HATTIESBURG, MS (WDAM) - Former Forrest County Chief Deputy Charles Bolton has filed a motion requesting a judgment of acquittal or a conditional grant for a new trial.
Bolton was convicted Sept. 15 for nine charges related to federal tax evasion and filing false tax returns. His wife, Linda Bolton was convicted on five charges of filing a false tax return.
Bolton's legal counsel, Joe Sam Owen and Ben Galloway filed the motion Wednesday in federal court seeking the rulings.
Throughout the motion, the defense argues that the government failed to meet their burden of proof and the government's case on all 10 counts overlaps and mirrors other counts.
"The jury returned a verdict of not guilty as to count 1, the evasion or attempt to evade federal income tax for the tax year 2009. However, on count 6, which charges Charles and Linda Bolton filed a materially false tax return for the tax year 2009, the jury returned a verdict of guilty," according to Owen in the motion.
Bolton's attorneys also cited checks that were written to the Bolton's businesses, Sports 22 and Hall Avenue Package Store from John Lee and how the government didn't present a burden of proof showing that they were actual income.
Charles and Linda Bolton both remain free on a $25,000 unsecured bond until their sentencing on Dec. 19.