in tax arrearages for failing to pay federal income and Social Security taxes on the CSE and DAL employees from 2001-2003. I’d also note that both Kent and Jo Hovind have an additional $3 million personal tax liability for taxes they failed to pay from 1998 to 2006.

6. Judge Margaret Casey Rodgers has a track record of Handing out unjust and outrageous rulings against Bible believers. For example, she issued a contempt order against 2 School teachers… for praying before eating their food. The Washington Times reported, source below, that over 60 congressmen stepped in to show support for the teachers who were facing jail time, and that the Judge was completely out of line ruling against the 1st amendment constitution rights, she ought to have been dismissed as a Judge at that point but the case got settled out of Court, and the Judge is still in office. OUTRAGEOUS.

And this has what to do with a tax evasion, structuring and obstruction of the IRS case? As Judge Rodgers stated at Kent’s sentencing (pp. 105-106):

First, I want you all to understand and be clear on the fact that this case is not and has never been about religion. It was Mr. Hovind, not the government, who injected religion into this case during this trial.

5. The same Judge Margaret Casey Rodgers, who allegedly misdirected the Jury on the first trial, and seems to have delayed the paperwork to stop the appeal, and may have ordered the tampering with Court Transcripts, has been selected to be the new Judge in the upcoming trial.

First, there’s no proof that Judge Rodgers stopped the paperwork for the appeal at any time, particularly since Kent got his appeal.

Second, if Kent’s attorney thinks Her Honor is so very prejudiced against him, he could ask the judge to recuse herself. So far as I can tell, he has not done so. It should be noted that the crimes Kent is accused of are an outgrowth of orders issued from Judge Rodgers.

4. A coordinated effort between the police force who authorized the swat team, the IRS agents who invented tax bills, the prosecutor who was a convicted felon, and the Judge with a track record of issuing heavy handed anti Christian rulings… requires congress to investigate, because unsound, unsafe rough justice will continue to infect the system unless people are made aware.

This point has been debunked above in numerous points. There is nothing new here except some invective about “the system.”

3. While in prison, Kent Hovind has highlighted the fact that Judges are allowed to invest in the prison industrial complex. They can hold stocks in private prisons for profit. Judges are incentivised to hand out longer sentences. Because while the prisons are full, the companies that run those prisons will be in profit, and an invested Judge will take a dividend of that profit. It’s a conflict of interest for a Judge to profit from handing out longer sentences and they ought to be banned from investing in prison related stock.

There is no evidence that Judge Rodgers has any investments in prison-related stock. Kent Hovind needs to either put up or shut up.

2. An internet petition with over 19 thousand signatures on it to free Kent Hovind, was removed from the internet. We know who has the petition but he won’t release it. A link to a new petition can be found below this video.

This is untrue. The current proprietor of 2Peter3 dot com has those 20,000 signatures.

Moreover, it should be noted that justice is not meted out on the basis of popularity. We are a government of laws, not of men.

1. So the number one mind blowing thing that happened to Kent Hovind, is that he now faces, a further 100 years in prison. The new trial set for February 9 2015. The Trial could be moved to March. And what crime has he committed that deserves that sort of lengthy sentence? He mailed a lis pendens on the title of his property. The Government appears to be selling off all his assets and his property is still in dispute. The lis pendens informs any buyers that there’s still a legal dispute over those houses. Once again they’ve made up a ridiculous crime of mail fraud, to unjustly have him jailed for the rest of his life.

The facts are that as a result of the 2006 trial, the property making up CSE, DAL and the Hovind home was seized to make up the partial money judgment of $430,400 assessed. Since the amount of cash seized did not total the amount owed, the government got permission to take the property. The property has been owned by the US government since 2009.

Judge Rodgers did find that the US government could not seize the property owned by Eric Hovind, as it had been owned by him prior to  2001, he had made improvements to the property and had paid all taxes on it.

Since then, Kent Hovind has or has caused his friends to file liens against the properties held by the US government in order to thwart the sale of same.  He had the lis pendens filed on four properties after he filed a Bivins suit against the Bureau of Prisons, because he thought he could get the property back that way. He had been specifically told not to file any more liens or lis pendens on the property by Judge Rodgers, but apparently went ahead and did it anyway. Judge Rodgers issued a document, appended to the records of Escambia County, which dissolved the lis pendens.

Now, we will not know if the government has proven its case until the trial is held.