Saturday, April 27, 2013

Kelley Asks Her Appellate Attorney To Phone The DOJ/District Counsel Of The IRS To Get The Facts Straight About Agent Tejeda's Testimony

From: Kelley Lynch <>
Date: Sat, Apr 27, 2013 at 3:22 PM
Subject: Agent Tejeda/IRS - Public Defenders
To: "Francisco.A.Suarez" <>, ASKDOJ <>, "*irs. commissioner" <*>, Washington Field <>, "Kelly.Sopko" <>, Dennis <>


I am reading through the Public Defender notes from my trial.  Includes is a sheet of voice mail messages.  It notes that on 4/12/12 at 7.21 AM - Luis Tejeda called and left this number - 213.576.3797.  That is the date the judge sent this to the jurors and refused to wait until noon so that we could speak with Agent Tejeda.  The Respondent's Brief, written by Susan Schmitter, states:  Tejeda was not available and ready to testify in the ordinary course of the trial.  The defense told the court they wanted to withhold resting until the next day because they weren't able to hear back from Tejeda.  RT 528 

The judge says something inane about my knowing about Agent Tejeda and this is not a surprise.  Well, the prosecutor sprung the IRS binder on my lawyers on April 9th and we immediately issued a subpoena to Agent Tejeda and there is evidence in that binder that I was never aware of and never could be aware of - with respect to Cohen's refund that has now been challenged as fraudulent.  The IRS doesn't speak to other people about taxpayer information.
In the PD notes there is another message.  It follows a message of 4/19/12.  And it says:  Kelly Lynch.  2CA 05439.  Tejeda.  DOJ - Defense letter.  REDACTED NUMBER.  REDACTED NAME.  This number is for the District Counsel of the IRS.  Would you please call this number on Monday and speak to REDACTED NAME about this matter.  I don't think we should speculate and we should find out precisely what unfolded with respect to Agent Tejeda and his communications with the public defenders before oral arguments on May 9th.
Thank you.  I left you a message also.

All the best,