TALLAHASSEE, Fla. (WTXL) — JT Burnette's lawyers have filed a motion of acquittal on counts two, five, six, eight, and nine of the Second Superseding Indictment.
According to court documents, Burnette renewed his Motion for Judgment of Acquittal saying there is insufficient evidence to sustain a conviction on each element of every count.
The jury acquitted Burnette on the RICO conspiracy count (count one), meaning that Burnette cannot be liable on any counts on a theory of conspiracy liability.
The jury also acquitted Burnette of participating in a scheme to defraud the public of honest services resulting in the first two $10,000 checks sent by the FBI’s front operation (counts three and four). That fact compels acquittal on counts two, five, six, and eight.
The jury found that Burnette was not part of the alleged scheme’s initiation. His motion states that "no evidence proves beyond a reasonable doubt that he subsequently joined an alleged scheme at a later date."
Burnette's motion says the Court should enter a judgment of acquittal on counts two, five, six and eight because "there is insufficient evidence."
The motion also argues evidence does not support Burnette’s false-statements conviction, count nine, because the questions posed to Burnette were fundamentally ambiguous, his answers were not false, and the questions and answers did not concern a material matter.
Burnette’s attorneys filed the motion on September 13. His sentencing is scheduled for October 28.