TAMPA - Patrick Henry Talbert wants $1 million for being jailed, claiming the state has no jurisdiction to lock him up on charges of bilking elderly people in an investment scam.
Talbert and Norman Lower, both officials at Greater Ministries International in Tampa, were indicted by a statewide prosecutor Nov. 6 on 42 counts of racketeering, securities fraud and grand theft. They're accused of cheating 11 investors out of $280,000.
Lower pleaded not guilty, court records show. But Talbert, citing ``common law'' doctrine, won't recognize the state court's jurisdiction because its American flag has gold fringes. He remains in the Hillsborough County Jail in lieu of $105,000 bail.
State officials and agencies responsible for his arrest owe him $1 million for his economic loss and deprivation of liberty, he claims in a court filing.
Talbert - who said his true name is Patrick-Henry: Talbert, Junior - identifies himself as a sovereign Christian American citizen who reserves his right to trial ``by jury of his Christian peers.''
A return address on one envelope sent to the court by Talbert lists ``Embassy of Heaven, Longwood-Wekiva Post Office.''
The language and tactics are common for common law adherents, said Sharon Blackburn, a Texas Tech University law librarian who recently organized an academic symposium on the patriot and common law movements.
Common law adherents may share some of the same goals as militia movements, but they seek change peacefully, Blackburn said. The use of liens and other court-related documentation is standard.
As that fails, however, some frustrated adherents may move toward the extreme end of the spectrum and grow more sympathetic toward militant action.
Talbert and Lower, who has identified himself as a ministries volunteer, were among nine ministries officials named unindicted co-conspirators in a summer-long federal obstruction of justice and conspiracy trial of a local common law court.
Emilio Ippolito, leader of The Constitutional Common Law Court of We the People, and six followers were found guilty of conspiracy against the United States and various counts of sending threats and obstructing justice.
Ippolito insisted his group's weapon was the pen, not the gun. But some of his followers grew impatient with the tactic and threatened to storm the U.S. District Courthouse in Orlando and take a judge prisoner.
It isn't clear what Talbert or other Greater Ministries people did to land on the unindicted co-conspirator list.
The case against Talbert and Lower is independent from a federal investigation into whether a Greater Ministries gift program is a Ponzi scheme. People who give the ministries ``gifts'' in $250 increments expect to receive double the money back within 18 months.
In the state indictment, Talbert and Lower are accused of promising substantial returns on investments to DTA Trust, known alternately as Down Town Auto and Diversified Telecommunications Agency. The money collected, investigators said, was spent by the defendants and their families.