Sayre pharmacist jailed in federal tax case
By By R.A. WALKER Williamsport Sun-Gazette
Morning Times
Fri Oct 31, 2008, 09:39 AM EDT
WILLIAMSPORT - A Bradford County pharmacist, who claims the government actually is the one committing crimes by prosecuting him and his wife on tax charges, was ordered detained Wednesday and to undergo a competency evaluation.
Albert Leo Berrettini Jr., 59, of Sayre, and his wife, Mary Ann, 60, face multiple federal counts, including conspiracy to defraud the federal government.
The charges stem from tax returns filed and not filed while the Berrettinnis were taking tax advice from a Colorado organization already prosecuted for advising clients to illegally evade taxes and hide resources.
Berrettini, owner of Bert's Pharmacy in Sayre, was detained by U.S. District Senior Judge James F. McClure following a hearing during which he said the couple's court-appointed attorneys were not trustworthy and complained that some court documents had his name spelled incorrectly because the name was printed with all capital letters.
The couple previously sued both their attorneys, who were appointed after they failed to retain attorneys on their own.
The hearing Wednesday in part dealt with one attorney's request to be allowed to withdraw from the case and the government's request that the other be removed because of a conflict. Other hearing topics were the status of the couple's competency and whether they should be held in contempt of court and detained for missing a hearing last week.
The case has been peppered with unusual statements and filings by the defendants, including last week's filing of documents suggesting the judge and other court officials could be arrested and declarations of independence by the defendants. In court, Albert Berrettini said the couple were "sovereign living" beings and termed the government's charges "corporate fiction."
"You don't understand how this works, Mr. Berrettini," the judge tried to explain.
The hearing was dominated by Berrettini's insistence that the government was in the wrong. He claimed the judge was "an officer of the executive branch" and should be excluded from being his judge.
He also claimed he and his wife are aware of "rights that most people don't know" they have and said he learned about the law from reading on the Internet.
Mary Ann Berrettini's attorney, Public Defender D. Toni Byrd, is seeking court permission to withdraw from the case, but Albert Berrettini's attorney, Stephen Becker of Lewisburg, is willing to remain despite his client's opinion.
Because the couple has financial resources, McClure said he would not appoint replacement attorneys should the two representing them now leave the case.
"You can either hire one or you're on your own," he said.
He also asked both Becker and Byrd to continue as the couple's attorneys at least until a determination of the husband's competency has been made.
Mary Ann Berrettini was allowed to remain free awaiting trial without posting a bond and without court supervision.
The woman's statements during the hearing were minimal, and she was in tears after her husband was escorted out of the courtroom in handcuffs.
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Pharmacist Phlails, Phlops
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- Trusted Keeper of the All True FAQ
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Pharmacist Phlails, Phlops
From Demo:
Dan Evans
Foreman of the Unified Citizens' Grand Jury for Pennsylvania
(And author of the Tax Protester FAQ: evans-legal.com/dan/tpfaq.html)
"Nothing is more terrible than ignorance in action." Johann Wolfgang von Goethe.
Foreman of the Unified Citizens' Grand Jury for Pennsylvania
(And author of the Tax Protester FAQ: evans-legal.com/dan/tpfaq.html)
"Nothing is more terrible than ignorance in action." Johann Wolfgang von Goethe.
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- Khedive Ismail Quatoosia
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Re: Pharmacist Phlails, Phlops
Berrettini, owner of Bert's Pharmacy in Sayre,
Clearly, way too much self-dispensing,
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- Judge for the District of Quatloosia
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Re: Pharmacist Phlails, Phlops
Ah yes, another sovereign victory! The spouse got to go home - alone.
The Honorable Judge Roy Bean
The world is a car and you're a crash-test dummy.
The Devil Makes Three
The world is a car and you're a crash-test dummy.
The Devil Makes Three
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- Knight Templar of the Sacred Tax
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Re: Pharmacist Phlails, Phlops
Ah, yes, Phreedom might eventually turn out to be a Phleeting thing Phor this Pharmacist, who obviously has a Phaulty Philosophy about his obligation to contribute his share of Phunds to the Phederal Phisc.
EDIT: I Phear I may hear a Phamspear joke or two!
EDIT: I Phear I may hear a Phamspear joke or two!
"My greatest fear is that the audience will beat me to the punch line." -- David Mamet
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Re: Pharmacist Phlails, Phlops
Deja vu all over again.attorney's request to be allowed to withdraw
determination of [...] competency
All the States incorporated daughter corporations for transaction of business in the 1960s or so. - Some voice in Van Pelt's head, circa 2006.