Sheriff Jenkins files motion to sever trial from Robert Krop, alleges signed similar letters for other firearm dealers

Cover Photo: Frederick County Sheriff Chuck Jenkins

FREDERICK, MD News (6/1/2023) – In a high-profile fraud case currently underway in the United States District Court for the District of Maryland, defendant Charles Austin Jenkins has filed a motion to sever his trial from that of co-defendant Robert Krop. The motion, filed by Jenkins’ legal counsel, requests the court to separate the trials of the two defendants on the grounds of potential prejudice and conflicting defenses.

Jenkins and Krop are both facing multiple charges, including Conspiracy to Commit Fraud, Conspiracy to Interfere with Government Functions, False Statements During Purchase of Firearms, and False Statements in Records Maintained by Federal Firearms Licensee. Additionally, Krop faces an additional charge of unlawful possession of seven machine guns.

According to the motion, Jenkins’ defense team argues that a joint trial would compromise their client’s specific trial rights. They highlight several key points to support their motion. Firstly, they claim that Krop is pushing for an early trial date before the completion of Rule 16 discovery, potentially putting Jenkins at a disadvantage by forcing him to prepare for trial without access to the full extent of the evidence.

Furthermore, the motion points out a significant discrepancy between the roles and alleged benefits of the two defendants. The discovery reviewed thus far suggests that Krop, a Federal Firearms Licensee, obtained specific machine guns with the help of letters signed by Sheriff Jenkins. These letters, known as “law letters” or “demo letters,” were allegedly provided by the sheriff’s office to Krop, and Jenkins merely signed the letters which were provided. However, the defense argues that while Krop profited from renting out these firearms, there is no evidence that Jenkins received anything of value for his involvement. This inconsistency in the alleged conspiracy creates conflicting defenses for the defendants.

Moreover, the defense highlights that Sheriff Jenkins had no knowledge of Krop’s intentions or any financial incentive tied to the alleged scheme. The motion asserts that Sheriff Jenkins merely signed the letters presented to him without any involvement in the subsequent transactions or the possession of machine guns recovered during a search warrant executed by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).

Interestingly, the motion also indicates that Jenkins signed similar letters for other Frederick County firearm dealers, possibly opening up the Federal investigation to include those dealers. However, Jenkins’ motion repeatedly states that he received nothing of value in exchange for signing any of these letters, from any firearm dealer.

The defense anticipates that during Krop’s trial, the government will present the seven machine guns recovered from Krop’s business premises as evidence. However, as Jenkins is not charged with illegal possession of these firearms, the defense argues that showcasing them during Jenkins’ trial would create unfair prejudice against him.

The motion to sever trials invokes Rule 14 of the Federal Rules of Criminal Procedure, which permits the separation of defendants’ trials if the joinder of defendants appears to prejudice a defendant. The defense seeks a separate trial for Charles Jenkins, ensuring his trial rights are protected and preventing any potential prejudice that may arise from a joint trial with Robert Krop.

As the case progresses and more discovery is completed, Jenkins’ legal team plans to supplement the motion with additional arguments and evidence in support of the motion to sever trials.

The court will review the motion and make a decision regarding the severance of the trials in due course.

Article by multiple RFHC staff