Posted on 08/29/2013 4:43:18 PM PDT by moonshinner_09
(CN) - A man facing deportation should have been allowed to admit his delayed birth certificate into evidence, even though he may have obtained the document through fraud, the 9th Circuit ruled. Joseph Anderson Evans Sr. had been barred from using the certificate when he was tried in Washington for being an alien in the United States after deportation. Evans also faced a separate trial on 42 counts of fraudulently obtaining supplemental Social Security benefits, unlawfully acquiring food stamps, making a false claim of citizenship, and making a false statement in an application for a passport. Federal prosecutors said Evans had been born in Mexico as Roman Ceniceros-Mora, and has gone by several aliases, including Joseph Ann Shippentower and Jose Grajeda Vasquez. In 2010, he obtained a delayed birth in Idaho by saying he had been born there on the Nez Perce Indian Reservation, and that he had served in Vietnam with the U.S. Marine Corp., earning a Purple Heart. It was the application for a U.S. passport that Evans submitted next that drew the suspicion of federal investigators. An Immigration and Customs Enforcement agent testified that fingerprint analysis, photographs, witness interviews and other materials helped him match Evans to an existing alien-registration file, or A-file, for Ceniceros-Mora who had previously been deported to Mexico. A historian for the U.S. Marine Corps. also cast doubt on Evans' story by testifying that she could not verify his record of service. She testified that the documents Evans provided to substantiate his record looked "homemade," and that pictures of Evans in military uniform reflected neither the proper dress code nor the military rank Evans had claimed.
(Excerpt) Read more at courthousenews.com ...
If anyone ever steals my identity I plan on commiting “suicide”...
I have never seen a conviction of successful suicide actually be carried out.
But here would be some excerpts from that hypothetical trial:
“Your honor I swear I couldn’t stop hitting my own head with this hammer I held in my own two hands despite my other two hands trying to block it...”
“I raised the gun and pointed it at my own head and pulled the trigger, despite the bullet going right through my skull and splattering my brains on the wall I realised I was still concious, so in order to protect my familiy from my zombie corpse I kept firing till there was nothing left...”
“I kept trying to kill myself and failed over and over again, I checked my ID and sure enough it was me I was beating up with the candlestick in the conservatory so I took another whack at myself your honor....”
So if someone steals your identity, could one commit their own suiicde because the person stealing your identity is now you, aren’t they?
That’s about what it comes down tooooooooo.
Ummm.... if he used his “delayed birth certificate” in the trial shouldn’t that have added Perjury to his list of offenses?
Just what is wrong with using a forged birth certificate?
This was in the 9th circus court, reality is not allowed in the courtroom, judicial fantasy rules.
The 9th Jerk-It Court of Schlemiels as Michael Savage calls them.
My read here: the 9th circuit wanted the matter of the veracity of the birth certificate to be one of the matters of the case itself. I.e. the prosecution would have to prove it phony in open court. Sounds more like a technicality to me. My attitude: Meh! if it is phony then show it phony and make this guy’s credibility fold. Why walk away from a gift?
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