Bail-Jumping Charge Dismissed Defense Attorney Gets Reprieve From Testifying Against Client

Sat., Jan. 21, 1995

By Bill Morlin billm@spokesman.com

A federal judge, questioning a last-minute legal maneuver by the Justice Department, is dismissing a bail-jumping charge against an accused drug dealer.

The ruling Friday by U.S. District Judge Frem Nielsen eliminates, at least for now, the prospect that prosecutors would force defense attorney Mary Schultz to testify against her client, Steven Hell.

Assistant U.S. Attorney Greg Shogren subpoenaed Schultz, contending he needed her to testify next week whether she told Hell when to be in court for a pre-trial hearing.

Schultz argued that testifying would violate attorney-client privilege.

The 35-year-old Snohomish, Wash., man failed to show up for a Jan. 7, 1993, pre-trial conference in Spokane. In August of that year he was indicted on a charge of failing to appear in court to face charge of growing marijuana.

Schultz’s attorney, Pat Stiley, tried unsuccessfully on Thursday to have Nielsen stop Schultz from testifying.

Stiley argued that the indictment against Hell appeared faulty because it only accused him of failing to show up for a pre-trial conference.

Court rules say defendants must show up for trial, but don’t have to attend pre-trial conferences.

“I think that he may be right,” Shogren said in court on Friday. He asked the judge to dismiss the indictment against Hell, but wanted to reserve the right to refile the charge later.

Prior to Nielsen’s ruling, Shogren had said he planned to take the case back to a federal grand jury and seek a two-count indictment, accusing Hell of failure to show up for the pre-trial conference and the trial.

Schultz would be subpoenaed to testify in the secret grand jury session, Shogren said.

“I’m concerned that you’re piling on,” Nielsen said Friday. “Is it necessary?”

Nielsen dismissed the bail-jumping charge with prejudice, meaning prosecutors can’t refile the charge of failing to appear at the pre-trial conference.

However, prosecutors still could charge Hell with failure to appear at the trial.

“It’s too early to say what we’ll do,” said U.S. Attorney Jim Connelly.

Hell remains in jail without bond awaiting a trial on a 52-count drug dealing indictment. That case is stalled by pre-trial appeals dealing with seizure of his assets.

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