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Please Wait…
Where's the fraud? As I posted earlier, read the evidence and then talk about beyond a reasonable doubt. And if you want to speak intelligently read the 42 pages and see what it says about the evidence. And actually read what the judge calls "speculation" vs "reasonable inferences" of proof beyond a reasonable doubt.
See how ridiculous ATTORNEY DAVID SAKS' testimony was skewed. But of course the unintellectual jury who convicted with no evidence in 2 1/2 hours including lunch (the jury instructions were over 30 pages themselves) was "allowed" to draw INFERENCES and SPECULATE regarding his skewed testimony however they wanted.
And then try to follow the admitted circular reasoning that was used for the rest of the convictions stating it COULD be possible for the jury to use SPECULATION like "maybe" Philpot got wind of Cids inquisitions and then Philpot tried to hide something even though she recalled it being the end of November obviously after the time that Philpot had already received ATTORNEY SAKS' wrong opinion.?
The jury was also able to rely on the fact that Radoja stated although she couldn't recall telling Philpot about the agenda item placed on the agenda and then removed she MUST HAVE told him because the government "made" her answer by asking the question "didn't you always ask Philpot before signing his name"? Therefore you must have asked him and the jury can SPECULATE that you did? Wonder how everything got signed when Philpot was out of the office or on vacation? Many know Radoja signed his name everyday without asking him.
And besides how is something hidden by taking it off the agenda when any fool knows once an item is placed on the agenda it STAYS on the agenda with a stamp on it stating "withdrawn" but the jury can SPECULATE that no one saw it and that somehow becomes a reasonable inference to hide something? The argument doesn't even make sense!
And how did he hide anything anyway when Philpot's name was on each and every request for payment and signed off as "LEGALLY DUE" by AUDITOR PEGGY KATONA and TWO of the three commissioners? Jury could SPECULATE that those signatures mean nothing?
Oh I forgot the mail fraud was Philpot ANNOUNCING to the State of Indiana big and bold on clerks stationary that he "Thomas Philpot" was taking a bonus? Sounds fraudulent? Oh and I forgot that the lady in charge of the fund for the State of Indiana didn't even know about the statute? Neither did attorney councilman O'Donnell nor county attorney Dull and for sure ATTORNEY DAVID SAKS was so confused he couldn't understand it after reading it! Of course jury can SPECULATE that superlawyer and politician Philpot must have known? Thought proof had to be beyond a reasonable doubt? Negligence is not a crime folks. Not even sure how it is negligence since three other County Attorneys didn't even know the statute?
And so much more......
I"ll say it one more time. You guys scream when a guilty man goes free but when an innocent man is convicted you have no problem with that because after all he was a politician. He has proven to me he is innocent beyond a reasonable doubt!
Enough speculation already. Looking forward to the appeal!
WITNESS-state of indiana lady in charge of fund says nothing wrong with taking bonuses or amount and says "I just learned of the statute the week before trial"! And further stated that bonuses were one of the proper uses of the program that the federal government themselves set up. And his name was on all requests for payment on clerks stationary announcing to the state that Philpot was taking a bonus. Sounds like mail fraud? Yea right.
WITNESS- Director of child support state rep Shelli Vandenburgh says her and the chief deputy after bringing the incentive program to Philpot went immediately to check with the state. Said she didn't like it but never told any supervisor in the office that fact. And that wouldn't make it illegal anyway just because administrators got more than she did. In any business sector, the CEO naturally gets more because they have the most responsibility.
WITNESS-Chief Deputy Sandi Radoja says after she brought the program to Philpot he said "sounds good, MAKE SURE IT IS LEGAL"! No he didn't recruit them into the program. They brought it to him because VanDenburgh had recieved bonus money prior to Philpot becoming clerk.
WITNESS David Saks 30 yr attorney and county attorney who made over $300,000 for giving legal opinions who spent 7 1/2 hours(but said he was rushed) researching and then proceeded to write a legal opinion saying it has been "properly brought before the fiscal body". Exactly the state statute that Philpot was supposed to have violated. Of course Saks tried to change his story after the third visit from the feds that Philpot didn't give him all the information but never asked any questions despite having access to the clerks office and Philpot daily. Oh by the way he also stated Philpot told him to give an "honest opinion".
WITNESS-Mark Pearman who runs data processing for Auditor Peggy Katona stated Philpot "could not write his own checks". Yet the prosecutor many times over objection on final argument stated that Philpot "could write his own checks and for whatever amount he wanted to". Sounds like a fair trial to me. And they had to be signed off by auditor Peggy Katona and two county commissioners who both dropped the ball and paid the claim without having any involvement with Philpot. Bet you guys don't know that what these elected officials in charge of payroll signed was a statement that read "I certify that the foregoing amounts are legally due...." Wow. What does legally due mean to you morons? Unless Philpot ran those three other offices it seems to me that after submitting his claim for payment to the auditor Katona who approves claims he had ZERO to do with paying the claim and the clerk of the fiscal body, that being the Auditor Katona, should have done her job. No tricks. No misrepresentations.
WITNESS-COUNTY COUNCILMAN ATTORNEY TOM O'DONNELL who also testified that even he didn't know about the statute! The state knew nothing about the hidden statute, and neither did 2 county auditors or commissioners. Philpot was a politician and lawyer and of course he was convicted because he should have known EVERY law in the books even though a councilman attorney and 2 county attorneys didn't. And by the way, COUNCILMAN ATTORNEY O'DONNELL also admitted on the stand that he doesn't do any research but rather relies on the County Council attorney. Wow. Same thing Philpot did. Saks a 30 yr attorney admitted in the newspaper that he screwed up?
Oh I forgot the government also used pictures of hundreds of law books that were on his office wall to prove he had knowledge of the statute. How do you spell stupid-J U R Y WITNESS Gus Trakas stated Philpot said "make sure it is ok with the state". Sounds again like something a thief would say.
Finally. Bet you didn't know that testimony showed someone in his office put something on the agenda and took it off and the feds ran with it saying it somehow showed fraud? Yet anyone with a brain knows once it is put on the county agenda it remains on forever and is stamped withdrawn. So how would that hide anything? Why because Philpots office(not even him) instead submitted the request for payment with his name BIG and BOLD on the request to the normal place of business where payroll claims are taken? Bet you didn't know that the prosecutor falsely stated in closing argument that in the agreement that Philpot signed yearly with the state regarding the child support office that the exact statute he was to have known about was printed IN the agreement. Guess what? It was not! It was somewhere adjacent? How would that show beyond a reasonable doubt he read it? Never.
Hey people "must have known" is negligence anyway. Negligence is a civil wrong and doesn't rise to the level of losing a man's freedom. This was supposed to be proven beyond a reasonable doubt. Sounds like Philpot proved that he was innocent beyond a reasonable doubt and he didn't have to prove a thing. U guys always complain when a guilty man goes free but never care about an innocent man getting railroaded! Find me any person with a brain who could find any fraudulent act? This case doesn't even come close to being proven beyond a reasonable doubt!