Ex-union treasurer seeks sentence delay

Former Washington Teachers’ Union Treasurer James O. Baxter says he isn’t healthy enough to start serving Thursday a 10-year prison sentence for embezzling dues from public school teachers.

Citing a painful neck injury, Baxter is seeking a postponement of at least one month before he must report to prison, according to records filed yesterday in federal court in the District.

Baxter’s attorney says the 52-year-old needs medical treatment and perhaps surgery, according to the documents.

“It is certainly better that he receive the necessary treatment for his condition from private physicians rather than at the expense of the [Federal] Bureau of Prisons,” said Elmer D. Ellis, the attorney.

Medical files attached to the motion indicate the neck injury may have been triggered by exertion from yard work and swimming.

Baxter had been ordered to surrender by 2 p.m. Thursday at the Federal Correctional Institution in Petersburg, Va., a low-security prison located about 25 miles southeast of Richmond.

A spokesman for the U.S. attorney’s office said yesterday that prosecutors were studying the motion.

Baxter’s request comes less than two weeks after Judge Richard J. Leon on Aug. 10 rejected a motion to allow Baxter to remain free pending appeal.

Baxter was convicted nearly a year ago in the embezzlement scandal in which union officials stole nearly $5 million in dues, which they spent on custom-made clothes, sterling silver, limousine service and sporting events.

Co-defendant Gwendolyn M. Hemphill, a former union office manager, reported to federal prison in Connecticut last month to begin serving an 11-year sentence.

Former union President Barbara A. Bullock is scheduled to be resentenced next month. She originally was sentenced to more than nine years after taking a plea deal. Prosecutors are seeking to reduce the term by two years because of her cooperation in testifying against Hemphill and Baxter.

Baxter’s attorney said in his court pleading that his client is willing to be subjected to examinations by government physicians to verify his injury.