Attorneys work to get Durham out of jail

INDIANAPOLIS (WISH) - Monday will be another big day in court for all three defendants, Tim Durham, James Cochran and Rick Snow, found guilty of fraud in the Fair Finance collapse.

Attorneys for the now convicted felons will work to get them out of jail and on home detention. But an Ohio couple who lost hundreds of thousands of dollars hopes the three stay in jail.

Once Tim Durham's view was a window on the Hollywood Hills. Now it's a window on Alabama street from the Marion County jail.

"I'm disappointed that we, that I was not more effective in communicating our position to the jury," says John Tompkins, Durham's attorney.

Tompkins says he will appeal Durham's conviction on 12 felony and conspiracy charges, all the way to the U.S. Supreme Court if necessary.

But his first step is to get Durham out of the Marion County Jail and back on home detention, even though prosecutors fear Durham is a flight risk. "He is not going to flee because of his moral commitment to the system. But he's also not going to flee because he simply wouldn't have the means even if he wanted to," says Tompkins.

But two of those among the 5-thousand investors in Akron Ohio based Fair Finance who lost more than $200 million dollars while Durham and co-defendants Jim Cochran and Rick Snow were living the good life, want to keep the men locked up.

"I think he ought to," says Harley Himes, who is 85 years old. "I had money, my wife had money, and I had a family trust too that had money. All together we had over 300-thousand," says Himes.

Margaret Himes, Harley's wife is 77. Guilty was the word she wanted to hear. "It was kind of a relief, you know to know that the truth actually came out that's how I felt," she says.

People need to be accountable for their actions says Margaret and decades in jail she says is what Durham deserves. "At least he's not being just let go and continue doing the same thing over and over again."

Harley Himes was a long time investor in Fair Finance, and had always gotten his interest and money.

So he continued investing when Durham and Cochran bought the company.

But this time he and his wife lost all of their savings. They say they are surviving.

Durham, Cochran and Snow will be back in Federal court Monday morning for a detention hearing.