November 03, 2010 06:50:55 GMT
A U.S. District Court judge granted the star a retrial hearing and Judge Hodges has scheduled an appeal hearing on November 15.
"Blade" star Wesley Snipes is fighting to take his tax trial to Florida, insisting he did not receive a fair ruling when he was found guilty of failing to file returns, and sentenced to serve three years behind bars. Snipes, who is free on bail pending an appeal, has asked U.S. District Court Judge William Terrell Hodges in Ocala to retry his case, arguing jurors in his original trial were biased against him.
His attorneys have stated they received emails from two jurors who claim that three other members of the jury had made up their minds about the actor before the trial began in 2008. Snipes and his legal team also allege the verdict was tainted because the jury was not informed that his former accountant, Kenneth Starr - a key witness against him - was being investigated for engaging in "criminal activities of conspiring to evade income taxes" with another client.
Snipes' lawyer has argued the jury should have known about Starr's investigation. Judge Hodges has scheduled an appeal hearing on November 15. The star lost an appeal against his three-year jail sentence in July. He was due to surrender to authorities to begin his stint behind bars on September 2 but a U.S. District Court judge granted him a postponement.