Helio’s Attorneys Shoot for a Mistrial

Roy Black has more tricks than Houdini.  Well, today the court provided some supplimental instruction to the jury regarding deferral of income. These instructions were, according to Helio’s defense team, a substantial modification to the instructions originally given to the jury, with some additional language added to them.  The problem is that this violates Rule 30 of the federal code.  Now, I’m no tax law expert, but I do know you cannot change the rules midway through the case, and that’s basically what they’re claiming.  They say that they made their closing arguments based on one interpretation given to the jury, but a second interpretation was given once in deliberations.

Even if the mistrial is denied, they still want the rules further clarified for the jury.

Also, the court has said that the jury can ask specific questions on various bits of testimony and evidence.  Well, Ol’ Roy Boy doesn’t like that either, claiming that it intrudes on their rights to secret deliberations.  He’s calling for a mistrial on that, as well.

To quote my guy Fred, don’t count out Roy Black.

Also, for those of you waiting for a verdict, remember there are eighteen charges being considered here, and each is to be considered separately.  We may be a ways away from a verdict.

Update: To clarify, it’s eighteen charges among Helio, Kati, and Alan Miller.

Also, even if these motions are denied, these can all be put forth simply to strengthen the right to an appeal.

9 Responses to “Helio’s Attorneys Shoot for a Mistrial”

  1. Jeremiah Says:

    Eighteen charges is completely insane! How are they ever supposed to find him not guilty in time for Long Beach? Unreal how long this has taken.

  2. Fred Says:

    Hi Jeremiah,

    Here is a breakdown of the 18 total charges that were filed against Helio, his sister Kati, and Helio’s attorney Alan Miller. The alleged involvement of each party (Helio, Kati, and Alan Miller) was different in each charge so it is best for the jury to consider each charge against each person separately in making its decisions.

    1. Conspiracy
    2. Tax Evasion in 1999
    3. Tax Evasion in 2000
    4. Tax Evasion in 2001
    5. Tax Evasion in 2002
    6. Tax Evasion in 2003
    7. Tax Evasion in 2004

    8. Conspiracy
    9. Tax Evasion in 1999
    10. Tax Evasion in 2000
    11. Tax Evasion in 2001
    12. Tax Evasion in 2002
    13. Tax Evasion in 2003
    14. Tax Evasion in 2004

    Alan Miller
    15. Conspiracy
    16. Tax Evasion in 2000
    17. Tax Evasion in 2001
    18. Tax Evasion in 2002

    By the way, the U. S. government had been trying to resolve this matter for a number of years instead of having to go to trial, but had been unsuccessful in bringing it to a mutually agreed resolution.

    These are criminal charges which aren’t to be taken lightly. Please remember all defendants are innocent and continue to be so unless proven beyond a reasonable doubt by a jury to be guilty.

    Helio and Kati’s defense team leader is one of the best criminal defense attorneys in the U. S. for white collar and financial crimes. Alan Miller similarly has an excellent defense attorney team leader.

    Helio’s defense team leader retained an excellent, well-experienced jury consultant to help select jurors who would hopefully be supportive of Helio in their deliberations.

  3. Alan Metcalfe Says:

    I wish May would just go away! May has sucked since 1996 and especially 2002 when Gaylio got gifted his win.
    Bring on June and the REAL race of LeMans!

  4. mike Says:

    Maybe Roger and the press were being a bit too optimistic in thinking that Helio could be in a car for Long Beach. Whatever the case, the move for a mistrial will add a bit more flavor to these already saucy proceedings.

    I have to agree with the article though, if their is a substantial difference between the definitions as laid out during the trial and the definitions that are being presented to the jury at this point, then they at least have to seriously consider the matter. But, how much of this is an actual difference in the definitions and how much is semantics conjured by a talented defense team.

    All said though, I bet the jury will be just as relieved as Helio when this whole mess is over. Maybe they will be able to catch up on their naps.

  5. Steve Says:

    If the judge and attorneys are having a tough time coming up with correct definitions then how in the world is the jury going to make a decision? Better yet, how are we as tax payers going to figure out all this nonsense? If this isn’t an example of how much the government needs to simplify the tax code I don’t know what is! Throw out the case, declare Helio et al’s innocence and make tax payments simple!!!

  6. llilly Says:

    Fred said: “By the way, the U. S. government had been trying to resolve this matter for a number of years instead of having to go to trial, but had been unsuccessful in bringing it to a mutually agreed resolution.”

    Where did you find that out, Fred. I would like to read more about it because I haven’t heard that before.

  7. Fred Says:

    Hi Hilly,

    That came from one of the news articles published right after the indictment was publicly released in early October 2008.

  8. Fred Says:

    Further information for Hilly in addition to news articles:

    Helio’s original attorney, Mark Seiden, had to withdraw from representing Helio at trial when it became obvious that Seiden would be called as a witness to testify.

    A tax attorney, David Garvin, had previously been retained to assist Seiden in the trial.

    Garvin filed on November 20, 2008 a document with the court which included a statement of “Attorney Garvin is an experienced tax lawyer who has been working (with attorney Seiden) on Mr. Castroneves’s defense for approximately two years and is intimately acquainted with the facts and the law relevant to the case.”

  9. Robert Says:

    I am from South Florida and most everyone around here knew that the day Helio hired David Garvin to lead his case he was going to win.

    The Government has a 90% conviction rate in federal tax cases. This case was not against undertrained attorneys working for the State in some controversy that lacked witnesses and documentary evidence.

    However, I believe Garvin has gotten his clients acquittals or hung juries in 6 of his last 7 cases. Including the case against the late Commissioner Arthur E. Teele Jr.

    I saw in ESPN.com and SI.com that Helio had David Garvin at the Long Beach race.