Jul 7th, 2009 | CONCORD, N.H. -- New Hampshire tax evader Ed Brown took the stand Tuesday during his federal weapons trial, but he may not get a chance to continue.
Brown denied booby-trapping his New Hampshire property and threatening to kill federal agents, but the judge may instruct the jury to disregard his testimony because of Brown's repeated courtroom outbursts.
After a brief, but tense, stare-down between U.S. District Judge George Singal and Brown, the judge said he will decide whether to let Brown continue Wednesday morning.
Brown laced his answers with harsh criticisms of the government, drawing objections from prosecution and prompting Singal to continually cut off Brown's answers.
Brown was especially critical of the federal court for refusing to allow him and his wife, Elaine Brown, to present the case they wanted at their 2007 federal tax evasion trial.
The couple eventually stopped showing up to court and fled to their Plainfield, N.H., home. The prosecution said that was when the Browns began stockpiling an arsenal which they intended to use on U.S. Marshals if they came to arrest them.
They were captured without incident nine months later and now face weapons and conspiracy charges that could keep them in prison for the rest of their lives.
Brown's frustration escalated on Tuesday when Assistant U.S. Attorney Arnold Huftalen pressed Brown to give yes or no answers.
"I know what you're trying to do and it's not going to work with me," Brown said. Singal ordered Brown to be quiet, but he refused. "Do you want the whole truth?" Brown asked repeatedly, yelling over Singal.
Singal sent the jury from courtroom and warned Brown that if he didn't follow his orders, Brown would be removed and his testimony stricken from the record.
"The last judge did, why should you be any different," said Brown.
After meeting with his attorney, Brown agreed to return to the stand, but it wasn't long before Brown began objecting to the judge's restrictions. Again, Singal ordered the jury from the courtroom, then looked down from the bench at Brown and told him it was his final chance.
A staredown ensued, until Brown reluctantly relented.
"If you allow me to give my full testimony as you said earlier about telling the truth, the whole truth and nothing but the truth, I will do everything you say," Brown said.
But Singal adjourned for the day and told Brown's lawyer, Michael Iacopino, he would give Iacopino an opportunity in the morning to convince him to allow Brown to continue testifying.
Brown testified earlier that that he and his wife were looking forward to their 2007 tax evasion trial, but when the judge in that case barred their witnesses from testifying, he stopped attending. Brown later was joined by his wife after their conviction.
Brown said his feelings toward the government changed from frustration to fear when federal agents made a failed attempt to arrest him outside his home in June 2007. Agents fired plastic bullets at a Brown supporter who discovered them in the woods.
Hearing the shots and seeing a medical helicopter flying overhead led him to believe agents were coming to kill him, Brown said.
"Frankly, I was scared to death," he said. "All I had was visions of Waco and also what happened at Ruby Ridge."
Brown said that was when he started building pipe bombs and creating shrapnel-spraying bombs by taping nails to more than a dozen black powder cans. Brown denied that he had booby-trapped his property to kill federal agents. He said explosives in the woods around his fortified home were designed to scare intruders, not harm them, and to alert him that someone was in the woods.
The prosecution rested on Tuesday after five days of testimony. The defense is expected to rest by Thursday morning.
Also Tuesday, a male juror was dismissed. No reason was given and the judge told the remaining 13 jurors not to speculate.
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