Like everyone in this life, Palfrey took some of her secrets to the grave. But there are a few glaring mysteries including how much money she actually made over the years which contradict her and the government’s assertions, and there is smoke. For example, Sibley notes a very serious problem in the cross-examination by AUSA for the prosecution, Daniel Butler, at trial regarding the testimony of IRS agent Troy Burrus. Statements were made that pulled-back the veil, and the only explanation this writer can find is incredible incompetence. In short, they accidentally charged Palfrey with under-reporting her income at trial rather than beforehand. This is a major procedural error in any criminal trial.
But no worries, the presiding judge had their back in the end. A reasonable outcome would have been a mistrial, but Judge Robertson was no Judge Kessler (who was replaced in a predawn raid without explanation), and anything but reasonable. This exchange occurred during Palfrey’s trial on April 9, 2008:
…22 Q. Does Ms. Palfrey's return show gross receipts or net
23 receipts?
24 A. It shows gross receipts.
25 Q. And where does it show that?
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1 A. On line one, under part one for the income, it shows the
2 gross receipts.
3 Q. And what is gross receipts, just to make sure?
4 A. Gross receipts in this instance would be all the income that
5 was received by the business during that year.
6 Q. So that would include Ms. Palfrey as well as her employees.
7 Is that correct?
8 A. Actually, it should include the monies that she actually
9 received, that was sent to her.
10 Q. And did you compare the tax returns to the bank records for
11 Ms. Palfrey?
12 A. Yes.
13 Q. And what did that show?
14 A. The comparison of the bank records for this year, 2002, show
15 that there was a greater amount of gross receipts than was
16 reported on this line.
17 MR. BURTON: Can we approach, Your Honor?
18 THE COURT: Yes.
19 (BENCH CONFERENCE ON THE RECORD.)
20 MR. BURTON [Palfrey’s criminal counsel at trial]: I don't know where this is going.
21 MR. BUTLER: I'm not going to any tax discrepancy, or
22 anything to that effect.
23 THE COURT [Former FISA Judge James Robertson who resigned from the Court in December 2005 when the NSA’s warrantless wiretapping program was exposed]: You just saddled her with basically what is
24 false reporting.
25 MR. BUTLER: Well, I don't think it's gone that far.
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1 yet, Your Honor. I'm not going any further with this line of
2 inquiry.
3 THE COURT: Well, now you've put the defense in the
4 position where they have to respond to this. How are they going
5 to do that?
6 MR. BUTLER: Well, Your Honor, that was not the intent
7 of my question, but I appreciate what the Court is saying.
8 THE COURT: What was the intent of the question?
9 MR. BUTLER: My intent of the question, Your Honor, was
10 directed at the gross receipts that were deposited into this and
11 comparing it with the bank records that we have. It was a
12 poorly phrased question. That's all I can say about it. I
13 don't know anything more than that.
14 THE COURT: Well, where are you going next?
15 MR. BUTLER: Your Honor, I'm going next with -- can I
16 just have a moment, Your Honor?
17 Your Honor, there's another chart in terms of -- I just
18 need to grab it, just to answer the question more explicitly, if
19 I can have a moment.
20 THE COURT: How much more do you have with this guy?
21 MR. BUTLER: Not very much at all, Your Honor.
22 MS. CONNELLY: I think there's a bunch more documents.
23 MR. BUTLER: Well, there's other documents we need to
24 admit through him, yes.
25 THE COURT: Can he come back in the morning? [iv.]
Palfrey’s final criminal counsel merely went through the motions, and weakly called for a mistrial, which Robertson rejected immediately. Burton didn’t press the issue, which was typical of this defense strategy during the trial. It appears that his defense wasn’t especially zealous. Yet, critics of Sibley would be hard-pressed in saying he didn’t represent Palfrey zealously enough--if anything it might have bordered on the overzealous (whatever that means), and I believe he did his best to save her from herself, including attempts to bring her suicidal behavior to the attention of the Court, and possibly even that of the prosecution.
But, again, I believe that he and they are not legally able to discuss or write about such things for procedural reasons.