BishopAccountability.org
 
  Search in Alamo Case Is Defended

By Lynn Larowe
Arkansas Democrat-Gazette
July 5, 2009

http://www.nwanews.com/adg/News/263484/

A search warrant for Tony Alamo Christian Ministries property based on years-old information wasn't "fatally stale" because pedophiles typically keep incriminating photos of their victims for a long time, according to a document filed Thursday by federal prosecutors.

"Several courts have adopted the proposition that pedophiles typically demonstrate the propensity to hoard and collect items of child pornography," according to the government's response to a defense motion to suppress evidence collected during a September 2008 raid of ministry property at Fouke in Miller County.

Tony Alamo's defense team, Don Ervin of Houston and Jeff Harrelson of Texarkana, had argued that the government used old information to acquire a search warrant for the property. The motion to suppress also asserted that the credibility of informants mentioned in the search warrant wasn't proved.

"The information from the first three informants, who were all under the age of 18, comes from their own personal knowledge as victims of the defendant's criminal activity. All three of these informants related information regarding the defendant's production and possession of child pornography," the government's response stated. "In addition ... one of the confidential sources of information related that there were as many as eight underage girls living in the home that was the subject of the search in this case."

The government also argued that Alamo may not have standing to complain about the search warrant because he doesn't own the property that was searched.

"Although the government believes that the defendant does reside in and control the residence at issue in this case, the defendant recently testified under oath to the contrary," the response stated, referring to Alamo's testimony during a custody hearing in Miller County Circuit Court on Nov. 24.

Several lines of Alamo testimony appear in the government's response.

"That is not church properties. They are privately owned. I don't own anything, and the church doesn't own anything," Alamo had testified.

The residence at 100 Circle Drive in Fouke is registered to Angela Morales, who testified at Alamo's detention hearing that she is the evangelist's assistant. She denied being one of his wives.

The government also filed a response Thursday to a defense request for a bill of particulars that would provide more specific detail about how and where Alamo broke the law as alleged in the 10-count federal indictment pending against him in U.S. District Court.

The government, led by assistant U.S. attorney Kyra Jenner, wants U.S. District Judge Harry Barnes to deny the defense request.

The government argues that the indictment provides sufficient detail and that information the defense will receive next week will answer the questions raised.

Jury selection in Alamo's trial is scheduled to begin July 13. Alamo, 74, born Bernie Lazar Hoffman, is being held in a jail in downtown Texarkana. U.S. Magistrate Judge Barry Bryant denied bail after ruling that Alamo is a danger to the community and presents a flight risk.

 
 

Any original material on these pages is copyright © BishopAccountability.org 2004. Reproduce freely with attribution.