Lawyers may query grand jury about bias

MOSCOW, Idaho – A 2nd District Court judge has ruled that members of a grand jury may be questioned about any racial bias they may have had toward defendants in a perjury case connected to a murder investigation.

Judge John Stegner said lawyers for four of the six people originally indicted for perjury had sufficient evidence to show that jurors may have decided to indict because the defendants are black.

The case revolves around the September slaying of 19-year-old Eric McMillan, a football player at the University of Idaho. Brothers Matthew R. Wells II, 27, and James Wells, 25, both of Seattle, have been charged with first-degree murder and conspiracy, accused of shooting McMillan.

Their nephew, 23-year-old Thomas Riggins of Kent, Wash., is charged with being a principal to murder and with conspiracy.

Six of the witnesses called to testify during the grand jury investigation – most of them part of the Wells family – were charged with perjury, although charges have since been dropped against one of them.

Aaron Wells, 23, of Pullman, is charged with being an accessory to murder and perjury. Father Matthew R. Wells Sr., of Seattle, is also charged with perjury, along with Emmanuel Ray Wells of Fircrest, Wash.; Mashere Harrison-Wells of Fircrest; and Aaron’s girlfriend, Angela C. Brown of Pullman.

A perjury charge against Anthony Lafar Wells of SeaTac, Wash., was dropped for lack of evidence.

The defense argued last month that several statements in the grand jury transcripts suggested jurors may have voted in favor of the indictments because the defendants are black.

Stegner decided Wednesday that prosecutors and lawyers for Brown, Harrison-Wells, Emmanuel Wells and Wells Sr. may prepare questions to determine whether the jurors were biased and said that he would ask the jurors the questions.

Harrison-Wells’ attorney, Mark Moorer, said he was pleased with Stegner’s ruling.

“The order speaks for itself in that the court indicated good cause appears for questioning the panel,” Moorer said. “We have filed a motion to dismiss the indictment because we believe there already is sufficient evidence showing in the grand jury transcript there was bias against the defendant.”

Latah County Prosecuting Attorney Bill Thompson said he couldn’t comment on Stegner’s ruling because Deputy Prosecutor Scott James from the state attorney general’s office has taken over prosecution of the perjury cases.

Attorney general’s office spokesman Bob Cooper said James was out of town and had not reviewed the ruling.

The prosecution and defense have six days to submit the names of jurors they wish to question, why they wish to question them and the questions they wish to ask.

Stegner has ordered that documents and other information about the grand jury not be released to the public.

Meanwhile, attorneys for Brown and Wells Sr. filed motions last week to dismiss the perjury charges against their clients.