From Deseret News archives:
Jan. 24 trial set in Goshute fund theft
Case severed from 3 others; they will face jury in late March
Sammy Blackbear was charged along with two other Goshutes, Marlinda Moon and Miranda Wash, and attorney Duncan Steadman, with one count each of theft from an Indian tribal organization and five counts each of bank fraud and aiding and abetting.
Blackbear's case has been severed from the others, with the remaining three defendants scheduled to go before a jury in late March.
Blackbear failed to appear for Monday's hearing, prompting U.S. District Judge Tena Campbell to consider issuing a warrant for his arrest. The judge said she would put off issuing the warrant until Tuesday, to allow defense attorney Michael Jaenish time to contact his client and make arrangements for Blackbear to appear before the court.
"I want to make sure that he's around and hasn't gone anywhere," Campbell said.
Jaenish said he has had difficulties contacting Blackbear, who lives on the Goshute reservation in Utah's west desert and is without transportation. He said he last spoke with his client shortly after a Dec. 3 hearing for which Blackbear also failed to appear, and at that time Blackbear expressed his desire that a new attorney be appointed to his case.
Without Blackbear present to express his concerns over reported communication problems, however, Campbell ordered Jaenish to remain on the case and prepare for trial at the end of the month.
Apparently spurred by division over the storage of nuclear waste on tribal lands, a splinter group opposed to storage held an illegitimate election in which Moon was named chairwoman, Blackbear vice chairman and Wash secretary. According to the December indictment, Steadman then notarized a certification of tribal election that was allegedly used to access some tribal bank accounts and open new ones, to which they allegedly transferred other tribal money.
Tribal chairman Leon D. Bear was charged in a separate indictment with two counts of theft from Indian tribal organizations, one count of theft concerning federally funded programs, and three counts of fraud and false statements. A jury trial in that case is scheduled to begin Feb. 22.
E-mail: awelling@desnews.com
