Thursday, July 30, 2009
Man gets four years for moonshine
A woman convicted of helping obscure a paper trail was sentenced to a year and a day in prison.
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Jody Alton Smith was sentenced to four years in prison Wednesday for making about 16,000 gallons of moonshine -- enough to fill a backyard swimming pool deep enough to dive into.
Prosecutors said Smith oversaw a Halifax County operation that served buyers from as far away as Philadelphia.
The case against Smith and five others, one of the largest of its kind in recent years, was the latest effort by federal authorities to discourage moonshiners who cheat the government of taxes while subjecting consumers to a potentially dangerous intoxicant.
But defense attorney Gil Davis questioned whether the sentence will deter other bootleggers in places like Franklin County, where Smith lives.
"If you go out in the woods of Franklin County, you stumble on this stuff left and right," Davis told U.S. District Court Judge James Turk. "This is a culture that is probably not going to be knocked out by one case. It's been going on for a long time, and there are people who celebrate it."
Assistant U.S. Attorney Sharon Burnham countered that while moonshine might be a tradition, that's no excuse for the people who profit from it.
"How many families were harmed in our community by 16,000 gallons of liquor?" she asked.
Smith's sentencing in U.S. District Court in Roanoke followed one earlier in the day for his sometimes-girlfriend, Margaret Smith, who was convicted along with him last year on charges that included conspiring to make illegal liquor and then lying to a grand jury when federal agents moved in.
Margaret Smith, 58, was sentenced to a year and a day in prison.
Three men who pleaded guilty before the trial began have received sentences ranging from probation to 30 months for their roles as still hands. A final defendant is awaiting sentencing.
During Jody Smith's sentencing hearing, a procession of character witnesses described the 61-year-old as a kindhearted man who was always willing to help someone in financial trouble or contribute to fundraisers for needy children.
"If he made money by moonshining, he put it to good use by helping people," longtime friend Betty Tuck testified.
Jody Smith, who was allowed to remain free on bond until he is ordered to self-report to prison, was also directed to pay $217,795 to the U.S. Treasury Department. That's the amount he owes for federal taxes that were not paid on the moonshine he made.
Authorities have said the stills generated at least $225,000 in income during the 18 months they were in operation during 2005 and 2006. The volume of moonshine produced was enough to fill a swimming pool 15 by 35 feet to a depth of 8 feet.
Margaret Smith, who was once married to Jody Smith in an overseas ceremony not recognized in the United States, played no hand in the production of illegal liquor.
But prosecutors said she helped obscure the operation's paper trail by putting the property's deed and electrical service in her name. She was also convicted of perjury for insisting that the property was rented by a mysterious man -- never located -- who was described as looking like a character from "The Dukes of Hazzard" with his bib overalls, white hair and beard.
Jody Smith also was convicted of perjury, a crime that his lawyer was quick to point out didn't even result in a conviction for Bill Clinton.
"Why that should be is a mystery to me," said Davis, of Fairfax, who once represented Paula Jones in her sexual harassment lawsuit against the former president.
In sentencing Margaret Smith, Turk noted that she was the bookkeeper for Jody Smith. "She had to know what was going on," the judge said.
Defense attorney Phillip Lingafelt had asked for probation, likening the prosecution of his client to "using a sledgehammer to kill a gnat."




