Parkers' attorneys ask for new trial after allegations against B - wistv.com - Columbia, South Carolina |

Parkers' attorneys ask for new trial after allegations against Ben Staples surface

Posted: Updated:
Ben Staples on the witness stand during Brett Parker's murder trial. Ben Staples on the witness stand during Brett Parker's murder trial.
Brett Parker Brett Parker
Jack Parker Jack Parker
Doug Taylor Doug Taylor
COLUMBIA, SC (WIS) -

Just days after a key witness in a high profile federal gambling trial was accused of fraud by the federal government, the defendants' attorneys have filed paperwork asking for a new trial.

Attorneys for Brett Parker, his father, Jack, and Doug Taylor argue the existence of a federal investigation into Staples would have been important information to have during trial and proper to use during cross-examination of the accountant.

Earlier this month, Staples aided federal prosecutors as the government went after the three men for running a gambling operation.

"Staples' testimony was extremely important to the Government's case," wrote attorneys Joshua Kendrick, Katherine Evatt and Tivis Sutherland in an 8-page motion. "He was the only witness who credibly supported the Government's allegation that Tammy Parker was the fifth person in the indicted gambling operation."

The Securities and Exchange Commission on Friday released information that Ben Staples was allegedly part of a scheme that took millions of dollars from terminally ill patients. The complaint was filed less than 48 hours after a guilty verdict was returned against the three men.

"The timing of the complaint against Staples suggests the Government was aware of the investigation prior to the trial, or at least prior to the verdict in this case," the defendant's attorneys argued. "The defense was not privy to critical impeachment evidence in this case. The information was available to the Government and should have been disclosed to the defense. Because the evidence would have likely changed the outcome of the case, a new trial is warranted in this matter."

The three men are scheduled to be sentenced on the charges on Dec. 18.

Jack Parker and Doug Taylor remain out on bond until sentencing.

Brett remains in jail as a result of his conviction for killing his wife, Tammy Jo Parker, and his business partner, Bryan Capnerhurst.

Staples was an important witness to county prosecutors in Brett Parker's murder trial earlier this year. He was also controversial after admitting during Parker's May murder trial that he'd had an affair with victim Tammy Jo Parker.

Staples helped the state convince a jury Parker was guilty of killing his wife and associate.

Parker's defense attorney Dave Fedor said Monday it would have been nice to know about the SEC allegations prior to the murder trial.

"I think we could have crucified him," said Fedor. "I don't think he was truthful. I don't believe much of what he said. I just believe he wasn't candid with the court. He certainly wasn't candid with us."

Copyright 2013 WIS. All rights reserved.

Powered by WorldNow