Motion for 1118.21 filed today to dismiss case entirely. Gary Michelson, Forbes, billionaire

The prosecution rested today at 3:00 pm. Judge dismissed the jury. After the jury left the Judge, prosecution and defense went over exhibits and evidence. Defense stated they will call two witnesses only for 15 minutes then rest. Judge said they have to go over exhibits and evidence before he can look at the motion to dismiss.

Here is California penal code section 1118.

1118.1.  In a case tried before a jury, the court on motion of the
defendant or on its own motion, at the close of the evidence on
either side and before the case is submitted to the jury for
decision, shall order the entry of a judgment of acquittal of one or
more of the offenses charged in the accusatory pleading if the
evidence then before the court is insufficient to sustain a
conviction of such offense or offenses on appeal. If such a motion
for judgment of acquittal at the close of the evidence offered by the
prosecution is not granted, the defendant may offer evidence without
first having reserved that right.

1118.2.  A judgment of acquittal entered pursuant to the provisions
of Section 1118 or 1118.1 shall not be appealable and is a bar to any
other prosecution for the same offense.

I believe the defense should win this motion. The DA did not show that a crime was committed. Gary Michelson contradicted his testimony and lied so much that his entire testimony needs to be thrown out. Gary is the only witness.

More importantly the DA has no evidence of a crime. Gary admitted he agreed to buy the land for a certain price and he did. Gary admitted he received the land. There was never a 6% commission agreement. Neil and Richard did not steal any money.

The only evidence the DA has is some bank statements which show Richard sending money to Neil. We don't know why he sent the money. There is no way to know. I know that Richard and Neil used to sell exotic cars to people for profit.

The supposed emails between Neil and Richard did not come from Richard's computer. In fact DA looked in Richard's laptop but the emails were not in there. They were in computers supposedly taken in Costa Rica then sloppily stored, handled, passed around by various people for years. Chain of evidence has been lost.

On top of all of this the evidence shows that Neil and Richard caused Gary to make a ton of money. The land appraised at 50M to 80M by Gary's own teak farm manager. He paid $23M for the land. Gary is just sore that he sold after the Costa Rican real estate market crashed. Even then Gary still made money on the sale. Gary just wanted to make even more money. CR market is still depressed.

Today we found out that Gary doesn't just have 2,000 acres left in Costa Rica. He has 2,000 hectares. One hectare equals 2.47 acres. Gary has 5,424 acres left. Previously he kept saying he only had 2,000 acres, yet another lie.

I don't even know if this will all really matter. I saw three jurors at once fast asleep. We were all looking over at them thinking shouldn't someone wake them up? I don't blame them for sleeping. DA Robert Knowles was putting everyone to sleep with his slow, soft voice. I got pretty sleep but made sure to stay awake.

The Judge was fair and knowledgeable. He also has a good sense of humor which the jury and others enjoy. It also helped wake them up.

Neil's mother and father in law were there. Father in law got on the stand to say that Neil told him he had a teak plantation. He didn't know of other work Neil was doing. I think Neil's wife Juli's sister was also there with them. Neil married Juli March 2008. They have a six year old daughter Ruby. They separated July 2011 which doesn't make sense. Why were they living together in 2013 when Neil was arrested? They left when we broke for lunch.

A guy named Robert Mills who owns Southbay Lexus got up and said Neil is a very good person. He testified that he was the manager at the dealership until June 2002 when he left.

Standing outside the courtroom before trial I heard the jury talking. Most of them Spanish is their first language. There are three young guys. The rest are older people. Most were Hispanic. It actually helped because one witness spoke Spanish with an interpreter. Interpreter did an okay job but messed up some real estate words. I only know because I know Spanish real estate terms. Otherwise the translator was good.

Defense, DA must be there tomorrow at 10:00 a.m. Jury does not return until 1:30 pm. Judge needs to go over evidence, jury instructions and the motion to dismiss.

I feel a little bad for Robert Knowles. He is just doing his job. I bet he will regret getting stuck with this case. Gary Michelson did exactly as I said he would on the stand. He made up shit, lied like crazy, perjured himself many times. Gary told four different stories for the same event. Yesterday he made up a new story where Neil paid Richard $1,000/mo to do all the work he did. He said there was an agreement. No agreement and it never happened. Why would Richard do all that work for $1,000/mo when Marten is making $30K/mo doing the same thing? Gary really thinks he can say and do anything he wants. He lied about 2,000 acres when it was 5,434 acres. Judge said he doesn't know if he's allowed to give jurors a calculator. We all have calculators on our smart phones. I used mine in the courtroom to figure out acres from hectares.

Just saw this. Seems Judge Craig Richman personally knows some crazy people. A crazy lady filed false criminal charges against him. Why did they go after Judge Craig Richman when they knew a crazy person made the charges? I hope Judge Richman knows that Gary Michelson tried to file false criminal charges against another man. LAPD investigated and said there was no crime. Gary then begged me and the Mayor to tell the LAPD to arrest the man. We spoke with LAPD who said Gary is a "liar," "crazy," and "no crime was committed." Even though we told Gary this he kept telling everyone that the LAPD would arrest the man any day. It didn't happen. In fact the man sued Gary for defamation and got a quick settlement. I hope Neil and Richard can sue Gary after the case is dismissed. I regret not suing Gary when he defamed me and perjured himself repeatedly.

http://articles.latimes.com/2014/feb/06/local/la-me-ln-judge-is-acquitted-of-battery-in-trial-over-dog-waste-dispute-20140206

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