Update to Snipes docket

[Demosthenes]

07/06/2007 163 MOTION for reconsideration and Leave to File Redacted Exhibits or, in the Alternative, To File Exhibits Under Seal by Wesley Trent Snipes. (Martin, William) (Entered: 07/06/2007)

http://www.cheatingfrenzy.com/snipes163.pdf

07/06/2007 164 MEMORANDUM in support by Wesley Trent Snipes re 163 Motion for reconsideration and Leave to File Redacted Exhibits or, in the Alternative, To File Exhibits Under Seal (Martin, William) (Entered: 07/06/2007)

http://www.cheatingfrenzy.com/snipes164.pdf

[Demosthenes]

From the second document:

Similarly, in support of the argument that Mr. Snipes did not fail to file, he also seeks to attach a page from his IRS Master File as Exhibit Five to the Motion to Dismiss. This document indicates that in Mr. Snipes' IRS file a notation was included indicating that a Form 1040 was not required. The Master File was not produced through discovery, rather it was obtained by Mr. Snipes through a FOIA request.

How exactly is Snipes' misreading of a IMF notation a matter of law upon which to base a Motion to Dismiss? And isn't his attorney's misrepresentation of that notation to the judge problematic?

[Demosthenes]

And I do find it interesting that Snipes is trying to change the location of the trial from Florida (a no income tax state) to New York (a state with a big income tax) because of his New York residence. I wonder what the New York taxing authority would think of his not paying for the last nine years.

[Demosthenes]

Finally, in further support of Mr. Snipes' Motion to Dismiss, he argues that the entire Indictment must be dismissed on the basis of Selective Prosecution. To meet his burden of demonstrating discriminatory purpose, Mr. Snipes argues that he was singled out for prosecution based on his exercise of his right to counsel. (See Docket No. 145.) In support of this argument, Mr. Snipes seeks to attach, as Exhibit Six, the Memorandum of Conversation that highlights his attempt to exercise this right throughout his conversation with the IRS agents.

In the Motion to Dismiss, Snipes' attorney claimed that he was selectively prosecuted because of the color of his skin. Now they're trying to introduce an IRS memo to support this claim but have shifted the selective prosecution to his desire to hire an attorney?