Snipes' Tax Trial Delayed

Federal judge postpones after actor fires his lawyer; proceedings, originally set for Oct. 22, now postponed until January

By Josh Grossberg Oct 11, 2007 11:23 PMTags

Wesley Snipes has managed to evade his tax-evasion trial. At least for the time being.

A federal judge has postponed the Waiting to Exhale star's case to allow Snipes' newly hired legal crew more time to prepare the actor's defense. The proceedings, originally set to begin Oct. 22, now won't get rolling unitl January.

U.S. District Judge William Terrell Hodges ruled in favor of a motion by the actor's new lead attorney, Robert Barnes, who told the court the continuance would allow him to get up to snuff after Snipes dumped his previous counsel, William Martin, due to a "complete lack of trust and confidence."

The judge granted the extension over the objections of prosecutors, who signaled they were ready to go. But that doesn't mean Hodges was happy about it.

"All of these events would lead any reasonable person to suspect that the defendant's dismissal of able counsel was nothing more than a ploy designed to force the conrnuance of a trial," the judge said.

Snipes, 45, stands accused of trying to cheat the Internal Revenue Service out of $12 million in fraudulent refunds in 1996 and 1997 and not filing any tax returns from 1999 to 2004.  If he's convicted, Snipes could face up to 16 years in prison. The actor has pleaded not guilty to all counts.

He originally filed a petition for an extension on Oct. 2, but Hodges initially balked at the request, noting that the Demolition Man's trial had been delayed numerous times—it was originally supposed to kick off last March.

The following day, Snipes gave Martin the boot, claiming the attorney spent more time representing another star client, fallen football star Michael Vick. Snipes claimed Martin failed to review boxes of material for the trial and then misplaced other key documents.

The actor subsequently brought in the law firm run by Robert G. Berhnhoft, who successfully represented Snipes in a paternity case, and cocounsel Robert Barnes, a specialist in criminal tax cases.

They in turn filed a new motion asking for the postponement, at which point Hodges changed his mind on Wednesday, grudgingly admitting that a continuance was in the "best interest of the public and defendant."

Still, Hodges' decision comes too late to help Snipes' flagging career. The actor was forced to drop out of his role in Spike Lee's World War II drama Miracle at St. Anna, because he was committed to the October trial date, which is about the same time the film is scheduled to roll cameras.