Former IRS agent, accountant and anti-tyranny activist

[jg]

From http://www.kishandlietz.com/attorneys.htm

W. Carl Lietz III is an accomplished and respected criminal defense lawyer. After graduating from Vermont Law School in 1995 with a J.D. degree and a Master of Studies in Environmental Law, cum laude, Carl clerked for two federal judges, beginning his legal career as a law clerk to the Honorable Sharon Lovelace Blackburn, United States District Judge for the Northern District of Alabama, and thereafter clerking for the Honorable Orinda D. Evans, Chief United States District Judge for the Northern District of Georgia. Upon the completion of his second federal clerkship, Carl worked for a number of years at a well-regarded Atlanta law firm that specializes in the defense of white collar criminal cases.

Before forming Kish & Lietz, Carl served as Sentencing Resource Counsel at the Federal Defender office in Atlanta, Georgia. During his five year tenure in the office that many regard as one of the premier training arenas for federal criminal attorneys, Carl tried a significant number of federal jury trials, litigated hundreds of evidentiary hearings, and argued cases in the United States Court of Appeals for the Eleventh Circuit. Carl is also known and respected for his creative and effective pretrial advocacy. For this reason, other lawyers routinely seek Carl’s advice and assistance on complex legal issues.

His firm was involved in making a deal to spare Eric Robert Rudolph from a lethal injection:

A federal judge appointed Kish and colleagues Brian Mendelsohn and W. Carl Lietz III to defend Rudolph against charges stemming from three Atlanta-area bombings: the 1996 Centennial Olympic Park bombing, which killed 44-year-old Alice Hawthorne and injured more than 100 others; and the 1997 bombings of an abortion clinic and the Otherside Lounge, described in court documents as serving a gay and lesbian clientele

More details at http://www.law.com/jsp/article.jsp?id=1113827719566

[LPC]

Check out the motion to dismiss. A lawyer signed off on this?

Each count of the information claims that Ms. Jackson “was required by Title 26, United States Code, and by regulations made under the authority thereof, to make a federal income tax return.” Although the information alludes to “Title 26" and the “regulations” that allegedly imposed the requirement to make a tax return, it does not identify those provisions. Accordingly, in order to ascertain the provisions against which she will be required to defend, Ms. Jackson, along with the instant Motion, has also filed a Motion for a Bill of Particulars. In that Motion, Ms. Jackson has requested the provisions of “Title 26" and the “regulations” referenced in the information. Without this information, Ms. Jackson cannot adequately defend against the Government’s charges.

I very much doubt that the judge will order the government to provide defense counsel with a primer on tax law.

As I have said before, I don't practice criminal law, and so I have never asked for, or seen, a "bill of particulars," but it is my understanding that a bill of particulars provides additional FACTUAL information about the charges, not legal arguments. So it might be appropriate to request a bill of particulars if you want to know how much income the government thinks you received, and from what sources, but a motion for a bill of particulars is not the proper way to argue about whether there is or is not a law requiring a tax return, or which law required the defendant to file a tax return.

[LPC]

From TrialLogs:

From: Sherry Jackson

Sherry Jackson sent on Jun 7, 2007, 11:13 PM

Hi

On Friday, April 13th (the last possible day that it could be done to
include the year 2000) the government filed criminal charges against me.
The charge is from Section 7203 and it is willful failure to file. There
are four counts – 2000, 2001, 2002 and 2003.

This was not in Indictment, it was an Information. I have been told that an
Indictment is for felonies and an Information is for misdemeanors. Because

they filed the charges they finally had to unseal the affidavit of probable cause that the agent swore to the judge to get permission to invade my home.
This affidavit is just a listing of all of the places that I have spoken out
and asked the government to show the law. It does not state any criminal
acts on my part, but it does state that they had my family under
surveillance, they went through our garbage and they retrieved our mail.
They also went to my church and demanded the records of all my tithes and
offerings for those four years. Who is the criminal?

Anyway, the affidavit claims conspiracy, and three other “violations”.
However, after all was said and done they came up with willful failure to
file. Those of you that know the law know that we have an excellent chance
to win this case. Without getting into any details of our strategy, I have
retained Larry Becraft (that handled Vernie Kuglin’s case) and a local
attorney to help me. We will work to obtain the same outcome as Vernie.

I will need help paying legal fees. I have already taken out a signature
loan, but I have no equity in my home and can’t refinance for any funds. If
you would like to help us obtain a victory it would be kind of you to donate
towards a victory. I am working to get all of my “Breaking The Invisible
Shackles” DVD’s back, (they stole about 800 of them) and those that send at
least $100 will receive an autographed one if and when I get them back.

If you plan to help out please write the check or money order to Sherry
Jackson and send it to 1560 Fieldgreen Overlook, Stone Mountain, Georgia
30088. I do not have a legal defense fund set up but hopefully you trust
that these funds will go straight to pay the attorneys (which they want to
be paid up front). Our goal is 40,000 which will include the remainder of
the attorney fees and the known expenses like travel and hotel.

I will still continue to run my business and use those funds to pay my house
hold expenses, so please pray that clients won’t run from me now because of
these charges.

I pray that you are with me at least in prayer that we prevail and that our
country gets back to the country that it was meant to be. I think a victory
is needed and will help.

Sincerely,

Sherry Peel Jackson

"Cowardice asks the question: is it safe? Expediency asks the question: is
it political? Vanity asks the question: is it popular? But conscience asks
the question: is it right? And there comes a time when one must take a
position that is neither safe, nor political, nor popular - but one must
take it simply because it is right." Martin Luther King, Jr.

"I had reasoned this out in my mind, there was one of two things I had a
right to, liberty or death; if I could not have one, I would have the
other." Harriet Tubman

http://sherry.quest4u.cc

[Disilloosianed]

As I have said before, I don't practice criminal law, and so I have never asked for, or seen, a "bill of particulars," but it is my understanding that a bill of particulars provides additional FACTUAL information about the charges, not legal arguments. So it might be appropriate to request a bill of particulars if you want to know how much income the government thinks you received, and from what sources, but a motion for a bill of particulars is not the proper way to argue about whether there is or is not a law requiring a tax return, or which law required the defendant to file a tax return.

This is a common misunderstanding for these folks. In a similar vein, I often receive "affidavits" that just list whatever the top "legal" theory of the day is. Don't try explaining that they can't actually swear to what the law means and have it accepted as evidence.

[The Observer]

From: Sherry Jackson
.
.
.
Those of you that know the law know that we have an excellent chance to win this case.

Interesting Freudian slip - acknowledgment that your theories are reduced to a gamble in court. I thought this was ironclad stuff you were selling to your customers.

If you would like to help us obtain a victory it would be kind of you to donate towards a victory. I am working to get all of my “Breaking The Invisible Shackles” DVD’s back, (they stole about 800 of them) and those that send at least $100 will receive an autographed one if and when I get them back.

So you have to send her $100 and you might get an autographed DVD?

I do not have a legal defense fund set up but hopefully you trust that these funds will go straight to pay the attorneys (which they want to be paid up front).

Well, at least your attorneys are smarter than the TPs you are trying to get to invest in your DVD lottery.

so please pray that clients won’t run from me now because of these charges.

I guess you don't know your customers so well. A little tidbit for you: your clients are so practiced at running from the light of truth, they make cockroaches look like pikers.

"...But conscience asks
the question: is it right? And there comes a time when one must take a
position that is neither safe, nor political, nor popular - but one must
take it simply because it is right." Martin Luther King, Jr.

Somewhere Dr. King is shaking his head and wondering where your conscience sold out to your greed.

[hartley]

I've often wondered if Sherry Jackson were a white male if she'd be more popular with the TPs. There's so much underlying racism in the TP movement I've got to think that's been a factor in keeping from becoming a bigger player in the TP game. One doesn't have to read far into LH or on Sooeey to see the underlying racism inherent in TP types.

Yeah, I mean [sarcasm] isn't she a "14th Amendment" citizen? [/sarcasm]