Snipes files for change of venue, alleges racism

[Quixote]

Wesley Snipes' attorney, Robert Bernhoft, has filed a motion to have his tax evasion case moved from Florida to the Southern District of New York, saying the local jury pool is too racist for him to get a fair trial.

Link to article:

http://www.wftv.com/news/14539134/detai ... resistible

Bernhoft hired the Public Opinion Research Laboratory of the University of North Florida to survey potential jurors.

The survey indicates "a greater level of racial bias in Ocala" than in the Southern District of New York, according to a report filed with the motion. Among other questions, the survey asked whether respondents saw the Confederate flag as a symbol of pride instead of prejudice. In Ocala, 63.2 percent of respondents answered yes, compared with 33 percent in the New York district.

Southerners are more likely than northerners to see the Confederate flag as a symbol of pride. Well, duh.

Every time the Confederate flag is mentioned, I wonder which flag is being referred to. Years ago, the "Confederate flag" was causing controversy in South Carolina. I found that a bit odd, because my own informal survey indicated that 99% of people don't recognize the Confederate flag when they see it. Everyone recognizes the Confederate battle flag, but the flag that everyone in SC was supposedly upset over was the stars and bars, a completely innocuous flag with, to the best of my knowledge, no symbolism associated with it, even in South Carolina.

[Demosthenes]

If Snipes had a problem with white supremacists, you'd think he'd have avoided Eddie Kahn and the methods cooked up by the Montana Freemen.

[jkeeb]

Methinks the only viable venue for Mr Snipes would be northern Idaho.

[Imalawman]

Wesley Snipes' attorney, Robert Bernhoft, has filed a motion to have his tax evasion case moved from Florida to the Southern District of New York, saying the local jury pool is too racist for him to get a fair trial.

Link to article:

http://www.wftv.com/news/14539134/detai ... resistible

Bernhoft hired the Public Opinion Research Laboratory of the University of North Florida to survey potential jurors.

The survey indicates "a greater level of racial bias in Ocala" than in the Southern District of New York, according to a report filed with the motion. Among other questions, the survey asked whether respondents saw the Confederate flag as a symbol of pride instead of prejudice. In Ocala, 63.2 percent of respondents answered yes, compared with 33 percent in the New York district.

Southerners are more likely than northerners to see the Confederate flag as a symbol of pride. Well, duh.

Every time the Confederate flag is mentioned, I wonder which flag is being referred to. Years ago, the "Confederate flag" was causing controversy in South Carolina. I found that a bit odd, because my own informal survey indicated that 99% of people don't recognize the Confederate flag when they see it. Everyone recognizes the Confederate battle flag, but the flag that everyone in SC was supposedly upset over was the stars and bars, a completely innocuous flag with, to the best of my knowledge, no symbolism associated with it, even in South Carolina.

Not to hijack the thread but you're 100% correct and few outside of the south know that.

[Imalawman]

Damn time slips..........people may be on to me.......

By the way, I posted mine in the right place.

Funny, when I read the title of this thread on my computer screen, the first two words are "Tax Protestors."

What does it say on your screen, Charlie Brown?

Alright, alright, you're both right. Discussion about developments in a case are best posted here while the specific case thread is supposed to be more long term so one can look back and get a good synopsis of the case.

As for time slips and the like, it reminds of one of my favorite shows - sliders. It didn't really catch on, but I always thought it was pretty cool. (I must be in a hijacking mood today for some reason)

[Quixote]

Gee, I posted something similar a few days ago in the section for specific "TP" cases, in the Snipes: Wesley section. Try to keep up people.

http://quatloos.com/Q-Forum/viewtopic.p ... 9&start=15

Move along.....and we're walking.........

But no one wanted to clutter up that thread with a discussion of the motion, the likelihood of its success, why Bernhoft thinks Ocala and the SDNY are the only possible venues for the trial, etc. Such a discussion would lower the value of that section as a place to go for the current status on a TP case without having to wade through posts about flawed science fiction TV series with great potential.

[Imalawman]

Gee, I posted something similar a few days ago in the section for specific "TP" cases, in the Snipes: Wesley section. Try to keep up people.

http://quatloos.com/Q-Forum/viewtopic.p ... 9&start=15

Move along.....and we're walking.........

But no one wanted to clutter up that thread with a discussion of the motion, the likelihood of its success, why Bernhoft thinks Ocala and the SDNY are the only possible venues for the trial, etc. Such a discussion would lower the value of that section as a place to go for the current status on a TP case without having to wade through posts about flawed science fiction TV series with great potential.

Guilty on all counts your honor.

[Imalawman]

Ok - back on topic. Finally.

Why does Snipes want the trial moved to NY so badly? I'm confused because I really don't see any real benefit at all? This is something like his 5th attempt to get the trial moved to NY.

[webhick]

Ok - back on topic. Finally.

Why does Snipes want the trial moved to NY so badly? I'm confused because I really don't see any real benefit at all? This is something like his 5th attempt to get the trial moved to NY.

Perhaps his fan base is stronger in NY, so he thinks he'll get a more favorable verdict there.

[Quixote]

Ok - back on topic. Finally.

Why does Snipes want the trial moved to NY so badly? I'm confused because I really don't see any real benefit at all? This is something like his 5th attempt to get the trial moved to NY.

Iirc, one of those motions mentioned that SDNY is more convenient for Snipes's lawyers. But I think those were the lawyers he fired.

[Nikki]

He may have chosen Ocala and SDNY to illustrate two opposite ends of the spectrum, in the hopes to get a venue with an ethnically diverse profile. It may also be that Ocala is populated by old, white aldercockers who have no idea who Wesley is and/or have a mindset that is not favorable for the defense.

Miami, Dade County would be more favorable to WS. Ethnically diverse, wide age range, most people would have heard of him and in terms of nightlife, possibly a little more to do than Ocala (without looking at a map of Florida I could be talking out of my a** on this, if Ocala is close to Miami).

Besides, the defense attorney is doing his job, trying to get a venue where the odds are a bit more in favor of his client. As my mom once noted, "Ask. The worst anyone will ever say is no."

Ocala is central (east-west) in the state and just a tad north of Orlando.

Geographically, it's about as far from Miami as Washington, DC, is from New York City.

It's well above the northern fuzzy boundary of the bulk of the northern retirees.

On the roads there, you'd be much more likely to see a pickup than a Mercedes and the socio-politico-economic climate there is MUCH closer to that of a deep-south city than is Miami.

[BBFlatt]

Geographically, it's about as far from Miami as Washington, DC, is from New York City.

It's well above the northern fuzzy boundary of the bulk of the northern retirees.

On the roads there, you'd be much more likely to see a pickup than a Mercedes and the socio-politico-economic climate there is MUCH closer to that of a deep-south city than is Miami.

Generally true, but Ocala is also the center of Florida's equestrian culture, there are some truly magnificent "farms" in the surrounding area, most with a pickup truck AND mercedes in the driveway (or several of each).

[Demosthenes]

Ok - back on topic. Finally.

Why does Snipes want the trial moved to NY so badly? I'm confused because I really don't see any real benefit at all? This is something like his 5th attempt to get the trial moved to NY.

He has a home in NYC, so he's trying to use that as an excuse to get the trial moved there. Why is he looking so hard for such an excuse, you ask? Because his real goal is to sever his case from Eddie Kahn and Douglas Rosile. Snipes needs to assure a jury that his reliance on Kahn was in good faith, but the minute the jury watches and listens to Kahn, no one on the jury panel will believe that Snipes should have given Kahn the time of day, let alone trusted him with six years of tax planning.

Ocala is in Central Florida, about 70 miles north of Orlando (nowhere near Miami). It is horsey country, and it's the District where Eddie Kahn lived and sold his crap to Snipes. Snipes, by the way, is a Florida native, and had a home in Florida during the tax years in question.

I really really want Snipes' lawyer to push hard on the New York residency issue. After all, Florida doesn't have a state income tax, while New York has a whopper.

[The Operative]

A little about Ocala and since I have lived there for the past 11 years and my family has lived in the area for over 90 years, I believe I know a little about the area.

The Marion County area has a population of about 300,000. The actual city of Ocala has a population of about 60,000 depending upon how someone measures it. There are a lot of little towns around Ocala that are sometimes considered part of the Ocala population base but really aren't.

Ocala's population is somewhat diverse, but probably less diverse than the rest of the state. The minority population is less than the state or national average. However, a large portion of the population in the surrounding areas are not native to the area. There is a fairly large hispanic base that work horse farms and in other industries. There is also a fairly large group of people that are retirement age. Probably one of the largest retirement communities in the country is just 20 miles south of Ocala.

Ocala isn't a hotbed of KKK activity either at least not that I have seen. I can't even recall the last time I saw a confederate flag (battle or otherwise) being displayed. While there are a large number of trucks in the area (I have one), there are also a large number of luxury cars (I don't have a mercedes, I have a BMW 5 series). Also, there are at least TWO private air field communities in the Ocala area. These are communities where people park their planes in the hangers attached to their house. John Travolta lives at Jumbolair and he flies his 727 and other planes from there.

While there is a large service sector in Ocala, there is also a good manufacturing base too. Lockheed-Martin and Georgia-Pacific both have plants here just to name a couple. Also, if you ever see an emergency vehicle with a logo on the front that says E-One, it was built in Ocala.

All in all, Ocala is easy-going, slow-paced town and I think Mr. Snipes could get a fair trial here. It does upset me that his legal representation chose to disparage the town, but I suppose his lawyers have to do what they legally can to get the most favorable situation for their client.

[wserra]

I really really want Snipes' lawyer to push hard on the New York residency issue.

Unless I missed it, Bernhoft's motion doesn't give a New York address for Snipes. Martin's earlier motion gave two: "644 Broadway Place" and "114 Liberty Avenue", both in Manhattan. Well, there is no such thing as "Broadway Place". There is a well-known coop apartment building at 644 Broadway (near NYU in the Village) called The Atrium. WestLaw fails to show that Snipes ever owned an apartment there.

Similarly, there is no "Liberty Avenue" in Manhattan. There is a condo building at 114 Liberty Street, just south of the WTC site. It is fairly well-known (more specifically, Russell Simmons' grand penthouse there) for a protest during the 2004 Republican convention. WestLaw fails to show that Snipes ever owned an apartment there.

In fact, a WestLaw search shows only two Snipes ownership interests in NYC: a condo on W. 10th Street in the Village which he sold in 2000, and a gift of land in the Bronx in 1998 to a social services organization called "Miracle Makers", which has gotten a lot of bad press lately.

None of this is dispositive, of course. Snipes could have rented or sublet, or owned under another name. He doesn't seem to have very permanent ties to NYC, though. Demo is clearly right. As I posted before as well, Snipes is likely toast if he is judged by the same jury that judges Kahn.

[Demosthenes]

In motions filed by prior counsel, Snipes' home in New York was discussed. And in interviews, Snipes claimed to have an apartment close to the WTC when it went down in 2001.