Tony Alamo News

7/03/09 – TG: Government files response to Alamo defense motion

Texarkana Gazette
July 3, 2009
By: Lynn LaRowe

Government files response to Alamo defense motion

A search warrant for Tony Alamo Christian Ministries based on years-old information wasn’t “fatally stale” because pedophiles typically keep incriminating photos of their victims for a long time, accordingtoadocumentfiledThursday by the U.S. Government.

“Several courts have adopted the proposition that pedophiles typically demonstrate the propensity to hoard and collect items of child pornography,” said the government’s response to a defense motion to suppress evidence collected during a September 2008 raid of ministry property in Fouke, Ark.

Tony Alamo’s defense team, Don Ervin of Houston and Jeff Harrelson of Texarkana, had argued that the government used old information to acquire a search warrant. The motion to suppress also asserted that the credibility of informants mentioned in the search warrant wasn’t proven.

“The information from the first three informants, who were all under the age of 18, comes from their own personal knowledge as victims of the defendant’s criminal activity. All three of these informants related information regarding the defendant’s production and possession of child pornography,” the government’s response said. “In addition … one of the confidential sources of information related that there were as many as eight underage girls living in the home that was the subject of the search in this case.”

The government also argued that Alamo may not have standing to complain about the search warrant because he doesn’t own the property that was searched.

“Although the government believes that the defendant does reside in and control the residence at issue in this case, the defendant recently testified under oath to the contrary,” the government said, referring to Alamo’s testimony during a custody hearing in Miller County Circuit Court Nov. 24, 2008.

Several lines of transcripted Alamo testimony appears in the government’s response.

“That is not church properties. They are privately owned. I don’t own anything and the church doesn’t own anything,” Alamo testified.

The residence at 100 Circle Drive in Fouke, Ark., is registered to Angela Morales, who testified at Alamo’s detention hearing that she is the controversial evangelist’s assistant. She denied being one of his wives.

The government filed a response Thursday to a defense request for a “bill of particulars” that would provide more specific detail about how and where Alamo allegedly broke the law as alleged in the 10-count federal indictment pending against him in the Texarkana Division of the Western District of Arkansas.

The government, led by Assistant U.S. Attorney Kyra Jenner, wants U.S. District Judge Harry Barnes to deny therequest.

The government argues that the indictment provides sufficient detail and that information the defense will receive next week will answer the questions a bill of particulars would provide.

Jury selection in Alamo’s trial is scheduled to begin July 13. The 74-year-old Alamo, whose real name is Bernie LaZar Hoffman, is being held in a jail in downtown Texarkana. U.S. Magistrate Judge Barry Bryant denied bail after ruling that Alamo is a danger to the community and presents a flight risk