Defendant: God 'wants me to get rid of' the judge

The trial of millionaire tax protester Robert Beale turned bizarre even before jury selection began Monday as the prosecutor announced the arrest of four of Beale's supporters for conspiring with Beale to disrupt the proceedings and intimidate the judge.

"God ... wants me to take the judge out, that's what he wants me to do," Beale allegedly told his common-law wife, according to a new criminal complaint filed against him and the four associates.

Beale, 64, a former CEO of Comtrol Corp., is on trial in Minneapolis for tax evasion - he is accused of owing $1.6 million in back taxes -- and conspiracy stemming from an indictment filed in 2006. In a new complaint unsealed Monday, the former North Oaks executive was charged with conspiracy to prevent U.S. District Judge Ann Montgomery from overseeing his trial.

"Once I take down Ann Montgomery, no judge in the whole court will have anything to do with me," Beale said in a tape-recorded phone call from jail.

Also facing charges are John Howard Pelton, 67, of Stillwater; Norman William Pool, 43, of Blaine; Angel Ann Gessner, 29, of Sleepy Eye, and Frederick Ogan Bond, 62, of Champlin. Pelton and Bond have been considered leaders of a local organization that objects to the structure of the federal tax system.

U.S. Magistrate Arthur Boylan set a hearing for 2:30 p.m. Wednesday to determine whether the government has probable cause to proceed.

New charge against him

Beale appeared in federal court Monday to face five counts of tax evasion and conspiracy to defraud the United States. According to the government, he failed to pay more than $1.6 million in taxes on nearly $5.7 million of income from 2000-04.

His trial was initially scheduled for August 2006. But he fled Minnesota before his trial could be held and was arrested Nov. 1 in Orlando, Fla., after spending 14 months as a fugitive.

In a sworn statement filed Monday, Matthew Snell, a special agent with the FBI, described the events that led to the new complaint against Beale and his four co-defendants:

Beale is a "member/leader" of what's known among certain groups as an extra-judicial "Common Law Court" in Ramsey County. The lengthy title of this specific "court" indicates a religious undercurrent, including a reference to "a superior court for the People, original jurisdiction under Almighty Yahweh exclusive jurisdiction in and for confederation-government United States of America."

In January, the "de facto court convened a self-styled 'grand jury'" and began issuing writs, subpoenas, summonses and warrants that culminated with arrest warrants issued last month for Montgomery, former U.S. Marshal Allen Garber, Sherburne County Sheriff Bruce Anderson and Patrick Carr, an employee of the Sherburne County jail, where Beale has been held.

This month, an investigator with the Sherburne County Sheriff's Office notified authorities that Beale began making inappropriate or threatening comments about Montgomery during recorded phone calls.

Snell said that Beale told his common-law wife, Mun Suk Kim, in an April 3 conversation that God wants him to "destroy the judge. That judge is evil. He wants me to get rid of her."

Beale also spoke by phone with Pelton, a retired police officer who described himself in a Star Tribune interview more than a year ago as the "chief justice" presiding over some Common Law grand jury proceedings. The two men discussed issuing an "arrest warrant" for the judge, according to Snell's affidavit.

Beale also told Pelton that "God needs us to be like Gideon against the [Midianites] -- 300 vs. 120,000 men. We rise up and God will take care of us."

In another call, Beale told Gessner to learn where Montgomery lives, Snell wrote. Gessner told Beale the next day she found the address and gave it to "Fred," identified in the affidavit as Bond.

Bond presented a subpoena to the Hennepin County Sheriff's Office listing Montgomery's home address and demanding that she appear at the Little Canada Old Fire Hall on April 15 for a hearing before the Common Law court, Snell said. About 35 people attended a 3 1/2-hour meeting that day, Snell said. Montgomery did not appear.

The next day, Beale and Bond discussed having the Hennepin County Sheriff's Office serve Montgomery with an arrest warrant, Snell said. "Beale states, 'It's important that she sees the thing ... I want her to be intimidated,' " the affidavit said.

"It's very likely she may not even show up if you serve that thing. She might even dismiss the case," Beale allegedly said.

Speaks out

Under tight security Monday, Beale, who is defending himself, appeared fidgety and serious. At several points, he rose to challenge Montgomery. He said that he answers to a higher power, "The Lord Jesus Christ."

"I do not consent to this proceeding!" Beale said.

Security personnel had to force Beale to sit three times in the half-hour before prospective jurors arrived.

During rambling soliloquies, Beale accused Montgomery and the government of "extortion, deception and lack of disclosure."

"Are you trying to force me to present myself as a U.S. person against my will? Well, that is a capital crime," Beale said.

Montgomery allowed Beale to speak for several minutes before saying she would limit his comments.

"Speeches will not be allowed," she said. "My desire is to have a fair and orderly trial."

After a jury was selected in what is expected to be a two-week trial, Beale's demeanor changed dramatically. Talking softly during his opening statement, he apologized to the court and the country and agreed with the "facts of the case" presented by the prosecutor.

"The main issue in this trial is 'why,' not 'what,'" Beale said. He then talked about how his strong religious beliefs played into his tax philosophy.

Beale said he truly believed that his income was not taxable, and informed the Internal Revenue Service in writing.

"I thought everybody should be doing what I was doing," he said. "I wasn't hiding anything. I wanted to be a hero. But a lot of people who try to do that end up in jail, just like me."

Staff writer Randy Furst contributed to this story. jtevlin@startribune.com • 612-673-1702 dbrowning@startribune.com • 612-673-4493