Lance Small guilty

Small, 70, came to court yesterday in a black Nehru suit. He was bare-headed and his feet in shackles. When he left after the verdicts, he was handcuffed behind his back in the courtroom. Judge William Dimitrouleas, presiding in the United States Federal Court, fixed August 4 for Small’s sentencing.

The judge told Small that a probation officer would visit him at the Miami Federal Prison and would submit a report to the court in time for August 4.

Small faces ten years in prison and a US$250,000 fine.

Small has not uttered a word to anyone in the last two days. He sat at the bar table with his defence team, writing notes on occasions. He remained silent when called upon to make his defence.

When the jury’s verdicts were announced by the court clerk, a shackled Small just stood staring straight ahead. There was no impression whatsoever from the tough guy who was a member of the Jamaat al Muslimeen who invaded Television House on July 27, 1990, as part of the Muslimeen’s attempt to overthrow the duly elected NAR government led at the time by ANR Robinson.

At the end of the trial, Joseph Gibson, trial attorney, told Newsday that he felt that his client got a fair trial. "Judge Dimitrouleas is a fabulous judge," Gibson said as he left the courthouse. Assistant US Attorney Roger Powell, who prosecuted, preferred not to comment.

Yesterday’s events moved swiftly — day five of the trial. Unlike Trinidad and Tobago, where the defence attorney addresses the jury first, it was the prosecutor Powell who addressed the 12-member panel and two alternates.

Powell stuck to issues and his address was over in 28 minutes. Gibson followed adopting a Benny Hinn style as he pleaded with the jury to give his client a chance. His "sermon" was even shorter than the prosecutor’s lasting just 23 minutes.

Again, unlike the practice in Trinidad and Tobago, the prosecutor has a second and the last word in the United States. This time, Powell took 17 minutes in trying to convince the jury that Small was guilty.

The trial judge then began to sum up the case. As Dimitrouleas put it, he was giving directions to the panel. Unlike the practice in Trinidad and Tobago, he did not review the evidence of any of the prosecution witnesses. He simply told the jury what the law was relating to the three charges — conspiracy against the United States, possession of machine guns, and possession of silencers.

The jury direction took 30 minutes. Before asking the panel to retire, the judge thanked the two alternates and awarded them certificates for serving. He then discharged them and directed the 12 jurors to consider their verdicts. The two alternates stuck around for the final verdict.

The jury retired at 10.40 am, but returned at midday to get clarification on counts two and three. They retired again and informed the court one hour later that they were ready.

The jury returned to the court at 1.10 pm and the forewoman, who was sitting in seat number 12, handed the written verdicts to the clerk of the court. The clerk then handed the verdicts to the judge who invited her to read them aloud.

The courtroom was very quiet as the clerk read the verdicts one after the other. Count one — guilty. Count two — guilty. Count three — guilty. The clerk individually asked each juror if he/she agreed with the verdict. They all agreed and the judge accepted the verdicts.

In the United States, sentencing is not immediately imposed. Dimitrouleas fixed August 4 at 9.30 am for sentencing. The trial was over just after five days of hearing.

No member of Small’s family was present, but three of the prosecution witnesses, Neville Reid, Keith Glaude and acting Sgt Raul Hercules of Trinidad and Tobago, were in the corridor before leaving Broward County.

Small, 70, after lengthy court hearings in Trinidad and Tobago, was extradicted to the United States to answer the charges involving the purchase of guns from Florida.