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Government Used False CIA Affidavits Against Charles Hayes, Defense Says

by J. Orlin Grabbe

As I have previously reported, the U.S. Attorney's office for the Eastern District of Kentucky--which had charged Charles Hayes in a murder-for-hire scheme--displayed as its chief witness a convicted felon and former mental patient named Lawrence Myers (a.k.a. Meyers), who is also a one-time writer for Media Bypass magazine.

Myers--an author of books on bomb- making, and one of the few journalists the government allowed to interview accused Oklahoma City bomber Timothy McVeigh--tried to extort $5,000 from a former roommate who was homosexual, according to California police reports from 1985. These reports also say he called up police, admitted to the extortion, and said he would kill the person anyway, even if the individual paid the $5,000, because--Myers claimed to police--the man deserved to die. Myers told police he needed the money to finance his campaign against homosexuals and drug dealers in the area.

The U.S. Attorney's office also offered as witness against Hayes an FBI Agent named David Keller, who claimed that J. Orlin Grabbe and Charles Hayes were probably the same person. This false identification was used by U.S. Magistrate Judge J. B. Johnson Jr. as a basis for denying bail to Hayes. FBI Agent Keller is said by defense investigators to be a former member of a gang called "The Outlaws," among whom, gang members say, he used and sold heroin while informing on them for the FBI.

During the trial Hayes cited his CIA background and testified to his recent activities in conjunction with a group of computer hackers called the Fifth Column in probing government corruption, including corruption of the FBI and the Department of Justice.

But the Prosecution claimed Hayes was "living in a fantasy world" and had no credibility, by contrast to government witnesses Lawrence Myers and David Keller. To prove this, the Prosecution introduced two letters from the CIA which seemed to indicate Hayes had never worked for them.

Now the Hayes' defense charges these affidavits were false. Moreover, the defense charges, government witness Lawrence Myers had been previously rejected as an FBI informant, noting that "This rejection is significant, considering that the FBI regularly accepts drug dealers, con men and worse as informants."

The following report from the Associated Press is dated February 22, 1997.

Hayes seeks new murder-for- hire trial

Says government used fake CIA affidavits

LONDON, Ky.--A man convicted of trying to have his son killed says he should get a new trial because the government used fake CIA affidavits against him.

Chuck Hayes of Pulaski County filed his motion for a new trial yesterday in U.S. District Court. He also said he should get a new trial because prosecutors withheld evidence that would have discredited Lawrence Myers, one of their key witnesses.

Hayes claims he is a former CIA operative who enjoyed playing mind games with the FBI. He tried to use that defense against a charge he hired a hit man to kill his son, with whom he was engaged in an inheritance battle.

But federal prosecutors introduced affidavits at trial in which the CIA denied any association with Hayes. The motion for a new trial said the affidavits were false, were never authenticated and should not have been admitted into evidence.

"On the second day of trial, one of the government's own witnesses talked about Mr. Hayes' connection with the CIA, a fact crucial to his defense," the motion said.

"The affidavits are wrong, and the defense was denied the opportunity to prove they were false and did not meet the authentication and hearsay admission requirements of the Federal Rules of Evidence." Hayes also claims the FBI didn't use his fingerprints or undercover name to find out if he really worked for the CIA.

As for Myers, a reporter for an alternative magazine, from Evansville, Ind., Hayes said the jury should have been allowed to hear about how Myers was discharged from the military for a mental condition and how the FBI refused to take him on as a paid informant.

"Whatever they had, they would not accept him and their decision that he was not reliable is additional exculpatory evidence not provided fully or in time for use in preparing the defense case for trial," the motion said. "This rejection is significant, considering that the FBI regularly accepts drug dealers, con men and worse as informants."

Hayes is being held without bond pending his sentencing on May 2.

February 22, 1997
Web Page: http://www.aci.net/kalliste/