By Billy Davis

Attorneys for Batesville physician Robert Corkern are petitioning the U.S. District Court to allow their client to be tried in a separate trial in federal court.

Attorneys Parker Still of Batesville and William Travis of Southaven submitted the court motion, pointing out to the court that allegations of a kickback scheme at Tri-Lakes do not include Corkern.

The motion is now before U.S. District Judge Neal Biggers Jr., who is overseeing the coming criminal trial in Oxford.

Corkern’s name surfaced in October when a superseding indictment alleged he conspired with Ray Shoemaker to funnel money from a line of credit that was intended to operate Tri-Lakes Medical Center.
Corkern is also accused of bribing David Chandler, the former county administrator, to get county funds for the hospital.

But the superseding indictment came seven months after an initial indictment named Shoemaker and Lee Garner as co-defendants in an alleged kickback scheme at Tri-Lakes. Now, two months after Corkern was served with the superseding indictment, his attorneys are arguing that the U.S. District Court in Oxford is proceeding with a single criminal trial that includes similar names and the same locale — but different allegations against their client.  

“There are two alleged events of which the first is a kickback scheme,” Still told The Panolian. “Our client is not mentioned in that allegation, only in a second alleged event.”

If the criminal trial proceeds as scheduled, a federal jury will hear allegations of a kickback scheme and allegations of theft and bribery in a single trial, Still pointed out.  

Travis is the lead attorney representing Corkern and submitted the motion on behalf on his behalf, said Still.  

In other court proceedings, The Panolian reported Tuesday that Judge Neal Biggers Jr. is asking 13 attorneys in the case to choose two dates, January 30 or February 12, to hold a criminal trial.

The trial date was originally set for June and was bumped toward fall then winter of 2011.
A separate court hearing for Chandler has been bumped around, too. The newest court date is set for next week — Wednesday, December 14 at the U.S. District Court in Aberdeen.

Chandler’s attorney has said he is cooperating with authorities. He is expected to plead guilty to two unknown counts as part of a plea bargain with federal prosecutors.