AlexRosenberg
Adam Gopnik 360x1000
9albion
James Gould Cozzens 360x1000
Margaret Fuller5 360x1000
lifeinmiddlemarch2
Margaret Fuller1 360x1000
1transcendentalist
storyparadox2
Thomas Piketty1 360x1000
Mary Ann Evans 360x1000
299
12albion
3defense
Spottswood William Robinson 360x1000
Learned Hand 360x1000
7confidencegames
1theleasofus
11albion
Samuel Johnson 360x1000
2paradise
Thomas Piketty3 360x1000
2jesusandjohnwayne
11632
Ruth Bader Ginsburg 360x1000
1albion
Tad Friend 360x1000
1lafayette
3confidencegames
7albion
1gucci
Anthony McCann2 360x1000
2gucci
5confidencegames
2trap
1empireofpain
3theleastofus
2albion
Stormy Daniels 360x1000
Margaret Fuller2 360x1000
Thomas Piketty2 360x1000
4albion
George M Cohan and Lerarned Hand 360x1000
Margaret Fuller 360x1000
Edmund Burke 360x1000
storyparadox3
Brendan Beehan 360x1000
8albion'
Margaret Fuller3 360x1000
5albion
Susie King Taylor2 360x1000
1paradide
Maurice B Foley 360x1000
Storyparadox1
3albion
199
Mark V Holmes 360x1000
499
2lookingforthegoodwar
Maria Popova 360x1000
Susie King Taylor 360x1000
1trap
2falsewitness
Margaret Fuller 2 360x1000
Margaret Fuller4 360x1000
1lookingforthegoodwar
4confidencegames
1defense
George F Wil...360x1000
14albion
Office of Chief Counsel 360x1000
Anthony McCann1 360x1000
1confidencegames
1madoff
2theleastofus
1jesusandjohnwayne
6albion
10abion
Richard Posner 360x1000
3paradise
1lauber
13albion
2transadentilist
2confidencegames
lifeinmiddlemarch1
2lafayette
LillianFaderman
6confidencegames
Lafayette and Jefferson 360x1000
2defense
399
Gilgamesh 360x1000
Betty Friedan 360x1000
1falsewitness

Robert Baty’s facebook site Kent and Jo Hovind v IRS has the text of a government motion to dismiss the remaining counts on Kent Hovind and Paul Hansen’s indictment. The Hovindicators will give all the glory to God for this apparent victory, but they will probably also give a tip of the hat to the good work of the United States Justice Foundation.

Hansen and Hovind are still not out of the woods as they were found guilty of contempt of court in March and face sentencing on that.

Here is the text of the motion.

Document #194
Filed May 16, 2015
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
UNITED STATES OF AMERICA
v. CASE NO. 3:14cr91/MCR
KENT E. HOVIND and
PAUL JOHN HANSEN
GOVERNMENT’S MOTION TO DISMISS COUNTS ONE, TWO AND FOUR OF THE SUPERSEDING INDICTMENT WITHOUT PREJUDICE
COMES NOW the United States of America, by and through the undersigned Assistant United States Attorney, and files this Motion to Dismiss Counts One, Two, and Four of the Superseding Indictment Without Prejudice pursuant to Federal Rules of Criminal Procedure, Rule 48(a).
1.
On May 11 and May 12, 2015, the government received the defendants’ motions to dismiss. (Docs. 180 and 184).
2.
The defendants’ motions to dismiss were filed beyond the deadlines previously set by the Court for the filing of such motions.
3.
The defendants’ motions raise issues regarding the technical sufficiency of the Superseding Indictment, including the adequacy of notice. (Docs. 180 and 184).
4.
Due to the issues raised by the defendants, and the timing of their motions, the government respectfully moves to dismiss Counts One, Two, and Four of the Superseding Indictment without prejudice, pursuant to Rule 48(a) of the Federal Rules of Criminal Procedure.
The government submits that the relief sought is in the interest of justice.
As the government’s motion is made prior to trial, the defendants’ consent is not required. Rule 48(a) provides, The government, may with leave of court, dismiss an indictment, information, or complaint.
The government may not dismiss the prosecution during trial without the defendant’s consent.
The “leave of court” requirement has been interpreted to support the government providing the Court with the reason for its request. United States v. Dyal, 868 F. 2d 424 (11th Cir. 1989); United States v. Salinas, 693 F.2d 348 (5th Cir. 1982); United States v. Cowan, 524 F.2d 504 (5th Cir. 1975).
In Cowan, the Fifth Circuit noted that, The Executive remains the absolute judge of whether a prosecution should be initiated and the first and presumptively the best judge of whether a pending prosecution should be terminated.
The exercise of its discretion with respect to the termination of pending prosecutions should not be judicially disturbed unless clearly contrary to manifest public interest. Cowan, 524 F.2d at 513.
There is a presumption that the government acts in good faith. United States v. Collins, 300 Fed. Appx. 663, 666 (11th Cir. 2008), citing Salinas, 693 F.2d at 352. 5. Therefore, the government moves to Dismiss Counts One, Two, and Four of the Superseding Indictment without prejudice, in the interest of justice, and in order to ensure that the defendants are adequately apprised, with reasonable certainty, of the nature of the accusation.
WHEREFORE, the undersigned Assistant United States Attorney files this Motion to Dismiss Counts One, Two, and Four of the Superseding Indictment Without Prejudice.

 

 

Respectfully submitted,
PAMELA C. MARSH
United States Attorney
/s/ Tiffany H. Eggers
TIFFANY H. EGGERS
Assistant United States Attorney