Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: SATURDAY, September 23, 1995 TAG: 9509240004
SECTION: VIRGINIA PAGE: A-1 EDITION: METRO
SOURCE: JAN VERTEFEUILLE STAFF WRITER
DATELINE: LENGTH: Medium
One juror said after the five-day trial ended that he believed Stump was entrapped on the conspiracy charge by the Bureau of Alcohol, Tobacco and Firearms' informant, Raeford Nelson Thompson.
``Their main witness, I just didn't believe him,'' juror Steve Heck said Friday afternoon.
Another juror said the jury believed there was reasonable doubt that Stump was involved in a conspiracy.
Stump had confessed to the two charges he was found guilty of: possession of two unregistered silencers and possession of silencers with no serial numbers.
Acting as his own attorney, Stump put himself on the stand to explain his political and gun-rights beliefs. He admitted handling two silencers he knew were unregistered. By doing so, he helped provide the evidence needed to convict him.
But he said he didn't know at the time that he could be charged for handling someone else's weapons.
``I don't understand how I can get a conviction without [having] any criminal intent,'' Stump said after the verdict was read.
Intent to break the law is not required to find someone guilty of possessing illegal weapons, however.
The government allows citizens to make their own silencers, but they first must apply for permission, pay $200 and register them. Unregistered silencers were outlawed in 1934, when Congress cracked down on ``gangster-type weapons'' after the St. Valentine's Day Massacre of seven Chicago gang members.
The silencers were made from galvanized metal piping by hunt club founder James Roy Mullins, who sought to establish a citizen militia in Pulaski County to be ready for the day the U.S. government turned on its citizens. Stump told the jury his primary motive for joining the militia was to pursue his political organizing against gun control.
But Mullins' confidant and hunt club vice president was Thompson, who had agreed before the club was organized to work undercover for the ATF to gather information on Mullins' weapon making. Thompson met Stump while he was acting as an informant and suggested he get together with Mullins. Months later, on a tape secretly recorded by Thompson, Stump is heard hinting about Mullins' silencers and their legality.
Assistant U.S. Attorney Don Wolthuis said he didn't regret putting the informant on the stand, even though Thompson's role in the organization may have raised doubts with the jury.
``I think the jury, in the interest of fairness and in the interest of justice, needed to both see and hear from him,'' Wolthuis said. ``Mr. Thompson did a perfectly innocent and legitimate act, introducing one person to another. The fact that several months later those two [Mullins and Stump] individually and collectively decided to violate the law is in no way entrapment.''
But David Damico, Stump's court-appointed ``standby'' lawyer, said acquittal on the conspiracy charge was a vindication of Stump's contention that Thompson enticed Stump into joining the militia and encouraged radical talk of killing and destroying government targets.
``If the jury did not believe Mr. Thompson set the whole thing up, they would have convicted him,'' Damico said.
A subdued Stump quickly left the courthouse with his family, saying he would appeal.
Damico said it's premature to talk about an appeal since Stump hasn't been sentenced, but that Stump may have grounds for appeal concerning the way the jury was selected.
U.S. District Judge Jackson Kiser was concerned that any disruptions during jury selection on Monday could ``poison'' the whole jury pool if all 40 potential jurors were in the courtroom. So he brought them in a few at a time for questioning. The 12 seats were filled before both sides could question the whole pool, as is normally done.
Such a procedure is ``within the judge's discretion,'' Damico said, ``but I think it merits review.''
Stump is free on personal recognizance bond until his sentencing, which will be done after a background report is completed.
Of the others charged in the case, only Mullins is in prison, serving a five-year sentence. Two others who plea-bargained are awaiting sentencing. The only other one who went to trial was acquitted.
by CNB