Weapons Defendant Asks for Acquittal

In Closing Argument, Man Arrested Near Capitol Says Again That He Was Framed

The Virginia man arrested near the U.S Capitol in January and charged with trying to possess or make a weapon of mass destruction insisted yesterday that authorities had framed him and asked a jury to find him not guilty.

"If you allow them to succeed, it will destroy our constitution and our civil rights and our children's freedom," Michael S. Gorbey, 38, told the 12-member D.C. Superior Court panel during his closing argument. Gorbey, who has represented himself during the three-week trial, faces up to 50 years in prison if convicted on all 14 charges.

When Gorbey was arrested, he carried 31 rounds of ammunition, including four rounds in a shotgun, had a sword strapped to his back and wore a bulletproof vest, according to the U.S. Capitol Police. Gorbey later told police that he had an appointment with U.S. Chief Justice John G. Roberts Jr. Weeks later, authorities searched Gorbey's pickup truck and found an explosive device.

Gorbey had been in and out of prison since 1991 and had been previously convicted of larceny, domestic violence and illegally possessing firearms and drug paraphernalia. He is representing himself this time because, he said, he was unfairly charged in previous cases and poorly represented by court-appointed lawyers.

Gorbey, who has been in the D.C. jail since his arrest, centered his defense around what he called a police conspiracy to plant evidence. He said there was a three-week delay before authorities accused him of concealing an explosive device in his pickup truck. On Feb. 8, police said, a new search of the truck turned up the device, a can of gunpowder duct-taped to a box of shotgun shells and a bottle of BB pellets, in a compartment behind the driver's seat.

During 25 minutes of closing arguments and over the objections of prosecutors, Gorbey accused police and the government of conspiring against him.

"I've repeatedly tried to show you things they wouldn't let me enter," Gorbey told the jury. "They're attempting to buffalo us all. "

Police said they found 750 rounds of ammunition. Gorbey said, "The police planted their old ammunition in my vehicle."

This week, Gorbey testified that he was not the person shown in grainy evidence photographs holding a shotgun and being confronted by police.

A day later, after prosecutors produced clearer pictures that showed Gorbey being led off in handcuffs, Gorbey said the pictures had been altered because he had only a walking stick with him when he was arrested.

Several times during the trial, Gorbey and his court-appointed advising lawyer, Eugene Ohm, have called for a mistrial after accusing prosecutors of unlawful conduct. Gorbey also asked Judge Gregory E. Jackson to recuse himself because Gorbey thought he was biased. At one point, Assistant U.S. Attorney John Cummings asked Jackson to authorize a psychological evaluation of Gorbey. Jackson declined, saying there was insufficient evidence to order the test.

"This is not a complicated case. It has been long and, at times, frustrating, but not complicated. It comes down to possession," said Assistant U.S. Attorney Jennifer Kerkhoff, a co-prosecutor.

"The defendant still wouldn't admit it was him in the photos, so how can you believe the rest of his story? This trial is not a game," Kerkhoff said, turning toward Gorbey.