Weapons Defendant Alleges Conspiracy

Armed Man Was Arrested Near Capitol

Michael S. Gorbey, the Virginia man arrested in January for allegedly carrying a loaded shotgun and a three-foot-long sword near the U.S. Capitol, told a jury yesterday that his case was a "legal conspiracy" contrived by the federal government.

Gorbey made the accusation while representing himself in a trial that began yesterday in D.C. Superior Court. The shotgun and sword are only part of the government's case. Authorities said they also found an explosive device in Gorbey's pickup truck -- three weeks after his arrest. As a result, he is charged with trying to possess or make a weapon of mass destruction, along with other offenses.

Reading handwritten notes jotted on a yellow legal pad, Gorbey told the jurors in his opening statement that prosecutors "conspired to lie and cover up other lies."

Gorbey's statement infuriated Assistant U.S. Attorney John Cummings, who urged Judge Gregory E. Jackson to keep the defendant on track. "Mr. Gorbey needs to stay focused on this case and not go into far-reaching conspiracy issues," Cummings said.

Gorbey, 38, of Rapidan, Va., was arrested shortly after 1 p.m. Jan. 18 in the 300 block of First Street NE. Authorities said he was carrying 31 rounds of ammunition, including four rounds in the shotgun, had a sword strapped to his back and was wearing a bulletproof vest. Gorbey later told police that he had an appointment with U.S. Chief Justice John G. Roberts Jr.

The trial is expected to focus heavily on the alleged explosive device and why it wasn't found for weeks.

U.S. Capitol Police seized Gorbey's pickup, which was parked about two blocks from the Capitol. But the agency's bomb squad did not turn up the alleged device in its first search, even though bomb-sniffing dogs signaled the presence of explosives. The device was found in a second search of the pickup, in February, authorities said. By then, the truck was in a government parking lot.

In a compartment just behind the driver's seat, prosecutors said, authorities found a can of gunpowder duct-taped to a box of shotgun shells and a bottle containing BB pellets. The device is being treated as a weapon of mass destruction, authorities say, because an explosion would have injured people nearby. Police also found 750 rounds of ammunition in the truck, prosecutors said.

Three top supervisors with the bomb squad were reassigned after the discovery, authorities said. Officers involved in the search are expected to testify during the trial, which could last up to three weeks.

Gorbey, who pleaded not guilty, contends that Capitol Police planted some of the weapons and ammunition. He also argues that he had a constitutional right to carry the shotgun for his protection. The District's gun law, one of the nation's toughest, is now under review by the U.S. Supreme Court.

The defendant, jailed since his arrest, has been in and out of prison since 1991 and has been convicted of crimes that include larceny, domestic violence, illegal possession of firearms and possession of drug paraphernalia.

Gorbey is being aided by an attorney-adviser from the D.C. public defender's office. Last week during a pretrial hearing, the judge repeatedly asked Gorbey to reconsider representing himself. At one point, the judge gave Gorbey a quick course on leading and non-leading questions.

"I will do everything I can to ensure you get a fair trial," Jackson told the defendant. "But by representing yourself, you're assuming the risk that something may not go the way it could go if you were represented by experienced counsel."

Gorbey again declined the offer and said he was "fine."

The court made certain security arrangements because Gorbey is acting as his own counsel.

Marshals searched for a felt-tip marker for him to use instead of a pen or a pencil that could be wielded as a weapon. Also, the court placed burgundy drapes around the defense table to hide the shackles on Gorbey's ankles, and he is not permitted to walk over to the lectern provided for attorneys. He must remain at the defense table when addressing the court or questioning witnesses.