Pages 91-104
BEGINNING OF J. R. SMITH’S CLOSING ARGUMENT – FALSE STATEMENTS
FALSE STATEMENT #1
(P238-L15-19) SMITH: "THE BUSINESS CONCEPT REQUIRES AN INITIAL BASE GROUP OF PEOPLE WITH A COMMON GOAL. IN ORDER TO ACHIEVE THAT BASE GROUP, HE AGREED TO PAY AN UNHEARD OF GUARANTEED RETURN ON A BUSINESS ‘INVESTMENT’ IN ORDER TO GENERATE THAT CAPITAL”.
COMMENT: Although J. R. stated twice previously, in his closing argument, that he did not understand how TeleCom2000 worked, he never encouraged Al Petty to TESTIFY AND EXPLAIN it to the court. However, even though J. R. admittedly did NOT understand it, in his above statement, he is still ignorant and arrogant enough to make several FALSE STATEMENTS in his DECEPTIVE effort to explain something that he admittedly did NOT understand.
AL PETTY’S BUSINESS CONCEPT DID NOT “REQUIRE AN INITIAL BASE GROUP OF PEOPLE WITH A COMMON GOAL”! (Whatever that statement was referring to?)! It only required entrepreneurs that wanted to save money on their Long Distance and Cell Phones, as well as to enhance their income! Never did Al Petty set forth a “common goal”! Imagine what confusion this caused in the minds of “THINKING JURORS”; i.e. asking “WHAT WAS THIS COMMON GOAL?” These were nice words, but they introduced nothing but confusion into a Jury that was already confused!FALSE STATEMENT #2
COMMENT: Then J. R. proceeded to build on this false statement by saying that the reason Al Petty paid “UNHEARD OF RETURNS” was to enable him to “ACHIEVE THAT BASE GROUP”! J. R., as did LEHRER, TOTALLY MISSED the significance of the document he prepared for J. R. Smith and Lehrer known as AL PETTY’S FOUNDATIONAL ELEMENTS, (that understanding this document was a "condition of employment”) that J. R. SMITH agreed to LEARN ALL OF THESE “FOUNDATIONAL ELEMENTS” OR HE WAS NOT TO REPRESENT AL PETTY! It was obvious that J. R. never did learn those FOUNDATIONAL ELEMENTS that Al Petty prepared for him. J. R. then stated, FALSELY, WITH NO INPUT FROM AL PETTY TO SUPPORT THE STATEMENT that, “IN ORDER TO ACHIEVE THAT BASE GROUP, (what he meant, but was too computer illiterate to say it, was “DATA BASE”, NOT “BASE GROUP”), HE AGREED TO PAY AN UNHEARD OF GUARANTEED RETURN ON A “BUSINESS INVESTMENT”.
COMMENT: What a gross example of J. R. using a FALSE STATEMENT that diverted the Jury and Court from the “HEART” OF AL PETTY’S DIGITAL TECHNOLOGY Savings and earnings! AL PETTY DID NOT PAY 500-1100-1300% in order to achieve a “BASE” Group! The reason he paid these phenomenal returns was because that the DIGITAL TECHNOLOGY, he labored for years to create, was so efficient that Al Petty COULD accomplish for $100 the same marketing and operational functions that it cost AT&T, SPRINT, etc $1,000 to perform. Just as Al Petty achieved savings of 90% by working 7 years, non-stop, 24-7, without a day off as he developed DIGITAL TECHNOLOGY enabling him to record and play all of the music on an album or C.D. for 10% of the cost of a comparable album ANYWHERE, by ANYONE, NASHVILLE included; i.e. Al Petty PRODUCED a $50,000 album for $5,000, or an album that cost $100,000 anywhere else for $10,000! In fact AL PETTY’S “HISTORY” OF “UNPRECEDENTED EFFICIENCY” date all the way back over 50 years to his teens!
Al Petty and several TeleCom2000 Business Owners BEGGED J. R. to incorporate in the testimonies the FACTS ABOUT AL PETTY’S UNIQUE ABILITY to CREATE NEW and EFFICIENT SYSTEMS for COST-CUTTING. Al had these demonstrations all worked out for presentations, but J. R. SMITH ABSOLUTELY refused to present these vital truths to the court and the Jury. The FACT that J. R. NEVER ‘grasped’ these factors was demonstrated ‘devastatingly’ by his “FALSE EXPLANATION” that Al Petty paid 500-1300% “IN ORDER TO BUILD A "BASE GROUP". THE REASON, AND the ONLY REASON AL PETTY PAID these returns was because he CARED ENOUGH about the financial well-being of the TeleCom2000 Business Owners to devote 5 years to create the technology necessary to cut the cost 90%. THIS FACT AND THIS FACT ALONG is the reason TeleCom2000 PAID these returns. It’s important to note that AL PETTY DID NOT HAVE TO PAY 500 – 1300%! He could have paid 50 - 100% and put the rest of the money “in his pocket”. However his history shows that, throughout his lifetime, Al Petty worked out systems to save, and THEN, SHARED THESE SAVINGS WITH ALL WITH WHOM HE WAS ASSOCIATED.These “CONCEPTS OF INTEGRITY” by Al Petty were apparently beyond the comprehension of an attorney, like J. R., who would take $142,500, scream for more, and not even bother to learn the name of the company owned by his client, or the all – important date the government froze his money, the amount the government stole, who would admit to the Jury that he was "intimidated by their expert witness" and "did not understand TeleCom2000", "yet he accepted $142,500 for defending the company that he "did not understand" and his client, Al Petty, or to learn the “FOUNDATIONAL ELEMENTS” of AL PETTY – TELECOM2000, as he agreed to do BEFORE being signed and paid to represent his client, Al Petty!The “Bottom Line” is, AL PETTY DID NOT PAY 500 – 1300% IN ORDER TO CREATE A “BASE”! To the contrary, he paid it because he worked out a system that EARNED more than enough money to pay that, and AL PETTY WANTED TO PAY 500 – 1300%! His “passion and pleasure” was watching those checks go out, thereby, creating FINANCIAL INDEPENDENCE, for his Business Owners. EVERY EMPLOYEE, including the GOVERNMENT’S WITNESSES, CONFIRMED THAT AS FACT!There was NO valid reason for J. R. to make these false statements regarding the operation of TeleCom2000. The TRUTH would have been more than adequate, and TESTIMONY by Al Petty would have presented the TRUTH, but J. R. and the JUDGE needed to get on the DEER LEASE Thursday, Oct. 31, 2002. Therefore J. R. Smith DECEIVED Al Petty into believing LEHRER’S testimony was effective (it was not!) and that Al was ahead and should not testify!FALSE STATEMENTS BY GREGG MARCHESSAULT
IN HIS CLOSING ARGUMENT FOR THE GOVERNMENT
FALSE STATEMENT #1 – HALF TRUTH = FALSE STATEMENT!
COMMENT: Al Petty was on trial. The Government was NOT on trial. However, just because the government is not “on trial”, does this give them “Carte Blanc” authority to lie, create false charts, make false statements, etc. to influence the Jury to convict their Defendant? Of course not! What Kind of “Justice” would that fraudulent approach achieve? YET the following statement by co-prosecutor Gregg Marchessault would deceive the court and Jury into believing that the government does NOT have to tell the truth, as long as their actions and lies convict the “object of their wrath”! (at least this case demonstrated their “wrath and vengeance” against Al Petty!)
MARCHESSAULT: (P251-L11-12) “NOW, WHEN YOU, WHEN YOU TAKE THE DEFENSE ARGUMENT IN THIS CASE, MR. PETTY DID NOTHING WRONG, THE GOVERNMENT DID EVERYTHING WRONG”- - -
COMMENT: Regardless of what the “DEFENSE ARGUMENT” was, ALL evidence and testimony PROVED that AL PETTY DID NOTHING WRONG! Since the “defense argument” is NOT evidence but testimony IS evidence, the EVIDENCE SPOKE FOR ITSELF, “AL PETTY DID NO WRONG!” (regardless of anything John R. said.)
MARCHESSAULT: (P251-L13-14) “I’M SORRY, THE GOVERNMENT IS NOT ON TRIAL HERE”.
COMMENT: Well, on this website, for billions of persons to view worldwide, the government IS on trial! As to the integrity of our Judicial System to obtain Justice for all so that TRUTH and JUSTICE PREVAILS AND PROTECTS ITS CITIZENS, The Government IS on “trial during every trial for JUSTICE obtained by TRUTH” in a very real way every time a Court is convened. Do you remember that old cartoon, "what they said and what they really meant?" Well what Gregg is actually saying to convince the Jury Al Petty is guilty is, “AL PETTY IS ON TRIAL HERE, AND WHETHER HE IS GUILTY OR INNOCENT, IT IS OUR JOB TO CONVINCE YOU, JURY, that he is GUILTY. In this CASE, WE HAVE HAD TO DEVELOP FRAUDULENT CONSPIRACIES BETWEEN THE FBI, IRS, OUR EXPERT WITNESS AND sometimes the court. THESE CONSPIRACIES HAVE BEEN FULL OF FALSE STATEMENTS, FRAUDULENT HYPOTHETICALS AND OUTRIGHT LIES! HOWEVER, THE GOVERNMENT IS NOT ON TRIAL! THEREFORE, SINCE WE ARE NOT ON TRIAL, WE HAVE THE RIGHT TO USE EVERY FALSE VENUE TO CONVINCE THE COURT OF AL PETTY’S GUILT! SO IF WE HAVE TO LIE TO YOU, YOU SHOULD BELIEVE EVERY WORD WE SAY, BECAUSE WE ARE NOT ON TRIAL. THEREFORE WE ARE NOT ACCOUNTABLE TO YOU, THE COURT, THE FEDERAL GOVERNMENT OR ITS CITIZENS"!
Then Gregg continues:
MARCHESSAULT: (P251-17-20) “I ASK YOU TO FOCUS ON WHAT WE’RE HERE FOR, TO DETERMINE IF THIS MAN, MR. AL PETTY, IS GUILTY OF WHAT HE’S CHARGED WITH. THAT’S WHAT WE’RE HERE FOR.”
COMMENT: Once again Gregg tells the Jury to ignore fraudulent "MEANS” by which they achieve their end. Apparently the government “plays the game by a different set of rules”! In Kenner and Marchessault's twisted opinion, “THE END, (GUILTY), JUSTIFIES THE MEANS", (FRAUDULENT, DECEPTIVE LIES)! Every reasonable U.S. Citizen KNOWS that our founding Fathers would “roll over in their graves” if they Knew that the wonderful Judicial system they fought and died to establish has degenerated to believing that “JUSTICE can come from INJUSTICE”, “RIGHT comes from WRONG”, “GOOD is generated by EVIL” or that “TRUTH will come from LIES”! If Gregg and Traci would have been presenting their case based on factual EVIDENCE AND TESTIMONY, they never would have had to be concerned about whether the Jury is putting them on Trial”!
FALSE STATEMENT #2
COMMENT: The following quote from 6.17, demonstrates Gregg Marchessault's focus to take a true statement and totally twist it to portray the “image” he desires!
MARCHESSAULT: (P251-L21-22) “I MUST TALK ABOUT WHAT WAS ACTUALLY BEING MARKETED; CELL PHONES, LONG DISTANCE, MARKETING SERVICES.”
COMMENT: Gregg Marchessault made an absolutely TRUE statement. Notice now, how he proceeds to twist the truth with error to deceive the Jury!
MARCHESSAULT: (P251-L22-23) “WHAT WAS BEING MARKETED, IN THE WORDS OF MR. AL PETTY, WAS THE BUSINESSES ITSELF WAS BEING SOLD”.
COMMENT: Another true, (Rare), statement by Gregg Marchessault. However, the ONLY reason he made 2 true statements was to enable him to then “DEFINE” AL PETTY’S LEGITIMATE BUSINESS of L.D., Cell Phones and Marketing, not as a legitimate business, as he just described, but as a PONZI, something for which Al Petty was NOT on trial, and of which ALL EVIDENCE PROVED HE WAS NOT GUILTY, even if the indictment counts were for PONZI!
FALSE STATEMENT #3
MARCHESSAULT: (P251-L24-25) “THE BUSINESS WAS THE MARKETING OF THE PONZI SCHEME.”
COMMENT: After admitting that Al Petty marketed the business, including L. D., Cell Phone and Marketing Service, Gregg now re-defines the LEGITIMATE OPERATION OF TELECOM2000 he just accurately described, i.e., a business containing products and services, and unquestionably generating NEW WEALTH among its Business Owners, Gregg Marchessault now re-defines the Legitimate business as an illegitimate SCHEME. As one that had NO PRODUCT OR SERVICES, a scheme based on Charles Ponzi, a fellow with a long Criminal Record, (as opposed to Al Petty’s spotless record). Ponzi's scheme was based on Lies that he was purchasing and converting Foreign Postage Stamps, (which he was not doing and even if he HAD been using stamps as a “Product”, stamps are GOVERNMENTAL Products and cannot be used as “products” by private enterprise, so the truth is that PONZI HAD NO product); NO one who is actually pursuing the TRUTH as Gregg Marchessault, constantly presented himself as doing, could honestly have compared Al Petty-TeleCom2000 with a PONZI SCHEME! Al Petty was a man with a lifetime of enhancing the lives of others. PONZI was a convicted criminal whose mind was constantly seeking illegal means of taking advantage of others! TELECOM2000 WAS A LEGITIMATE, “NEW WEALTH GENERATING” LONG DISTANCE, CELL PHONE AND MARKETING BUSINESS – REVOLUTIONARY, CREATIVE, EXTREMELY PROFITABLE, BUT DEFINITELY LEGITIMATE”. Yet, after defining the TeleCom2000 Business as a ‘business’ with Products and Services, Gregg blatantly LIED by saying the business, in effect had NO Products or Services, in other words, that Al Petty’s Business Sales, which INCLUDED Long Distance, Cell Phone and a Marketing Contract was a PONZI scheme, which has no product or service! SURELY Gregg did not feel that, simply because he was not on trial, that he had the legal authority to tell that “lie of contradictions", without "giving account" to ANYONE. However, the time is here now for him to be exposed for his half-truths, misrepresentations and out right lies!
After this Gregg proceeds to venture into another “illegal area”! Although he was addressing the Jury, in an obvious attempt to influence the Jury to believe his lie, Gregg suddenly addresses those who had traveled as far as 4,000 miles round trip, staying 10 days for the trial in support of Al Petty-Telecom2000, addressing those who had packed the Court Room!MARCHESSAULT: (P251-L25, P252-L1-2) “I HATE TO SAY THAT, (referring to his statement that TeleCom2000 was a PONZI), “I KNOW that’s painful for the PEOPLE IN THE AUDIENCE. THEY WERE TAKEN. THIS WAS A PONZI SCHEME!”
COMMENT: What possible reason could Gregg give for addressing those in the audience? What influence should the AUDIENCE have over the Jury’s decision-making process? NONE! And his false statement certainly did not negatively convince anyone in the audience who was a TeleCom2000 Business Owner. THEY HAD ALL “BEEN THERE AND DONE THAT”, and they KNEW, FIRST HAND, WHAT A GREAT OPPORTUNITY the GOVERNMENT had robbed them of! Those wonderful and honest persons KNEW they had “been TAKEN”. No one had to tell them. They KNEW they had been “TAKEN” by the GOVERNMENT, as ALL TESTIMONY CONFIRMED!
FALSE STATEMENT #4
MARCHESSAULT: ‘THIS IS NOT A NEW ECONOMIC THEORY. IT WAS INVENTED IN 1919”.
COMMENT: To “invent” TeleCom2000’s economic theory in 1919 was IMPOSSIBLE, Beyond ANY “stretch of imagination of the TRUTH”! TeleCom2000 was Created, Founded and Based on DIGITAL TECHNOLOGY, requiring FAX, EMAIL, CONFERENCE CALLS, HIGHEST-TECH COMPUTERS, SOFTWARE, DIGITAL RECORDERS, etc. This enabled the government by their own admission to compile 250,000 documents on TeleCom2000-Al Petty! TeleCom2000’s Concept could NOT have been developed in 1919, as there were NONE of the following:
1)COMPUTORS
COMPUTORS2)FAX MACHINES
FAX MACHINES3)CONFERENCE CALLS, NOT TO MENTION WITH 2,000 PARTICIPANTS
CONFERENCE CALLS, NOT TO MENTION WITH 2,000 PARTICIPANTS4)DIGITAL RECORDERS
DIGITAL RECORDERS5)EMAIL
EMAIL6)OUTSOURCED OFFICES
OUTSOURCED OFFICES7)CELL PHONES
CELL PHONESAnd on and on! How could PONZI HAVE DEVELOPED THE TELECOM2000 “DIGITAL AGE”, “ECONOMIC THEORY” IN 1919? The word DIGITAL did not even exist in 1919. Neither did the principles on which Al Petty created the digital operation of TeleCom2000 i.e., “MOORE’S LAW” – “METCALFE’S LAW” – THE “HARVARD BUSINESS SCHOOL” – “COASIAN ECONOMICS” – “THE LAW OF DIMINISHING FIRMS” – “DOWNSIZING”, "OUT-SOURCED OFFICES", ETC. AL PETTY BUILT TELECOM2000 SOLIDLY ON THESE PRINCIPLES. NONE of these principles were even “thought of” in 1919! Gregg’s statement that “PONZI INVENTED THIS ECONOMIC THEORY IN 1919 ranks with some of the most flagrant Lies told by the Prosecution to convict Al Petty!
FALSE STATEMENT #5-Half Truth
COMMENT: Virginia Mayo, the government’s first “confidential witness” has already been exposed in this critique of Al Petty’s Trial. She was a woman disillusioned to believe that Al Petty was the “EAST TEXAS COUNTERPART” of a Cult leader who, she believed - to have murdered her daughter, she was the most “inefficient employee” Al Petty had! He only kept her on payroll because he felt sorry for her, as well as because of Sandra Halley, her friend on whose recommendation MAYO was hired. Al Petty was too “trustingly NAÏVE” to realize that MAYO was THE original conspirator and co-conspirator with Sandra Halley for the FBI. He also did not dream that, Mayo's accompliss Sandra Halley, would burglarize him for $98,000 and hide the money as a “PLANT” for the FBI! And, more importantly, he never dreamed that MAYO would attempt to Blackmail him, (and organize other employees to do the same), for $1,000,000 each, and then, when that failed, attempt to extort $360,000 from him. ALL of these issues are a matter of record. This is EXACTLY who VIRGINIA MAYO, THE ORIGINAL FBI informant, WAS. She was, and is, a criminal who needs to be prosecuted and put behind bars for blackmail, extortion, computer theft and theft by check. YET, LISTEN TO GREGG MARCHESSAULT’S GLOWING “TRIBUTE OF PRAISE” for this despicable person, VIRGINIA MAYO! (See Facts about Halley)
MARCHESSAULT: (P253-L1-2-3) “BECAUSE THERE WAS A COOPERATING INDIVIDUAL IN THIS CASE, A WOMAN THAT CAME FORWARD, COOPERATED WITH THE FBI, ‘SHARED INFORMATION’, ‘SHARED DOCUMENTS’."
COMMENT: Virginia Mayo committed blatant “computer theft”! She, along with Halley, downloaded approximately 300 pages of proprietary information. There was no FBI, or any other “Search Warrant” for these documents. She plainly STOLE them from Al Petty’s Computers! The government was aware of her fabricated Blackmail attempt of $1,000,000. Also, on April 2nd, before the freezing of the funds on April 4th, MAYO made every effort to extort $360,000 from Al Petty. As mentioned elsewhere in this “EXPOSE OF THE TRIAL”, the threat that MAYO used in her attempt to extort $360,000 was that, “IF THE $360,000 is NOT IN MY ATTORNEY’S OFFICE by TOMORROW, (Wed. April 3rd), Al Petty WILL BE SHUT DOWN THE NEXT DAY, (Thurs., April 4th, 2002)! AND, when Al Petty did NOT participate in MAYO’S ILLEGAL ACT OF EXTORTION, HE WAS SHUT DOWN on the exact day she threatened, Thurs. April 4th, 2002. This action STRONGLY suggests a conspiracy between this “COMPUTER THIEF, BLACKMAILER AND EXTORTIONIST” WITH THE FBI AND PROSECUTION! Gregg Marchessault presents this “criminal” to the Jury as a wonderful law- abiding citizen, when in reality she was a blackmailer, Extortionist, Thief and “mentally twisted” woman.
MARCHESSAULT: (P253-L4) “Mr. Smith would like to refer to her as a ‘snitch’.”
COMMENT: Calling this despicable employee, Mother and Criminal a “snitch” should have been considered a compliment to VIRGINIA MAYO!
MARCHESSAULT: (P253-L5) “This is a woman who was never paid by the FBI”.
COMMENT: MAYO clearly used the FBI as a “TOOL” in her attempts to Blackmail and extort $3,360,000 from Al Petty! (See her VALIDATED threats to have him shut down in connection with her ‘SCHEME TO DEFRAUD’). I don’t believe the FBI would have ever paid her the $1,360,000 that she demanded for herself. But MAYO used the Government as a lever to attempt to extort $1,360,000 for herself, plus 2 million for others from Al Petty, (once again whom MAYO envisioned as the equivalent of the CULT LEADER she believed murdered her daughter!)
MARCHESSAULT: (P253-L6-7) “SHE DID IT BECAUSE A CRIME WAS BEING COMMITTED”.
COMMENT: IF MAYO was the “saint” Gregg portrays her to be, she would have come forward to turn herself in and expose the REAL CRIMINAL, VIRGINIA MAYO.
MARCHESSAULT: (P253-L7-9) “And he, (J.R.), wants to say that that’s wrong, that citizens should not report criminal conduct to their government so that wrong doing can be stopped”
COMMENT: HE WAS ABSOLUTELY CORRECT! However, Al Petty had committed NO “criminal conduct”. Virginia definitely had committed attempted Blackmail and Extortion and computer theft. The Tragedy is that the very man, Gregg Marchessault, who is attempting to praise MAYO, was aware of her criminal activity. Gregg KNEW that MAYO had been listed as a KEY Government Witness but, apparently BECAUSE OF HER CRIMINAL ACTIVITIES, the government did NOT call her to the stand. However, although he no doubt KNEW that her testimony would have destroyed her credibility, Gregg still attempts to “justify and glorify” this despicable woman that was so despicable that he did not call her as a witness. One might ask; "If she was such an honorable person and credible enough to become the first government informant, then WHY didn't he call her to the stand and let the Jury decide the status of her credibility".
FALSE STATEMENT #6
MARCHESSAULT: (P253-L19-21) "I WILL NOT APOLOGIZE FOR THE FBI’S USE OF AN INDIVIDUAL TO TRY TO FERRET OUT A FRAUD SCHEME THAT HAD DEFRAUDED INDIVIDUALS OF OVER $17 MILLION.”
COMMENT: Then why didn’t he have this “wonderful person” testify? Gregg was totally aware that he was Lying to the Jury! He KNEW that evidence proved that $9,500,000 of the $17,281,000 Gross was paid back to the Business Owners as their Purchase contracts called for. When $9,500,000 is deducted from 17,000,000, the balance, rounded off, is $7,500,000. Gregg also Knew that the GOVERNMENT had frozen $5,000,000, leaving a balance of $2,500,000. He also KNEW that Al Petty was so determined to make his DIGITAL SYSTEM even better; that he spent at least $700,000 on equipment, software and Tech Support. He also KNEW that the balance of $1,800,000 was allocated and spent for taxes, wages and operational costs. Therefore we see that Gregg is a BLATANT LIAR by telling the Jury the preposterous statement that Al Petty DEFRAUDED the TeleCom2000 business owners out of $17 millon dollars, knowing that all evidence and testimony PROVED that Al Petty defrauded NOT ONE PERSON out of anything. Gregg KNEW that the ONLY FUNDS that were NOT paid as scheduled to the TeleCom2000 Business Owners was the $5,300,000 being HELD BY THE GOVERNMENT. The ONLY FRAUD therefore was committed by the GOVERNMENT and Gregg Marchessault KNEW this when he said that AL PETTY HAD DEFRAUDED INDIVIDUALS OF OVER $17 M!
