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Snipes Seeks Freedom During Appeal Process

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The Associated Press

Published: May 22, 2008

OCALA - Actor Wesley Snipes must surrender to prison authorities June 3 if he isn't granted bail to appeal three federal tax convictions, defense lawyers said in a court filing Tuesday.

Snipes' attorneys plan to argue before the 11th U.S. Circuit Court of Appeals that the trial judge erred in several ways, leading up to and after his February conviction. U.S. District Judge William Terrell Hodges last month sentenced Snipes to three years in prison.

To be granted freedom during the appeal, the actor must prove he has a substantial issue to raise and isn't a flight risk. His attorneys argue that Hodges gave the jury bad instructions and should have granted them an expanded pretrial hearing on their request to move the trial.

Prosecutors opposed the request. In a Monday filing, U.S. Attorney Robert O'Neill said Snipes told the probation office he had less than $10,000 in liquid assets, but produced $5 million in payment for back taxes at his sentencing.

"His apparent lack of candor about his assets, combined with trial evidence that he has transferred millions of dollars offshore, show some risk off flight," O'Neill wrote.

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