Prosecutor Lands Help In Fbi Sniper Case Controversial L.A. Lawyer Specializes In Police Brutality Cases

To help prosecute FBI sniper Lon Horiuchi, Boundary County officials have paid $1 to hire a Los Angeles lawyer who specializes in police brutality cases.

Stephen Yagman was sworn in Wednesday as a special prosecutor to assist Boundary County Prosecutor Denise Woodbury.

In August, Woodbury charged Horiuchi with involuntary manslaughter for shooting white separatist Randy Weaver’s wife, Vicki, during the 1992 Ruby Ridge standoff.

“My understanding is that he (Yagman) contacted Woodbury and offered his services,” said Boundary County Commissioner Murleen Skeen. “I think we can afford this one,” she added, referring to Yagman’s $1 fee.

Woodbury met with commissioners in a closed-door meeting Tuesday to request Yagman’s appointment. He is one of the most successful civil-rights attorneys in California, dealing mostly with police brutality cases.

He’s been called the “Bad Boy of the Federal Courthouse” and has had a controversial career.

In 1989 he was suspended from practice for six months by the State Bar of California after a series of disputes with former clients. In 1994 he also faced a two-year suspension from practicing in Los Angeles federal court for criticizing a district judge and accusing him of anti-Semitism.

Woodbury was unavailable Wednesday to comment on Yagman’s appointment.

Commissioner Skeen said she could not divulge what was discussed in the executive session held to hire Yagman. But it was clear, she said, that Woodbury wanted some expert assistance in the Horiuchi case.

Woodbury has been prosecutor for only 10 months. If Horiuchi does stand trial, Woodbury will be up against veteran attorneys provided for Horiuchi by the federal government.

Although Horiuchi was charged in Boundary County, he never has appeared in court there. His lawyers already have requested the case be moved to federal court in Boise, and they are expected to ask a judge to dismiss the case altogether.

In court documents, Horiuchi’s lawyers say he’s immune from prosecution because he was doing his duty as a government agent when he shot and killed Vicki Weaver.

U.S. Attorney General Janet Reno is being urged by advisers to side with Horiuchi and his lawyers to aid in his defense.

The charge against Horiuchi stems from a gun battle that erupted at Ruby Ridge in August 1992. Federal agents were spotted doing surveillance near Randy Weaver’s cabin.

Deputy U.S. Marshal William Degan was killed in the ensuing shootout, as was Weaver’s son, Sam.

Later, Weaver’s friend Kevin Harris was wounded by Horiuchi, but the bullet passed through him and struck Vicki Weaver.

The FBI sniper had orders to shoot any armed adult outside the cabin. He was firing at Harris after he saw him aim a weapon at a helicopter carrying other agents, Horiuchi’s lawyers said.

When Harris ran back to the cabin, Horiuchi fired another shot as Harris reached the door. Vicki Weaver was standing behind the door, holding it open for Harris and her husband when she was killed.

The standoff ended after 11 days. Weaver and Harris were tried for murder and acquitted by a federal jury.

Woodbury filed a state murder charge against Harris this August, five years after the shootout. A judge dismissed the case, saying Harris could not be tried twice for the same crime.

Woodbury has until today to appeal the judge’s decision.

She has sought advice from several Idaho prosecutors on whether to file the appeal or instead concentate on Horiuchi’s case.

A preliminary hearing for Lon Horiuchi is scheduled for Dec. 16.

, DataTimes