Wednesday, April 08, 2009
Verdicts in moonshine trial being reviewed
Some of the jury verdicts against a Pittsylvania County woman convicted in the region's biggest moonshine trial in years may be set aside, U.S. District Court Judge James Turk said Tuesday in a post-trial motions hearing.
Attorney Phillip Lingafelt of Roanoke argued that the government had presented insufficient evidence to tie his client, Margaret Smith, to 10 counts of money laundering and one count of perjury.
"I never like to disturb a jury verdict," Turk said, then added that in this case, he was inclined to do so.
Turk made no official ruling at the hearing and said he would issue a decision after further review.
A jury last year found Smith guilty of the money laundering and perjury charges and also of conspiring to produce illegal liquor by letting her property be used as a still site.
Turk said the evidence appeared to be "overwhelming" that Smith was part of a conspiracy. But he sharply questioned Assistant U.S. Attorney Sharon Burnham's contention that cash deposits to Smith's bank account had to be from illicit sources and that her mortgage payments constituted money laundering.
"She could have won the lottery," Turk quipped.
Also at Tuesday's hearing was Smith's former common-law husband, Jody Smith, a Franklin County man found guilty last year on 29 charges tied to moonshining and now asking either to have those convictions reversed or a new trial.
Jody Smith's attorney, Gil Davis of Fairfax, followed Lingafelt's presentation, saying, "Me too."
Turk said he would soon make a decision in Jody Smith's case as well.
-- Mike Gangloff




