Fayetteville : Judge: Fincher not in ‘militia’
Posted on Thursday, January 11, 2007
URL: http://www.nwanews.com/adg/News/178526/
FAYETTEVILLE — Attorneys for a Washington County man facing gun charges can only speak of his militia activities if they can prove the organization is sanctioned by the state of Arkansas, a federal judge ruled Wednesday.
Hollis Wayne Fincher, 60, faces charges of possession of a machine gun and possession of a firearm not registered in the National Firearms Registration and Transfer Record.
Fincher is a member of the Militia of Washington County, a group established in 1994 to “to defend the liberty of the citizens of the state of Arkansas, and these United States, through education, participation, and action,” according to the group’s Web site.
The group is not affiliated with any government agency.
No case law exists that allows a member of a “nongovernment” militia to possess illegal weapons, U. S. District Judge Jimm L. Hendren said.
Evidence on any private militia “would mislead the jury,” Hendren said. The judge also said he would have to approve all evidence about the militia before it could be introduced to the jury.
Defense attorney Oscar Stilley objected to the limitations, but declined to say in court what evidence he planned to introduce about the militia as part of his client’s defense. Stilley has said evidence about the militia group was a big part of Fincher’s defense.
The judge’s ruling delayed court proceedings Wednesday afternoon as both sides asked to consult with Hendren without jurors present. Hendren sent jurors home early and ordered the attorneys into his chambers so they could talk about concerns over evidence.
Testimony will resume at 8: 30 a. m. today at the U. S. District Courthouse in Fayetteville.
Wade Vittitow, a special agent with the federal Bureau of Alcohol, Tobacco, Firearms and Explosives, testified Wednesday that investigators seized 15 guns from Fincher’s home Nov. 9. Several of those guns were homemade machine guns and inscribed with Fincher’s name and the word “non-commercial,” Vittitow said.
The agency started investigating Fincher after he appeared in a newspaper article with his homemade weapons, Vittitow said.
“We started gathering intelligence on Fincher and obtained a confidential informant who knew Fincher,” Vittitow said.
On cross-examination, Vittitow said he first heard about Fincher when he arrived at the Fort Smith office in 2002. Assistant U. S. attorney Wendy Johnson objected when Stilley tried to question Vittitow about a letter Fincher wrote to the government agency detailing his militia ties and weapon ownership. Stilley told jurors that Fincher has never denied owning the weapons and he believes he has a right to own those guns. The government objected when Stilley mentioned Fincher’s activities in the Militia of Washington County during his opening statement.
The government said Wednesday they planned to call three more federal agents from the Bureau of Alcohol, Tobacco, Firearms and Explosives and an investigator from the Washington County sheriff’s office.
The defense said it planned to call officials in the Washington County clerk’s office, Washington County Sheriff Tim Helder and several other witnesses. Stilley did not say if Fincher would testify in his own defense.
The trial is expected to end Friday.