The attorney for a Snowville man charged with kidnapping and sexually abusing a Deweyville girl in 1987 has asked 1st District Judge Gordon Low to release to him evidence from a Washington state man's trial.

Attorney Don Sharp, representing Thomas C. Headley, said that evidence used against Frank James Harvey, 46, of Elma, Wash., still is locked away from him.Harvey was convicted in the same case two years ago, but was released from prison last year after serving four months of a 16-year term. All charges against him were dismissed when Headley emerged as a new suspect in the March 24, 1987, kidnapping.

Sharp told Low on Monday that he intended to defend Headley essentially by retrying Harvey, and that he would need the evidence from Harvey's trial to conduct his case.

The evidence, including Harvey's vehicle, remains locked away and under court jurisdiction.

Headley's trial is scheduled for May 15-19 in 1st District Court in Logan.

Sharp served a subpoena against the court, which is holding the evidence, in order to get access to the property.

Harvey's attorney, Ed Havas, of Salt Lake City, told Low that the evidence belongs to Harvey and should be returned to him.

Low questioned the authority of the court to hold Harvey's property in the first place. However, pending the outcome of the subpoena and other court actions, he refused to release the property to anyone at this time.