Lawyer says 30-year sentence for NH tax evader convicted of standoff is enough

Lawyer seeks lesser sentence for NH tax evader

CONCORD, N.H. — A defense lawyer says 30 years in prison is plenty for tax evader Elaine Brown, who was convicted with her husband of plotting to kill federal agents during a nine-month standoff at their Plainfield home.

The Browns were convicted in July of amassing an arsenal at their 110-acre rural compound in 2007. The couple, who insist the federal income tax is unconstitutional, holed up in their home after being sentenced to five years in prison for tax evasion.

Elaine Brown is scheduled to be sentenced Friday on the weapons and conspiracy charges. Two of her convictions are punishable by life terms, but her lawyer argues that 30 years plus one month is enough to reflect the seriousness of the crimes and provide just punishment.

Bjorn Lange said 30 years would amount to a life sentence for his 68-year-old client, who had no arrests prior to the tax evasion case.

“There can be no denying that the defendant is a convicted felon, but she is exceptional,” Lange wrote.

He said there was no evidence that Elaine Brown assembled or positioned any of the pipe bombs or other explosive devices found scattered around the home, and ultimately, no one was hurt.

“It is clear that Elaine Brown acted on her firmly held convictions that she was behaving honorably in resisting unlawful tax collections and in defending herself and the marital home,” Lange wrote. “Her offense was not based on greed, anger or a desire to hurt or exploit anybody.”

During the couple’s second trial, Ed Brown testified that the weapons were for self defense and that explosives in the woods around the home were to scare intruders, not harm them. But in a radio interview during the standoff, he said if authorities came in to kill him or arrest him “the chief of police in this town, the sheriff, the sheriff himself will die. This is war now, folks.”

The Browns were convicted of conspiracy to prevent their arrests, conspiracy to forcibly resist arrest, possessing weapons and explosives “in furtherance of crimes of violence,” being felons in possession of firearms, obstruction of justice and failure to appear for sentencing.

Ed Brown also was convicted of failing to appear at the tax evasion trial. His sentencing has not be scheduled.