By Patsy R. Brumfield/NEMS Daily Journal
OXFORD – Tupelo businessman Ray Shoemaker has asked to be free on bond while the 5th Circuit Court of Appeals considers his February conviction and sentence in a health care kickback-bribery case.
Shoemaker is scheduled to start a 55-month prison term Nov. 1.
In his 11-page motion to Senior District Judge Neal B. Biggers Jr., Shoemaker’s attorneys said that if his appeal is granted, he is likely to get a new trial, conviction reversals or no prison time to serve.
Chiefly, they told the court he is not a danger, he’s not appealing to delay and he’s raised “substantial issues of law and facts” about the counts questioned in his appeal.
A federal court jury found Shoemaker and co-defendant Lee Garner of Batesville guilty on multiple counts that they were part of a kickback-bribery scheme surrounding Tri-Lakes Medical Center in Batesville and nursing staff decisions there.
In late August, Biggers threw out all of Garner’s convictions, a couple against Shoemaker and granted the Tupelo man a new trial on a third, although seven convictions against Shoemaker were retained.
In his bond motion, Shoemaker insisted evidence will show him innocent.
Central to his appeal will be his ability to prove he did not intentionally lie about hospital financial transactions and that he did not embezzle $250,000 from the group, which bought the hospital.
Shoemaker’s attorneys filed his appeal with the 5th Circuit on Oct. 9.