June 7, 2013

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Government collecting huge number of phone records. A6

HOLBROOK VS. ALMA MATER USC head coach leads Gamecocks into Chapel Hill super regional to tangle with top-ranked North Carolina

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VOL. 118, NO. 196 WWW.THEITEM.COM

FRIDAY, JUNE 7, 2013 | SUMTER, SOUTH CAROLINA

Tuomey asks for new trial

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Tri-county flooding possible with storm Kyle Richardson, 17, watches as another surfer rides a wave generated by Tropical Storm Andrea in Panama City Beach, Fla., on Thursday.

Hospital claims prosecutors misled jury BY BRADEN BUNCH bbunch@theitem.com Tuomey Healthcare System has requested U.S. District Judge Margaret B. Seymour either overturn a recent jury decision against the hospital or grant a new trial in its case with the federal government. Not doing so, the local hospital’s lawyers argue, “would be a grave injustice.” Last month, after a four-week trial at the Matthew Perry Federal Courthouse in Columbia, Tuomey was found guilty of violating both Stark Law and the False Claims

Act by collecting more than $39.3 million in fraudulent Medicare claims between 2005 and 2009. After adding fines and penalties that they said were both mandatory and the minimum possible under federal law, the U.S. Department of Justice recently filed a motion with Seymour, seeking $237,454,195 in damages. Tuomey’s request for either a new trial

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or a rejection of the jury’s verdict was filed late Wednesday night, part of several motions filed by the local hospital’s lawyers on the same day. As part of the other filings, Tuomey also said the $237 million the federal government is seeking in fines and penalties against the local hospital should be denied because they are unconstitutional, violating both its Fifth Amendment right to due process and its Eighth Amendment protection from cruel and unusual punishment. Federal prosecutors SEE TUOMEY, PAGE A10

Fatal fire case highlights substance abuse struggles BY BRISTOW MARCHANT bmarchant@theitem.com Law enforcement are awaiting the extradition of Joseph Manners from the state of Kentucky to face arson and murder charges in the deaths of his grandparents. The 20-year-old is accused of killing the couple by setting fire to their home at 1324 Barnwell Drive before fleeing the state. The death of Joann Topper was caused by MANNERS smoke inhalation, said Sumter County Coroner Harvin Bullock, but a toxicology report on James Topper is being prepared by the crime lab of the State Law Enforcement Division because Bullock questioned whether he might have died prior to the fire. That

report had not been completed by Thursday evening. The June 1 incident that killed the Toppers, and the circumstances surrounding their seemingly troubled grandson, might be uniquely tragic, but a network of community services and programs exist to prevent other troubling or even dangerous home situations from going as far as theirs did. While the motive for the fire remains under investigation, the suspect apparently had a drug problem, according to authorities. When sheriff’s deputies responded to the home May 23 for a report that Manners had assaulted his grandmother, he was reportedly found “in the backyard passed out because he had SEE FIRE, PAGE A7

James and Joann Topper died June 1 in a fire at 1324 Barnwell Drive, and law enforcement is awaiting extradition of their grandson Joseph Manners to face arson and murder charges in their deaths. PHOTO PROVIDED

Area will mostly get rain from system BY RANDY BURNS Special to The Item The first tropical storm of the Atlantic hurricane season will be felt in the tri-county area today with the potential for flooding, according to the National Weather Service Office in Columbia. The NWS office in Columbia issued a flood watch for much of central South Carolina including Sumter, Clarendon and Lee counties through tonight. “The eastern Midlands could see 2 to 3 inches of rain overnight Thursday and Friday,” said NWS Meteorologist Dave Schuetrum. “Many areas have already received quite a bit of rain this week, so the ground in many places is saturated. I would expect that some ditches and creeks will overflow. At this point, we are concerned but not sure about the rivers.” The exact impact of the tropical storm will depend on its track, but forecasters said the system is expected to move through the state this afternoon anywhere from the Piedmont to the Coast. The rain should move away later today, with some sun likely peeking through clouds later in the day, Schuetrum said. “I think you will see a break by 1 or

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2 p.m. Friday,” he said. Tropical force winds are expected along the coast but are not expected to be a factor in the Sumter area. “The wind should not be a problem,” Schuetrum said. “On Friday, you should have winds from the northeast about 15 to 20 mph. As the storm moves away later in the day, the winds will come from the southwest about 5 to 10 mph.” The tropical storm strengthened Thursday as it headed toward Florida’s western coast, bringing drenching rain to much of the state. The storm had also spawned several tornadoes, according to AccuWeather meteorologist Alex Sosnowski. “As much as 4 to 7 inches of rain is possible from Andrea across much of northern Florida over the next couple of days,” he said. Flood watches have been posted for much of Florida, Georgia and the Carolinas. The center of Andrea was expected to reach the Big Bend area of Florida’s coast on Thursday afternoon, then move across southeastern Georgia, and over southeastern South Carolina and eastern North Carolina. It was expected to bring foul weather to those parts of Georgia and the Carolinas by SEE STORM, PAGE A10

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Rain from Andrea in the morning; storms tonight HIGH: 86 LOW: 70 A10

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