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WEDNESDAY, MAY 8, 2013 | SUMTER, SOUTH CAROLINA
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Jury to begin deliberations today BY BRADEN BUNCH bbunch@theitem.com COLUMBIA — The fate of the federal civil lawsuit against Tuomey Healthcare System is in the hands of nine women and one man. After listening to nearly four weeks of testimony, the 10-person jury will be charged today with instructions by Senior District Court Judge Margaret Seymour and will begin discussing whether
they think the Sumter hospital violated Stark Law and the False Claims Act. Should the jury find Tuomey in violation of these federal laws, it could cost nearly $44.9 million, an award defense lawyer Matthew Hubbell said during closing arguments Tuesday would “annihilate” the hospital. At question during the trial are the part-time contracts the hospital signed 19 local doctors to in 2005. In
return for these lucrative contracts, the hospital received exclusive rights from the physicians to perform out-patient surgical proce-
dures at Tuomey. Prosecutors claimed during the trial that Tuomey did this because it was scared the doctors would open their own surgical centers — naming Wesmark Ambulatory Surgery Center as an example — and compete with Tuomey. In response, the government said Tuomey vastly overpaid the doctors, well beyond fair market value. In doing so, the government claims, Tuomey used a por-
SEE TUOMEY, PAGE A8
Jefferson drops out of elections director race
BLACK COWBOY FESTIVAL
Sharing the news of eternal salvation
BY ROBERT J. BAKER bbaker@theitem.com
W
hat is the difference between proselytization and evangelism? It’s the question that many in the military community are asking themselves in light of a recent statement issued from the U.S. Department of Defense reiterating its policies on religion neutrality. The policy was revisited recently when Mikey Weinstein, president of the Military Religious Freedom Foundation, asked the U.S. Air Force to punish those who do not heed a part of military code that bans religious proselytization. Policy dictates that a member of the military could face a court martial if he or she is too aggressive with faith-sharing efforts. Stirring the pot were several conservative bloggers who posted headlines such as “Pentagon Confirms They May Court Martial Soldiers Who Hold Christian Faith” — a very loose interpretation of a statement by a Department of Defense official after Weinstein’s April 23 meeting with officials. When the sensational headlines hit various social media websites, the outrage of those in the faith community were quickly apparent. A commentator inferred that the military will punish Christians for their faith from a quote from a Pentagon official. Cue the misleading headline and before you could blink, the blogs and Facebook statuses were aflutter with angry believers dead set against the idea of what they perceived to be religious persecution. While most of the anger should be directed at the poor reporting practices of some blogs, it does bring to light that the rules may lend themselves to
tion of their referral fees to pay the doctors, creating an illegal kickback. Because of this, the federal government is attempting to recoup every Medicare dollar paid to the hospital for procedures conducted by these doctors from 2005 to 2009. Tuomey’s lawyers have argued not only were the contracts legal and within fair market value, but also that
PHOTOS BY KEITH GEDAMKE / SPECIAL TO THE ITEM
Kisheaia Johnson, 11, talks with Prince “Fox Trail” Smalls about blacks’ role with the American Indians during the Black Cowboy, Man or Myth Festival on Saturday near Rembert. The event featured horse shows, children’s games, vendors and food.
pork crackMary Peay makes untry secCo ck Ba lings in the eenth annual tion of the sevent . festival on Saturday
Ryan Fant, 11, takes a pony ride at the festival.
Kitana Hudson, Shannon Willis and Faith Farmer from the Augusta Calvary Gateway International Church perform an interpretive dance.
Sumter’s elections chief said Tuesday that she has reconsidered her decision to run for a similar position in Richland County. Sumter Election Commission Director Patricia Jefferson said she sent a letter to the Richland County Election Commission during the weekend, bowing out of the running to lead an office JEFFERSON damaged by a lack of public confidence and continuing legal issues. “I resigned from the race for that position over the weekend due to personal reasons,” Jefferson said. The only remaining candidate for the position, formerly held by Lillian McBride, is Orangeburg County Election Commission Director Howard Jackson. The third candidate, Adam Ragan, told The State newspaper on Monday that he had decided over the weekend that the job wasn’t a “good fit.” Ragan, who is director of elections in Gaston County, N.C., said his decision had nothing to do with his lack of certification to conduct elections in North Carolina, a credential he wasn’t eligible to receive there until working in a county office for three years. Likewise, Jefferson said certification issues did not lead to her decision to drop out of contention for the office either. State Election Commission Director of Programs and Information Chris Whitmire said Monday that Jefferson had not renewed her certification in 2012. He said her last class was in 2011. “I’m not sure what the issue is,” Jefferson said. “I have all of my certification information. I have a letter talking about new certification classes for directors in August.”
SEE FAITH MATTERS, PAGE A10
SEE JEFFERSON, PAGE A10
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