  Sunday, June 8, 1997 Prosecution Takes Dive at Harmon Trial
After following reports about the two weeks of Dan
Harmon's trial and watching four afternoons for myself,
I have concluded that the feds are taking a dive. The
ONLY other explanation for the government's inexcusably
weak case is that the team of FBI agents and U.S. Attorney
staffers who put Harmon's case together are blithering idiots.
They aren't. Every move and every decision has been
calculated.
First: Harmon was indicted under the federal RICO statute,
so his illegal activities up to ten years back could have
been named in the indictment, including his involvement
in the murders of Kevin and Don. The indictment, however,
was cut off at August, 1991. That calculated move serves
two purposes. It protects then-U.S. Attorney Chuck Banks
from the obstruction of justice charge the FBI recommended
back in 1994 and never acted on, and it protects the Mena
drug smuggling operation from being exposed.
Second: Harmon's indictment is based primarily on the
testimony of indicted witnesses who made deals with
the feds in exchange for their testimony against Harmon.
This is a built-in defense for Harmon and was completely
unnecessary. In 1990, my task force provided witnesses
against Harmon who were never indicted for anything and
had no personal vendetta against Harmon, but they could not
be used, because - again - Banks and Mena are being protected.
Third: No two people who have ever investigated Dan Harmon
know him better than Linda Ives and me, yet the government
did not request our assistance. Harmon's defense was his own
denial of all allegations and testimony from friends about his
shining good character. Linda and I could have provided strong
rebuttal information against every one of Harmon's character
witnesses, but they didn't want it. During one break, I offered
Dan Stripling some information which he rather rudely ignored,
so I didn't offer again. The reason they ignored Linda and me?
Yep. We would have exposed Banks and Mena.
Fourth: On more than one occasion, just while I was sitting
in on the proceedings, Dan Stripling appeared to throw the
government's case. For example, Larry Davis, a former Saline
County sheriff, testified that he never had any reason to
believe Harmon had ever done anything illegal, yet Davis
provided evidence to the 1990 federal grand jury against
Harmon. When Stripling began his cross examination of Davis
on this point, Harmon's attorney objected and before the judge
ruled on the objection, Stripling withdrew his question and
said, "I have decided not to pursue this line of questioning."
Stripling must have caught himself about to tread on 1990
and retreated.
The government's weakness is pitted against Harmon's
strength which is his ability to act sincere and manipulate.
When he took the stand, Harmon portrayed himself as a
victim that has been wrongly accused. He shed tears, his
lips quivered, and his voice cracked. I watched the jury
carefully and spied two females that Harmon's performance
has completely won over. If the rest of the jury is not
convinced by Harmon's tears and quivers, his two advocates
can surely cause a hung jury.
During a break, Linda and I were standing around the corner
in front of the rest rooms, when Harmon bopped around. His
tears were gone and his step was light. He was startled when
our eyes met, and I couldn't resist my impulse to taunt him.
I said with sarcasm, "Great performance, Dan. You've almost
got me pulling for you." In a snide smirk, he said, "Thank
you," and bounced on by.
Defense rested Thursday afternoon, and the government put on
a half-hearted rebuttal. The jury was dismissed until 9:30
Monday morning when they will hear closing arguments and jury
instructions. My prediction is that to avoid ending in a hung
jury, they will compromise by convicting Harmon on the two
charges involving retaliation against witnesses. Those two
charges will likely be dismissed by the judge, and rightly so.
The facts presented did not support those charges. Harmon is
going to walk on all counts.
If I'm wrong, I'll celebrate, but if I'm right, I will not
be discouraged. This trial has provided a preview of Harmon's
defense strategy and testimony, and Linda and I will be ready
to annihilate his defense in Linda's civil trial against him.
Not only will we beat Harmon, we will embarrass the
government in the process. There is a silver lining behind
every cloud.
We'll send you the word as soon as the verdict is rendered.
Regards to all, Jean Duffey
P.S. If you are not yet familiar with this story, there is a
brief outline of major events in chronological order from the
murders of Kevin Ives and Don Henry, to the incidents that finally
lead to Harmon's indictment. Dan Harmon Chronology
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