Trial Postponed in ‘Freeman’ Fraud Case

The case against Newbury Park resident Timothy Paul Kootenay moved closer to a resolution Monday as a Ventura County Superior Court judge gave the self-described “freeman” an additional month to work out a plea agreement.

Kootenay, 36, is accused of using bogus money orders created by a militant anti-government group to buy six semiautomatic assault rifles. He faces eight charges of fraud and related crimes.

Kootenay’s trial was set to begin Monday, but was postponed after his attorney requested more time to evaluate a possible change in his not-guilty plea.

Deputy Public Defender Neil Quinn said Kootenay’s case essentially boils down to writing bad checks. Kootenay has admitted to buying rifles with two counterfeit money orders totaling more than $5,200.

But Kootenay and his family repaid the money with interest this summer, and he is now thinking about changing his plea from not guilty to guilty, Quinn said.

The problem is that Kootenay has two serious felony charges against him for the firearms theft, which would constitute two strikes under the state’s “three strikes” statute if he changes his plea.

“This is an impediment to resolving this case,” Quinn said during a hearing Monday before Judge Steven Z. Perren.

Perren moved Kootenay’s trial date to Oct. 17 to give his lawyer additional time to file a motion addressing the firearms charges.

Kootenay was indicted by the Ventura County Grand Jury earlier this year on fraud and related crimes for allegedly using counterfeit money orders.

Initially, he ignored a grand jury subpoena to testify and fled Ventura County but was caught in April in Montana and extradited to Ventura. He remains free on $25,000 bail.