Stewart Seeks Case
Dismissal
By Clint Parker
8/11/2003
 Frequent readers of the Tribune will
recognized the name Terry Stewart.
Stewart, a retired Marine Master Gunnery Sergeant Terry, who was
to be sentenced in late April here in Asheville's Federal Court for
numerous charges involving a "ponsa" scheme of which he continues to
claim his innocence.
Stewart set in prison for nearly two
years after his conviction in a trial where he had no legal
representation before being brought up for sentence after a series
of article on Stewart ran in the Tribune.
In a four-page
letter from Stewart this week, he report to the Tribune that "there
are many new issues in my case that warrant a dismissal, or at
minimum a mistrial."
Stewart clams that a government witness,
Phillip Mark Vaughan, the leader of the "ponsa" scheme in which
Stewart was convicted in, was "tampered" with.
"He [Vaughan]
was my witness," writes Stewart, "He was a federal witness called by
the defense. No one had any right to interfere in any way with his
testimony - least of all the prosecution."
When Stewart
called Vaughan as a witness, Vaughan took the "Fifth." Vaughan has
since provided Stewart with a notarized affidavit stating that
Stewart had nothing to do with the scheme and that government
prosecutors threaten him with more jail time and his family with
further prosecution if he testify for Stewart.
The court
eventually appointed Stewart a lawyer in his sentencing trial after
Stewart applied for the lawyer. Stewart did so after he had numerous
motions denied by Judge Thornburg and it looked as if prosecutors
would ask that Stewart be sentenced to life in prison.
Jack
Stewart, an Asheville attorney and no relation to defendant Stewart,
was appointed by Judge Lacy Thornburg to act as defense
attorney.
The case has also attracted the attention of the
Omaha, Nebraska-based "Free the Innocent." "Free the Innocent" is a
national non-profit organization dedicated to helping those wrongly
accused and/or convicted of crimes.
Another group call
AVIDD (American Veterans in Domestic Defense) is looking at the
Stewart case to see if they wish to get involved. AVIDD, a Houston,
Texas-based group states that it mission "...is a simple one. We
want to once again serve our country and help return the United
States to the vision of our forefathers, under the Constitution and
our Bill of Rights. This case has also attracted the interest of
three retired Marine Corp. generals.
Stewart writes that he
believes that his lawyer believe that he is innocent of the charges,
but is "reluctant" to do anything, but prepare for Stewart's
sentencing trial.
Attorney Jack Stewart has said the same to
the Tribune. Back in May, after learning of the affidavit Attorney
Stewart said that the affidavit will have no bearing on how he
conducts the case.
Stewart said that he has been cut
off from the outside world after his wife, Jeni, who are his "eyes
and ears" to what's going on in the outside has been out of town
attending to a death in her family.
Stewart goes on to say
that he believe justice in the system can only be bought. "The same
Constitution I fought and shed blood to defend has failed me,"
Stewart said in his letter. "It's as though it doesn't apply to
me...It's become clear that here in America one can buy justice.
It's available if you can afford it."
He goes on to write,
"The Constitution and all of its rights and protections is an
economic commodity for sale at the right price."
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