Most Recent Update 11/22/05 (See end of document)
United States v. Kenneth Wayne "Whitey" Elliott, John Graves, and Randall Tullis, Criminal No. 03-CR-05023 (W.D. Mo.)
On July 9, 2003, Kenneth "Whitey" Elliott, John Graves, and Randall Tullis were indicted by a federal grand jury in the Western District of Missouri. All three defendants were charged with one count of conspiracy in connection with a scheme to sell water-damaged vehicles without proper disclosures. Elliott and Graves were also charged with specific counts of mail fraud, wire fraud, and transportation of altered securities as a part of that conspiracy. Elliott was further charged with mail fraud and with three counts of transporting checks across state lines related to the rebuilding of vehicles that had been wrecked. The press release issued by the United States Attorney's Office for the Western District of Missouri can be viewed by clicking on the link.
The government is in the process of attempting to locate and advise the owners of the vehicles of their legal rights and obligations.
Charges contained in the indictment are simply accusations, and not evidence of guilt. Evidence supporting the charges must be presented to a federal trial jury, whose duty it is to determine guilt or innocence.
No change in status, trial scheduled January 2004.
Trial date rescheduled to April 26, 2004.
On March 30, 2004, John Graves and Randall Tullis pled guilty to participating in a fraud scheme to sell flooded cars without disclosing to purchasers the cars' flooded condition. Specifically, Tullis pled guilty to one count of conspiracy to sell flooded cars without proper disclosure, while Graves pled guilty to the same conspiracy count and one count of mail fraud. The press release issued by the United States Attorney's Office for the Western District of Missouri related to Tullis and Graves' pleas can be viewed by clicking on the link.
The trial for the only remaining defendant, Kenneth "Whitey" Elliott, has been postponed due to Elliott's claim that he has a severe medical condition which makes it impossible for him to participate in his defense and stand trial. If the Court determines that Elliott is able to participate in his defense and stand trial, the Court will set a trial date at that time.
On March 9, 2005, Judge Richard E. Dorr ordered that the case against the remaining defendant, Kenneth Wayne Elliott, would be transferred to the Middle District of Florida for trial, due to the defendant's health concerns. A copy of the court's order is here.
On March 29, 2005, the court in Orlando set the case for trial on the court's May 2, 2005, trial calendar. Other cases are also on the calendar for that day. Accordingly, if trial is not postponed for other reasons, the trial may not actually begin on May 2, but could begin on some other date in May. At the March 25 hearing, defense counsel for defendant Elliott indicated that they would be seeking a continuance of the trial date.
On April 20, 2005, Judge Anne Conway in Orlando continued the trial date from May 2, 2005, to October 3, 2005. Judge Conway also ordered that there will be a hearing on defendant Kenneth Wayne Elliott’s physical ability to stand trial on September 12, 2005, due to various medical conditions.
Judge Conway has ruled that Kenneth Wayne Elliott physically unable to stand trial on September 12, 2005, due to various medical reasons. Trial postponed indefinitely.
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