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MOTION FILED FOR NEW TRIAL FOR YORI VON KAHL

Posted By: mailbag
Date: Sunday, 1-Oct-2006 21:14:13

In Response To: GORDON KAHL: U.S. MARSHAL ROADBLOCK/AMBUSH MEDINA, NORTH DAKOTA (mailbag)

Contact: Barry Bachrach, Esq., Dewey and Bowditch, 311 Main Street, Worcester, MA 01615. For information, call 508-926-3403 or send an e-mail to bbachrach@bowditch.com.

A Motion was filed today in the 8th Circuit Court of Appeals with regard to U.S. v Yorie Von Kahl. In one of the most dramatic court cases in U.S. history, Kahl was convicted in the shooting deaths of two U.S. Marshals and the wounding of other law enforcement officers in an incident that occurred on February 13, 1983, north of Medina., North Dakota. (See: "It’s All About Power" by Former Medina Police Officers Darrell Graf and Steve Schnabel at www.mpdpower.com.) Seeking a new trial, the Motion asks that a Habeas petition be reviewed by the U.S. District Court in Fargo.

"Newly discovered evidence shows that key prosecution witness Bradley Kapp lied on the stand," said Barry Bachrach, Kahl's attorney. "Medical records withheld by government prosecutor Lynn Crooks unequivocally establish that Mr. Kahl did not shoot Kapp. Kapp was not shot by 'bullets,' but by a 'shot gun from 25 feet' as evidenced by 'small pellets.' Mr. Kahl—none of the defendants in this case—had shotguns. Kapp was shot by a fellow law enforcement officer."

The brief submitted today alleges that prosecutor Crooks knew or should have known that Kapp's testimony was untrue. "Crooks presented the testimony anyway, even vouched for the credibility of the witness. The prosecutor also withheld exculpatory evidence that would have shown that the witness wasn't telling the truth."

Bachrach points to an interview conducted in 1992 with Steve Kroft on the television program, "West 57th Street" as proof of Crooks' predisposition to achieve a conviction even if based on false or fraudulent evidence: "…Doesn't bother my conscience one whit. I don't agree that there's anything wrong with that, and I can tell you, it don't bother my conscience if we did," Crooks said.

"The government also introduced a fabricated All Points Bulletin (APB) to support its false contention that the "shoot-out" wasn't premeditated and withheld the original APB from both the defense and the jury. Why? Expressly because it supported the defendants' claim of premeditation. The jury was deceived into believing only one APB existed," Bachrach said.

Other issues were raised in the court brief including juror misconduct. When juror Clara Voight was interviewed after the trial, she adamantly stated her belief that the defendants started shooting first. Her comments indicated, however, that this belief wasn't based on the evidence presented at trial but, as she made clear, because it "…came out in the papers, I mean right on T.V. right away. And I seen it.”

Voight also stated her belief that Kahl and the other defendants were members of the Posse Comitatus. "Of course no testimony or evidence of any kind was presented at trial regarding involvement with the Posse Comitatus on the part of any of the defendants. Sensationalistic pre-trial publicity, fueled by the government, made that claim, a claim that was completely unsupported by the facts," Bachrach said.

"There should be a full hearing on these matters to determine the actual facts and their effects on the jury verdicts." Bachrach said. "Mr. Kahl did not receive a fair trial and I think it's time he got one."

Kahl is serving a life sentence (plus 15 years) in the U.S. Penitentiary at Terre Haute, Indiana. A previous petition, filed in September 2002 and also alleging misconduct that included an invalid arrest warrant, was administratively rejected and never heard by the Court. (See: "A Writ of Habeas Corpus: Documenting the Cause of the Federal Assault on Gordon Kahl at Medina, ND" by Yorie Von Kahl, ISBN 1-4120-0921-9, at www.yorievonkahl.com.)

In 1995, some 71 state supreme and superior court justices, state senators, attorneys and other criminal justice experts and professionals signed an affidavit on their independent findings on the "shoot-out" at Medina and their belief that Kahl was wrongfully convicted: "We were, of course, not entirely unbiased in our investigation… as present and past members of the criminal justice system ourselves… [we] truly wanted… to find no fault and in favor of our slain fellow officers. It is unfortunate, that this was not the case."


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Articles In This Thread

GORDON KAHL: U.S. MARSHAL ROADBLOCK/AMBUSH MEDINA, NORTH DAKOTA
mailbag -- Sunday, 1-Oct-2006 19:47:54
THIS IS TRUE, R U NEXT????? *PIC*
Ghostwolfemoon -- Sunday, 1-Oct-2006 19:57:36
MOTION FILED FOR NEW TRIAL FOR YORI VON KAHL
mailbag -- Sunday, 1-Oct-2006 21:14:13
READER: IF HE'S ACQUITTED, 'THAT GUILT IS WIPED CLEAN'
RMNewsMailbag -- Monday, 2-Oct-2006 13:51:23


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AN EXPLANATION OF THE FACTIONS