By Patsy R. Brumfield/NEMS Daily Journal
ABERDEEN – Jailed former biofuels entrepreneur Tommy Tacker asks a federal judge to release him from prison while his 2010 conviction is reviewed.
Tacker of Pontotoc County is serving a 60-month sentence for his conviction on multiple counts that he defrauded the U.S. government and made false reports through a biofuels subsidy program.
Tacker operated BioDiesel of Mississippi Inc. in Nettleton, but the facility went bankrupt. The company claimed it could make diesel fuel from soybean oil.
Last week, his appeals attorney Oliver Diaz of Jackson asked the court to release Tacker from a prison facility at Montgomery, Ala., while his conviction is reviewed.
Appeals documents claim Tacker’s trial counsel was so ineffective that his conviction should be reversed, or at least a new trial granted.
Tacker claims they failed to print government-provided documents and did not use them at trial, failed to seek out eight witnesses defrauded by the government’s key witness against him, did not investigate a “mental disorder” Tacker said hindered him from performing math-related tasks and did not look into various issues surrounding BioDiesel’s bankruptcy proceedings for use at trial.
Diaz says Tacker does not pose a flight risk.
The 5th Circuit Court of Appeals upheld his conviction on appeal in August 2011.