From Deseret News archives:
Witnesses say they helped write threat to prosecutor
On the second day of a three-day trial, a federal judge ruled the government lacked sufficient evidence to prove that Rakes was actually the one who mailed the letter and ordered one of two counts against the former white-supremacist prison gang member dismissed.
During testimony Wednesday, several former friends of Rakes testified that they met at his Salt Lake apartment in February 2004 to write the letter because they were angry that federal prosecutors were charging about a dozen inmates with violating federal racketeering laws.
According to the FBI, the letter was one of several the U.S. Attorney's Office received around that time, making threats over the office's prosecution of members of the Soldiers of Aryan Culture. Agents say some letters contained home addresses of federal prosecutors along with lists of times and dates that appear to have been times when prosecutors were subjected to "surveillance" by SAC members.
On Feb. 28, the U.S. Attorney's Office received a letter that stated "You stupid (expletive)! It is because of you that my brothers are in jail for the Rico . . . we will get you," and signed, "til the casket drops."
April Dowding, a 32-year-old self-confessed methamphetamine addict, testified she, Rakes and others were "heavily using meth" at the time when Rakes told her to start writing the letter. She also said she is a former sister-in-law to SAC founders and brothers Steve Mark Swena and Tracy David Swena.
Dowding said she wrote six to seven drafts of the letter but never mailed any of them. After later leaving the letters at a friend's house, she found that Rakes had taken them.
Tracy Swena, flown in from a federal penitentiary, testified that although he considers Dowding a sister, she is known to not tell the truth and told the jury not to believe what she says. Swena is serving 20 years for racketeering violations.
Laura Scott, another confessed meth addict and a former roommate of Rakes', testified that Rakes had given her a list of some 20 names to research at a Sugar House library to get dates of birth and home addresses. Among those names, Scott said, was the name of the federal prosecutor. A former student at Westminster College who says she was one credit shy of her psychology degree when she became hooked on methamphetamine, Scott said it was relatively simple to find address information using a stolen credit card to pay an online service. Scott is now serving time in prison for five forgery convictions and a parole violation.
After testimony, Rakes' attorney, Jeremy Delicino, moved to have the count of mailing a threatening communication dropped. Delicino said federal law requires evidence that Rakes actually mailed the letter. U.S. District Judge Ted Stewart agreed and ordered the count dismissed.
Rakes still remains charged with one count of conspiracy to impede an officer. The trial is expected to go to the jury for deliberation Thursday.
E-mail: gfattah@desnews.com
