PORTLAND, Maine — Two Brunswick men indicted on federal tax fraud and conspiracy charges appeared in U.S. District court on Friday, despite claims earlier this week that they would not show up because they do not recognize the court as constitutional.
F. William Messier, 70, and David E. Robinson, 75, arrived at court just before 9:30 a.m. Friday, 30 minutes after Messier was scheduled for an initial appearance to answer to charges of failing to file federal tax returns, failing to pay federal income tax on income from rental space on communication towers he owns in Brunswick, and conspiracy to defraud the Internal Revenue Service.
Robinson was scheduled to appear at 9:30 a.m. to face a conspiracy charge.
Assistant U.S. Attorney James Chapman, who is prosecuting the case, had just asked U.S. Magistrate Judge John H. Rich III to issue a bench warrant for Messier’s arrest when court security reported that the two defendants had entered the rotunda of the Edward T. Gignoux U.S. Courthouse.
Messier, who owns a number of towers at his property on Tower Lane in Brunswick, is charged with failing to pay $172,000 in federal income taxes and failing to file a federal income tax return every year since 1997.
He leases space on the property to six cellular telephone companies that have towers there, he told the Bangor Daily News on Thursday, and allows Brunswick and Freeport police, fire and public works departments to keep equipment on the towers as well.
Standing alone before Rich, Messier initially said he would represent himself, but Rich urged him repeatedly to consider enlisting an attorney, given the potential sentence of 13 years and $1 million in fines if he is convicted.
Pointing to the U.S. tax code on the desk before him, Messier said, “I bought this in 2002 because I wanted to know why everyone pays all these taxes … I wanted to make sure I didn’t break any laws. I don’t drink. I don’t smoke. I got to church. I’m a Christian. These IRS people are attacking me for no reason. I feel it is my responsibility to defend myself.”
During Messier’s hearing, attorneys Joel Vincent and Toby Dilworth, a former assistant U.S. attorney who now practices with the law firm Drummond, Woodsum, arrived in the courtroom. Messier eventually agreed to allow Dilworth to represent him. Messier was scheduled to return to court later Friday afternoon for arraignment and a bail hearing.
Following a recess, Robinson appeared before Rich, with Vincent representing him.
Robinson told the Bangor Daily News on Wednesday that the charges against the two men are invalid because the IRS is unconstitutional.
On Friday, Robinson pleaded not guilty to charges that he conspired with Messier to defraud the U.S. government. Rich tentatively set his case for trial on Oct. 7.
Earlier this week, citing a concern about Messier’s legal charges and the possibility that the towers could be impounded, members of the Merrymeeting Amateur Radio Association removed their equipment from the tower, Messier said Thursday.
Brunswick Police Deputy Chief Marc Hagan said police are investigating “all available options” for their equipment.
Asked if impounding the towers was a possibility, Chapman said he would not speculate on potential actions.
Messier faces up to 13 years in prison and fines totaling $1 million if convicted on all counts.
Robinson faces up to five years in prison and a fine of up to $250,000.
Messier and Robinson were scheduled to return to court Friday afternoon for bail hearings, and Messier to enter a plea.