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SNIPES DEFENSE RESTS

January 28, 2008

Wesley Snipes' defense attorney Robert Bernhoft had hinted that he might call dozens of movie stars as defense witnesses. Today, though, he rested the defense case without calling a single witness.

The defense contends that the prosecution proved nothing when it presented its case:

Wesley Snipes' defense lawyers rested their case in the famed actor's tax-evasion case this morning without calling a single witness, saying prosecutors had a "complete failure of their burden."

...

"We could have called a bunch of Hollywood stars," said Bernhoft, a Milwaukee, Wis., lawyer who specializes in tax cases. "We could have put on a big show, but we don't do that. We're not going to waste the jury's time."

It's not clear what Sylvester Stallone or Goldie Hawn could have added to the defense case. The defense was wise to not let Mr. Snipes or his co-defendants take the stand; if his 600-page letter to the IRS is any indication, Mr. Snipes could dig himself a deep hole on the stand.

Closing statements are scheduled for tomorrow. Will the Snipes defense team try to introduce tax protest arguments? If they do, the judge will probably cut them off. I expect the defense to say that the prosecution didn't show that Mr. Snipes intended to evade taxes when he wrote worthless "bills of exchange" to pay $13 million in taxes; it was just a funny way of asking the IRS a question. Acquittal seems unlikely, but you never know with a jury.

Tags: tax crime.tax protesters.Wesley Snipes.

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