Tony Alamo News

4/18/10 – TG: Alamo brief argues that sex with Jane Does was “incidental”, not “a dominant” purpose for out of state travel ***COMMENTS***

Texarkana Gazette
April 18, 2010
By: Lynn LaRowe

Alamo cites religion, wants appeal
Convicted evangelist says he deserves new trial because of judge’s beliefs

Tony Alamo contends he should get a new trial because the judge considered his own religious beliefs when sentencing Alamo to 175 years in federal prison, according to documents filed late last week.

The brief, filed on Alamo’s behalf by lawyers John Wesley Hall Jr. of Little Rock and Don Ervin of Houston, alleges that statements made by U.S. District Judge Harry Barnes at sentencing prove Barnes “imposed his own sense of religiosity” when he gave Alamo the maximum on each of 10 counts listed in an indictment accusing him of bringing young girls across state lines for sex.

“These crimes occurred while you were serving as their pastor in your own established church and you were described by others who testified and yourself as a Prophet of God, a person of trust, a person of supreme authority in your church,” is one of two statements Barnes made with which the appeal takes issue.

“ … In prefacing the sentence, the District Court added like appellant was being handed a death sentence, ‘Mr. Alamo, one day you will face a higher and greater judge than me. May he have mercy on your soul,’” the appeal brief states.

The brief argues that the fear that religion may have played a role at sentencing is enough for a reversal.

Hall and Ervin also argue at length that the evidence didn’t prove sex was “a dominant” purpose for the travel of the five Jane Does listed in the indictment.

Each of the 10 counts is reviewed and the brief asserts that the sex was “incidental.”

The brief alleges that a note sent during the first day of deliberations demonstrates that the jury was having trouble believing there was enough evidence to convict Alamo.

The question asked if Alamo had to have sex with a victim out of state to be convicted of traveling with her for sexual purposes.

“Appellant submits this question from the jury underscores the difficulty the jury had with the sufficiency of the evidence,” the brief states.

The brief asks the court to grant Alamo a new trial if some of the counts are dismissed on appeal and others are not.

Ervin and Hall argue that if some of the convictions are thrown out, a new trial is a must.

“If the court determines that some counts survive appellate review, appellant submits that he is entitled to a new trial on the counts that remain because the jury was obviously prejudiced by the evidence that led to conviction on counts with no evidence,” the brief states.

The brief asks that Alamo’s attorneys be allowed time to argue before the appellate judges serving the Eighth Circuit. The government hasn’t yet responded.

Alamo is currently serving his sentence at a federal prison in Tuscon, Ariz.