Racketeering Charge Won’T Be Dismissed

Sun., Jan. 16, 2000

From Staff

The criminal case against three pawn shop owners charged with racketeering will not be dismissed despite a flawed indictment process, a judge has ruled.

Steven Taulbee and his sons, Jason and Matthew Taulbee, will go to trial on racketeering and money laundering. They were accused of selling items they knew to be stolen from Lewiston-area stores by a ring of heroin addicts.

The Taulbees’ attorney, Scott Chapman, filed a motion in November asking 2nd District Judge Ron Schilling to dismiss the case because of prosecutorial misconduct. Nez Perce County Prosecutor Jamie Shropshire made several mistakes during the grand jury process, so the Taulbees were unfairly indicted, Chapman charged.

In his ruling, Schilling acknowledged problems with the grand jury, but added the prosecution provided enough evidence to support a finding that a crime probably occurred.

He reviewed three Idaho cases dealing with troubled grand jury indictments. In each, the state Supreme Court held that when there was enough evidence to sustain an indictment, improperly admitted hearsay evidence cannot overturn it.

In his motion to dismiss, Chapman contended Shropshire improperly allowed a police officer to testify about the effect a racketeering ring would have on the community, and another officer to state that two of the Taulbees had invoked their right to silence when questioned by police.

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