Barber files appeal
Thu, 19 Apr 2012 17:32:54 GMT —
The Kansas City based attorney for former Kirksville dentist Steve barber has filed his appeal with the Western District Court of Appeals.
Barber was found guilty of two counts of witness tampering, after he offered $150,000 to the parents of the victim, to not cooperate with the prosecution in the Tom Oswald case. Barber made the offer thru Kirksville attorney Seth Shumaker, who was representing the victim in the case.
In his appeal, Barber's attorney J.R. Hobbs claims that the trial court erred in several areas, including, not excluding the conversation between Barber and Shumaker, saying the conversation should have been excluded as attorney-client privilege.
Hobbs also claims the trial court erred by not allowing evidence that pertained to disciplinary sanctions by the state Supreme Court in regard to Shumaker. Shumakers law license was suspended at the time of his testimony.
Hobbs also claims double jeopardy, in that Barber only made one offer, yet was tried on two counts in connection with that offer.
Hobbs also claims the trial court erred by overruling Barbers motion for acquittal following the prosecution presentation of evidence, adding the state's evidence was insufficient as a matter of law, to prove it's case.
Barber is asking for the appeals court to either overturn the conviction or send the case back to Adair County for a new trial.
The Missouri Attorney Generalâ??s office, which is handling the appeals process, has 30 days to file a response with the court.
You can read the complete filing by clicking here.