GloucesterTimes: Global theft charges dismissed vs. Rockport man

[bernieS]

http://www.gloucestertimes.com/local/x234161795/Global-theft-charges-dismissed-vs-Rockport-man

GloucesterTimes.com, Gloucester, MA

May 18, 2012
Global theft charges dismissed vs. Rockport man

By Steven Fletcher
Staff Writer

ROCKPORT ­ A Peabody District Court judge has
dismissed charges of larceny and obstruction of
justice against a Rockport man who was accused of
failing to deliver counter surveillance equipment
to a Swiss company yesterday ­ and still faces a
number of weapons charges as well.

Judge Richard Mori on Thursday dismissed the
theft and obstruction charges against James
Atkinson, 46, of 31R Broadway because the state
prosecutor's witnesses ­ one from Switzerland and
the other from Tennessee ­ did not show up for
the trial, according to both Atkinson's attorney
and the Essex County district attorney's office.

Atkinson had been arrested on the charges in
2009, after two foreign companies contacted
Rockport Police alleging he failed to deliver on
the counter surveillance gear he promised.

"When all the evidence and records came together,
it irrefutably proved that I did absolutely nothing wrong," Atkinson said.

Carrie Kimball-Monahan, spokeswoman for the Essex
County District Attorney's office, said the
charges were dismissed because, without
witnesses, the state couldn't prosecute. The
charges have been in court for 2 1/2 years.
Atkinson's attorney, Paul Andrews of Denner and
Pellegrino LLP in Boston, said the state didn't
have probable cause to charge Atkinson in the first place.

Atkinson's initial arrest came after a complaint
from GAZ Turbine Services, a Swiss firm that
produces technology and equipment for the oil and gas industry.

The Swiss company had contacted the Chamber in an
attempt to find out if Atkinson's purported
Granite Island Group was a real business. The
caller told the Chamber that his company
purchased surveillance equipment from Atkinson's
company for over $32,000, but that it never
arrived, according to a report written by
Rockport officer Daniel Mahoney. The Chamber contacted police.

Atkinson reiterated Thursday that his company
serves as a go-between for companies looking to
purchase counter surveillance technology and companies that make it.

GAZ Turbine paid him $32,000 for the equipment,
and he sent the money to Tennessee-based Research
Electronics International. That company
manufactures and ships the counter surveillance
equipment. Without proper export documents
stating the end user of the electronics, Atkinson
said, the company can't ship them.

According to Andrews' motion to dismiss the
charges, GAZ ordered the equipment in October
2009. Soon after, Atkinson paid REI for the
equipment, but REI said it needed a letter
declaring the end user of the electronics. GAZ
didn't send that letter until Nov. 23, according to court documents.

Stephen Spring of Spring and Spring LLP in
Louisiana, Atkinson's second attorney, said the
charges shouldn't have been brought forward in the first place.

"(GAZ) used the police department for extortion,
threatening criminal charges when they're the
ones who didn't supply the proper documents," Spring said.

Andrews' motion also cited that, during Rockport
Police's investigation, Atkinson and his
attorneys stated that when Mahoney called him, he
did so on a recorded line. A line, they stated,
Mahoney didn't state was recorded until about
seven minutes into the conversation.

Atkinson will face trial in Salem District Court
on a total of 16 other charges stemming from his
arrest, including several charges of possessing
firearms and ammunition without a license,
illegally having Class E prescription drugs, and
possessing high-capacity firearms ­ among them an
M27 rocket launcher. Monahan said there is no date for that trial set yet.

He is also representing himself in his own civil
rights suit targeting the town of Rockport and
other defendants in the first Circuit Court of Appeals.

Steven Fletcher may be contacted at
1-978-283-7000 x3455, or
sfle...@gloucestertimes.com. Follow him on Twitter at @stevengdt

http://www.gloucestertimes.com/local/x234161795/Global-theft-charges-dismissed-vs-Rockport-man/text/javascript

[James M. Atkinson]

Correction: The State dropped all of the drug charges after it was
proven that I had prescription for all of the drugs, and that they all
were provided to me by the Federal Government due to he injuries I
sustains while in the military. They took my legally prescribed drugs,
which they knew I had prescriptions for, and which were clearly labeled,
etc. They only brought me up on drug charges to incite and inflame the
case. The Commonwealth also dropped the possession of high capacity
firearms changes, and dropped the rocket launcher charges as well. They
are correcting the article at this time in regards to the second to last
paragraph at this time, and will publish a correction tomorrow.

Great article, it shows that justice can be obtained in this country, so
long as the Citizen knows his rights, and zealously forces the state to
actually PROVE the charges. It was proven that I did nothing wrong, not
ever, and that I was the only honest person in the transaction.

-jma

--
James M. Atkinson
President, Scientist and Sr. Engineer
"Leonardo da Vinci of Bug Sweeps and Spy Hunting"
Granite Island Group
jm...@tscm.com
http://www.tscm.com/
(978) 546-3803

[secs...@gmail.com]

They are a bunch of jerks too because they tried to crucify you at
first with their "investigative journalism"
James take the county, state etc. For all they have!

Sent from my iPhone