HATTIESBURG, Miss. — Attorneys for the former chief deputy for Forrest County Sheriff’s Department have filed a motion for a judgment of acquittal and conditional grant for a new trial a federal tax case.
Charles Bolton and his wife, Linda Bolton, were found guilty Sept. 15.
Charles Bolton was found guilty of four counts of tax evasion for the years 2010-13; not guilty on one count of tax evasion for 2009; and guilty on five counts of filing a false tax report for 2009-13.
Linda Bolton was found guilty on five counts of filing a false tax report for 2009-13 and not guilty on one count of tax evasion for 2009. The jury was deadlocked on the four other counts of tax evasion for the years 2010-13. U.S. District Court Judge Keith Starrett declared a mistrial on those four charges.
The Hattiesburg American reports (http://hatne.ws/2dBZNj7) their attorneys argued in a motion filed Wednesday some of the evidence introduced in the trial was insufficient to sustain a conviction.
“Setting aside a guilty verdict in the interest of justice may be appropriate under circumstances where the evidence brought forth at trial may tangentially support a guilty verdict but in actuality, preponderates sufficiently heavily against the verdict such that a miscarriage of justice may have occurred,” the attorneys wrote in the motion.
In addition, the attorneys say the government did not meet its burden of proof when it attempted to show checks written to the Boltons’ businesses by attorney John Lee were actual income.
The couple is scheduled to be sentenced Dec. 23 at William M. Colmer Federal Courthouse. The Boltons will remain free on $25,000 unsecured bonds until sentencing.
Information from: The Hattiesburg American, http://www.hattiesburgamerican.com