6/20/09 – TG: Alamo’s lawyers want more information on charges
Texarkana Gazette
June 20, 2009
By: Lynn LaRowe
Alamo’s lawyers want more information on charges
Tony Alamo’s defense team filed several motions late Friday afternoon requesting more information from the U.S. government.
The 74-year-old evangelist, whose real name is Bernie LaZar Hoffman, is facing a 10-count indictment in the Western District of Arkansas, Texarkana division, alleging he brought young girls across state lines for sex in violation of federal law.
The motions filed Friday asked the court to order the government to produce a bill of particulars that includes specific dates, places and names with respect to the accusations.
The defense wants to know which state lines were crossed, the exact manner in which Alamo allegedly broke the law and specific dates and times instead of ranges of months.
“The superseding indictment further fails to state the names of all persons allegedly involved, including those whom allegedly aided and abetted defendant .. ,” the motion said. “Defendant has no notice of whether he is the alleged actor in each count and others are alleged to have aided and abetted him … or whether he is alleged to have aided and abetted others in the commission of any alleged offense.”
Alamo’s defense team is comprised of Houston attorney Don Ervin and Texarkana lawyer Jeff Harrelson.
Friday’s motions were filed by Harrelson, who could not be reached for comment.
The U.S. Attorney’s Office could not be reached for comment either.
The motion for a bill of particulars references the government’s notice that it intends to call as witnesses women not named in the indictment who allegedly had sexual relationships with Alamo while below the age of consent.
“The notice does not provide the names or ages of the women, or the locations, times or manner of any of these alleged relationships, making it impossible for defendant to respond to or defend against such allegations,” the motion said.
Three of the counts listed in the indictment allegedly occurred in 1994. Alamo’s defense wants to know how long the government has been aware of those allegations.
“This information is necessary to reasonably determine the propriety of the filing of a motion to dismiss based on the Fifth Amendment due process protection against pre-indictment delay,” the motion said.
Also filed Friday was a motion for discovery in the case.
It asks that the government produce all written or recorded statements made by Alamo, including those to a third party “with notice and/or intercepted by wire tap either with or without a warrant.”
Alamo’s legal advocates also want the government to hand over any evidence that might help their client.
“The government may be aware of witnesses who told the law enforcement agents that the facts contained in the indictment did not occur or the alleged victims are simply exaggerating the facts,” the motion stated.
If the government has promised any of its witnesses anything in exchange for their testimonies, the defense wants to know about it. If a deal has been made with a witness, it could lead a jury to question credibility, the motion said.
It has been known for months that California attorney Danny Davis is no longer representing Alamo. On Friday, a motion formally requesting Davis’ withdrawal was filed.
“A conflict has arisen between defendant and one of his counsel, Daniel Davis, that prevents this attorney’s continued representation of defendant,” the motion said.