One charge dismissed against Bear

Attorneys for the embattled leader of the Skull Valley Band of Goshutes succeeded Wednesday in convincing a federal judge that one of the six criminal charges levied against Leon D. Bear should be dismissed.

They failed, however, to persuade U.S. District Judge Bruce Jenkins to throw out Bear's statements about payments he has received from the tribe and records from the tribe and outside entities that related to the Goshute chairman.

The rulings followed a nearly 2 1/2-hour hearing in preparation for trial in the case. Jenkins continued the jury trial, once scheduled to begin Feb. 22, until April 18.

Bear was charged in December 2003 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.

Federal prosecutors maintain that between December 1998 and February 1999, the tribal leader stole or misapplied funds from the Tapai Project Office, a South Salt Lake economic-development arm of the Skull Valley Band. A grand jury indictment alleges Bear took $154,651.91, accounting for the two charges of theft from Indian tribal organizations.

On Wednesday, Jenkins dismissed the first theft count, finding the underlying conduct as outlined in court documents is also contained in the second charge. But the judge found Bear's statements to investigators that he has received payments from the tribe for dividends and stipends paid to all tribal members as well as reimbursement for travel expenses permissible for introduction at trial.

Jenkins also ruled that a federal magistrate properly issued a challenged search warrant in the case. The search warrant and accompanying affidavit are sealed court records. However, Jenkins indicated the warrant sought records from the tribe or its "affiliate" that are related to Bear, but that are not his property.

David Williams, a special agent from the U.S. Department of the Interior, testified Thursday that investigators were looking into allegations that Bear had embezzled money from the tribe and had been "corruptly influenced" by Private Fuel Storage.

In 1997, Bear signed a lease agreement with PFS, a consortium of utility companies seeking to store nuclear waste temporarily on the reservation. The decision divided the tribe, with a strong faction of members opposed to the storage plan and Bear's continued control over the tribe.

In a separate, but related, case, three other members of the Skull Valley Band and their attorney face federal charges of theft from Indian tribal organizations and bank fraud.

Sammy Blackbear, Marlinda Moon and Miranda Wash are members of the faction opposed to Bear and are accused, along with attorney Duncan Steadman, of using an unofficial election to gain access to tribal funds. -->Each faces one count of theft from an Indian tribal organization and five counts of bank fraud and aiding and abetting. That case is scheduled to go before a jury in late March.

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E-mail: awelling@desnews.com