Dr. Gary Karlin Michelson, Found Animals Foundation, Forbes billionaire, 20 Million Minds, Alya

Dr. Gary Karlin Michelson, Found Animals Foundation, Forbes billionaire, 20 Million Minds, Alya
Dr. Gary Karlin Michelson, Found Animals Foundation, Forbes billionaire, 20 Million Minds, Alya

Sunday, July 27, 2014

Gary Michelson, 995 filing, People's reply, upcoming hearing, Forbes, billionaire

The DA filed a motion to add back charges 1-43. Defendants filed a 995 motion to dismiss all the charges. Below is definition of 995 in link.


The basis of the motion is (1) statute of limitations has run which makes it impossible for defendants to obtain documents which would prove their innocence. (2) DA provided no evidence that defendants committed a crime in the remaining counts. DA state Defendant Powers offered him a property at a price, Gary agreed, bought the property and received it. DA did not show that defendants stole the money, did not buy the property or did not give the property to Gary. Gary just bought property for a price. (3)  DA also did not prove defendants committed crimes in dismissed counts 1-43 for same reason. (4) DA did not prove Neil was out of state for three years. He was out of state 16 months at the most. (5) Bank records were inadmissible because they cannot be authenticated and there was no evidence for chain of custody. (6) Defendants have a right to a fair trial free from undue prejudice. The delay in this case is extreme prejudice.

Robert Knowles the DA for the People filed a reply and defendants filed a reply. That motion and replies were supposed to be heard July 24, 2014. Somehow defendants' reply to the people was missing so Judge postponed the hearing to August 7, 2014 court S121.

Robert Knowles in his reply makes statements of supposed facts that are not true or not based on any evidence. He even misquotes the Judge. There was never an agreement about a six percent commission in writing or orally. Robert Knowles states there was. Defendants have asked the Judge to strike portions of Knowles' reply for this reason.

The basis of Knowles' reply is that the Judge used the wrong burden of proof for statute of limitations. Judge Pastor ruled that the burden of proof is a "preponderance of the evidence." Knowles states at a preliminary hearing the burden of proof is "probable cause." Knowles also argues about the time Michelson "discovered the possible crime." Knowles states that Gary did not discover the crime until January 2007 at the earliest when he read Martine's report and October 2008 when he learned Neil was receiving money.

Defendants replied that (1) Knowles did not prove the Judge used the wrong standard of proof as it relates to tolling. (2) Defense showed and Judge ruled that a reasonable person would have been on notice December 2005. (3) Gary was on notice and admitted he knew something was wrong in 2005.That is when Cohen told him something might be up. It doesn't matter legally that Neil was his partner and assured him otherwise. (4) DA did not show each element that a crime was committed. DA merely showed unauthenticated emails between defendants. DA did not show that Gary gave them money, they kept the money, did not buy land or did not give land to Gary.

Defense stated that Gary is just out for a pound of flesh. Gary intentionally delayed reporting this situation to the LAPD and DA so that Defendents would not be able to subpoena any documents which would prove their innocence. Gary used his money to influence the DA Steve Cooley and the DA's office again mentioning the personal meetings and lunch. I agree. Based on what I read I think the charges should be dismissed as per statute of limitations, inadmissible evidence and no elements of an actual crime were shown.

A note on statute of limitations. There is a statute of limitations for filing a criminal suit for fraud, theft of four years. The People, State must file a complaint against the defendant within four years of the victim realizing that a crime may have been committed. The State gets an extra three years if the defendant was out of the state for three years for a total of seven years.

The evidence issue is different. Banks must keep bank records for five years. Some banks keep them longer. In this case they kept them seven years. This seven years has nothing to do with the seven year statute of limitation just to be clear. These are two separate issues. It is now physically impossible for defendants to get any bank records to prove their innocence. The only bank records anyone has are inadmissible as they cannot be authenticated and chain of custody is nonexistent. The purpose of the statute of limitations is for this reason. The longer you wait to file a complaint, the less evidence, fewer witnesses and memories fade. In this case what evidence does exist cannot be verified making it inadmissible.

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