Judge delays decision in '241' bail hearing
by Sam Friedman / sfriedman@newsminer.com
Jul 28, 2011 | 2271 views | 12 12 comments | 9 9 recommendations | email to a friend | print
FAIRBANKS — Coleman Barney, one of five defendants in the “241” murder conspiracy case, took the witness stand in his own defense at a bail hearing Thursday at the Fairbanks Federal Building. The 37-year-old North Pole business owner asked the court to release him into custody of his younger brother while he awaits trial.

Federal District Court Judge Robert J. Bryan heard four hours of testimony from Barney, his brother and an FBI agent. Afterward, he said he would postpone his ruling until Monday, something he said he seldom does. Barney’s bail was already reduced from $2 million to $100,000 in a separate case in state court.

In U.S. court, he is being held without bail.

Bryan ruled against a proposed gag order that sought to restrict attorneys’ contact with the media. He reminded the attorneys to follow rules of professional conduct when speaking with the media. The issue came up after Barney’s attorney, Tim Dooley, was quoted in the Daily News-Miner saying he has not heard his client support the “241” plan in a sample of the more than 100 hours of secret recordings made in this case.

Barney said Thursday under oath that he does not believe there are incriminating recordings because he always spoke against “241,” a plan to kill Alaska State Troopers and court officials. He said FBI informant Gerald “JR” Olson had pushed the plan.

Dooley challenged Olson’s credibility, bringing up Olson’s criminal convictions related to a fraudulent septic system business and calling him the “Sewage King.” Olson recently received a reduced sentence for the septic system fraud in recognition of his help with the “241” investigation.

Barney has no criminal record beyond traffic tickets. He owns the business Mammoth Electric and is a leader in his Church of Latter Day Saints ward, Dooley said.

In federal court, all charges against Barney relate to illegal weapons. Barney responded to a series of photographs of weapons seized from him after his March 10 arrest.

Some weapons, such as a silencer for a pistol, are legal because he ordered it from a weapons dealer, he said. The dealer was FBI informant Bill Fulton, an Anchorage bounty hunter and gun dealer who handcuffed a reporter while working as a security guard for former U.S. Senate candidate Joe Miller.

Other weapons, such as a launcher for tear gas and rubber bullets, belonged to codefendant Schaeffer Cox, he said.

Bryan twice asked prosecutors to clarify exactly which weapons were illegal.

“Possession of lots of guns is not illegal,” he said at one point. “The biggest firearm collection I know of is owned by a federal judge.”

Barney is accused of owning a 9-millimeter fully automatic Sten machine gun, a pistol with a silencer and grenade bodies with materials that could potentially make them usable, said Assistant U.S. Attorney Steve Skrocki.

He also said Barney had non-lethal weapons including tear gas and rubber bullets, which can be ruled illegal offensive weapons if there are enough of them or in the context of other weapons.

In cross-examining Barney, Skrocki asked him about his association with Cox and his Peacemaker’s Militia, in which Barney is an officer.

Cox has said publicly many times that he does not think the court system has authority over him because, in part, he believes it is a private corporation. This winter, Cox did not appear at a trial to face a misdemeanor weapons charge. He held a trial for himself at Denny’s instead.

Barney said he served as a juror on the Denny’s trial, along with his parents. Skrocki asked how someone who does not believe in the authority of the court can be expected to be released on bail with court orders.

Barney also said he harbored Cox after a warrant was issued for Cox’s arrest. But he said he does not necessarily understand or agree with all of Cox’s political ideas.

Contact Sam Friedman at 459-7545.
Comments
(12)
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teapartypatriot_2
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July 30, 2011
I feel safer with these guys locked up. They are just a little too nutty to be running around loose.
FreeSpeechIfYouPlease
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July 30, 2011
Lets try that again..

Bear with me folks. The Newsminer is censoring code. What a bunch of party poopers.

This whole case has become a show trial to make examples of the defendants to demonstrate to the demos what happens to individuals who question the authority of the scientific and pseudoscientific intellectual and pseudo intellectual meritocracy, which keeps the demos as tax and mortgage slaves.

FreeSpeechIfYouPlease
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July 30, 2011


This whole case has become a show trial to make examples of the defendants to demonstrate to the
href="http://en.wiktionary.org/wiki/demoi#English" target="_blank">demos
what happens to individuals who

question the authority of the scientific and pseudoscientific intellectual and pseudo intellectual meritocracy,

which keeps the demos as tax and

mortgage slaves.
FreeSpeechIfYouPlease
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July 30, 2011


Religion is supposed to be the opium of the masses, like fluoride is thought by some to be, so it is rather humorous to see it have the opposite affect. The mind process of the believer never ceases to amaze me. Apparently, these people got together and believed things to be so, that were not so, and look at all the trouble it got them into. Now we are all just spectators watching this circus of human folly. The Bible should be taken with a grain of salt and read for what it is –like Shakespeare; the bible is a masterpiece of rhetoric.

doubledumb
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July 29, 2011
So the suckerfish say.
BullMooseParty
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July 29, 2011
I know. I know. We can get them judges and commies to let us out temporarily, see, then we can get on down to Nevada and team up with ole Joey Miller and make our new He Man Women Haters Club, see. And Warren Jeffs, once he shows them judges and commies whats what and gets on out of that Texas prison, well, he can join us and then Sarah and her girls can come on over to our new ranch, see, we gonna declare off limits to judges and commies, see, and then we will have our women folk to share and what not, see. Don't you SEE?
Pearl=W
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July 29, 2011
Good call by Judge Bryan.
aurorawatcher
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July 29, 2011
I don't agree with many of this group's political beliefs -- the whole court-is-a-private-corporation idea is plain conspiracy theory. I took their handout and actually looked up the references provided and it simply was a lot of phrases taken out of context.

That said, I also think our government has gotten completely out of control and that law enforcement at all levels needs to be reigned in. These people are in jail for two things -- talking imprudently and owning legal guns. Anyone who has read the constitution should see the problem with this immediately. It's not against the law to believe conspiracy theories and be paranoid about what the cops might do because you disagree with them. It's not against the law to own legal guns.

Add to that the problems with federal investigations that have come out in recent years (the Stevens trial, for example) and I tend to think there's a whole lot less here than the feds are claiming. There is no law against venting frustration over government interference with your life. Well, that's what the constitution says, but we know that our government no longer follows the constitution, so I'm starting to feel like we're entering a modern 1770 era when we're all going to decide what we believe about liberty and what we're willing to do to protect it. I vote for non-violence, just to be clear on that, but I don't vote for lying down for the government to roll over my citizenship rights.
Flatus
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July 29, 2011
Kudos on the decision not to grant a gag order.

The request was deeply disturbing.

I have confidence in the defense's professionalism and discretion.

doubledumb
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July 29, 2011
Meatloaf song says "Oh let me sleep on it, I'll give you an answere in the morning". Like all these judges, prosecutors have not had any time to think about this bail BS. Where's the right to reasonable bail? The fabricators of these charges are probably the one's who should be behind bars. I was at the Denny's trial and I guarantee it'was a more fair and open system than what is being afforded by the for profit private corporation.
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