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Lawyer for W.Va. doctor's wife urges appeals court in Va. to toss obstruction convictions

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RICHMOND, Virginia — A West Virginia doctor's wife is asking a federal appeals court to throw out her convictions for obstructing an investigation into health care fraud by her husband.

A three-judge panel of the 4th U.S. Circuit Court of Appeals heard arguments in Josephine Adams' case Thursday in Richmond.

Adams was convicted in 2011 on 16 felony counts of conspiracy and obstruction and was given three years of probation. Her husband, Vienna osteopath Barton Adams, was convicted of health care fraud and tax evasion and was sentenced to 50 months in prison.

An attorney for Josephine Adams told the appeals court that the trial judge improperly barred her husband from testifying on her behalf. Barton Adams had been declared incompetent for trial five months before his wife's trial.

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