By PETER HUSSMANN
A federal court in Des Moines is being asked to overturn the conviction of Dr. Angel Martin on 31 counts of health care fraud or in the alternative grant the Newton doctor a new trial.
A motion filed Friday by the Federal Public Defender's Office states that a judgment of acquittal is in order, or at least grounds for a new trial, because "there was insufficient evidence for a rational jury to find beyond reasonable doubt that all of the elements of the charged offenses were established."
Dr. Martin was charged by federal prosecutors last April with felony federal health care fraud following an indictment by a grand jury over allegations of "upcoding" surgical consultations. He was found guilty on all the charges following his trial in January. He currently awaits sentencing.
In the motion, Joseph Herrold, the public defender representing Dr. Martin, argues that there was "insufficient evidence supporting allegations" that Dr. Martin purposefully "upcoded" claims filed with a variety of health insurance providers "or that he acted with intent to defraud" those providers.
"He denied any intent to defraud, and explained in his testimony why he submitted the codes and thought they were appropriate," the motion states.
In asking that the court acquit Dr. Martin on all counts, the public defender states the government "presented insufficient evidence for a rational trier of facts to find the defendant guilty of those counts beyond a reasonable doubt."
Should the court deny the motion to acquit, the public defender is asking for a new trial "on the grounds that the jury's verdict on the counts charged against him was against the weight of the evidence."
A preliminary presentence investigation report has been filed in the case. No date for sentencing has been set.
Last month, the Skiff Medical Center Board of Directors approved Dr. Martin's request for a leave of absence from his hospital privileges.
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