Specialist To Organize Evidence In Freemen Case Adviser Is Skilled In Computers; Attempts By Freemen Supporters To File Papers Rejected

A technical adviser skilled in computers has been appointed to help organize the massive information obtained by the federal government against the Montana freemen, both to assist prosecutors and ensure the defense has access to it.

U.S. District Judge James Burns of Portland said in his order that he is aware of the overwhelming task in store for the defense.

He said the enormity of the task may not be apparent yet, but there are numerous large cartons of tapes, compact discs and logs involving “wire, electronic and/or microphone interceptions that were more or less continuous from July 26, 1995, to June 13, 1996.”

“I cannot estimate how many thousands of pages would be produced if all tapes, compact disks, etc., were transcribed,” he said.

As of July 28, the federal government had identified 228,000 documents, 43,000 computer files and about 675 hours of “pertinent interceptions” as items involved so far in the discovery phase of the case, according to a report filed in court.

The government also said it is continuing to identify the extent of other items. Many of the items seized during the investigation include firearms, video cassettes and cassette tapes.

The report filed by the U.S. Attorney Sherry Matteucci said most of the documents represented items seized from a moving truck the defendants packed with their belongings the day they surrendered; from the search of defendants William and Agnes Stanton’s home April 17; and from the search of the foreclosed Clark family farm near Jordan.

That was where the freemen were locked in an 81-day standoff with the FBI.

The case involves 24 defendants who either are part of the anti-government freemen movement, which does not recognize the authority of the federal government, or have been associated with it. Some defendants face numerous charges including conspiracy, mail and bank fraud, armed robbery, threatening to kill a federal judge and firearms violation. Others are accused of aiding the freemen to avoid arrest during the standoff.

Burns, who is the presiding judge for the pre-trial phase, recently appointed Tiz Gasperina of TM Computer Systems in Portland to organize the material, at a rate of $75 an hour.

U.S. District Judge Charles Lovell of Helena has been named to preside over the trial. No trial date has been set.

Meanwhile, attempts by freemen supporters to file papers in federal court on behalf of those facing criminal charges are being rejected.

Burns called one set of papers “bunkum” and ordered them stricken.

U.S. Magistrate Richard Anderson, who conducted arraignments for those charged, also has ordered documents filed by freemen associates removed, with further instructions to return any future documents.

Warren Stone of Belgrade, a friend of freeman LeRoy Schweitzer, was undeterred by the court’s rejection.

Stone filed documents in the 9th U.S. Circuit Court of Appeals seeking the release of Schweitzer and others, arguing that the federal government has no jurisdiction and that federal statutes do not apply to “American Nationals.” He submitted a signature-ready order authorizing their release.

The 9th Circuit in San Francisco answered Stone’s petition, saying: “All pending motions are denied as moot. No motions for reconsideration, rehearing, clarification, stay of mandate, or any other submissions shall be filed or entertained in this closed document.”

Burns said further attempts by Stone to file such material might subject him to a contempt of court charge.

Others who have attempted to file documents on behalf of the freemen have had their papers returned with a copy of Burns’ order.