King Lawyers Seek Documents' Suppression - Apr 7, 1990 - Omaha World-Herald
Not for commercial use. Solely to be used for educational purposes
Apr 7, 1990 King Lawyers Seek Documents' Suppression; [Sunrise Edition] David Thompson. Omaha World - Herald. Omaha, Neb. pg. 2
Full Text (605 words)
(Copyright 1990 Omaha World-Herald Company)
Defense attorneys for Lawrence E. King Jr. asked Friday that a federal judge suppress documents seized by investigators during raids in 1988 on the Franklin Community Federal Credit Union and its affiliate, Consumer Services Organization.
In the documents filed with the U.S. District Court clerk, attorneys Steven Achelpohl and Marilyn Abbott did not specify their reasons for asking for suppression of documents seized from the credit union office, 1723 N. 33rd St., and Consumer Services, 2505 N. 24th St., Nov. 4 and Nov. 14, 1988.
They said they were giving a federal magistrate a written argument supporting their request, but the document is not part of the court filing.
Achelpohl and Ms. Abbott also asked the judge to suppress statements King made to the Internal Revenue Service on Nov. 23, 1988, and April 25, 1989, and two depositions he gave in a civil lawsuit filed against him by the National Credit Union Administration.
The defense attorneys asked, too, for a ruling prohibiting use of a cassette tape recording that King dictated to Mary Jane Harvey instructing her to prepare false documents to verify non-existent grants from Presbyterian church organizations.
They asked that the government be prohibited from using the documents, statements, depositions and tape recordings in King's trial on criminal charges growing out of the collapse of Franklin.
King, 45, faces trial on 40 counts of conspiracy, fraud and federal income tax evasion growing from the disappearance of $39 million from the Franklin treasury. His wife, Alice, faces 12 counts of conspiracy and fraud.
The trial is on hold while King undergoes mental health treatment at the U.S. Medical Facility at Rochester, Minn. He has been judged incompetent to stand trial and will be evaluated again in four months to determine whether he has regained competency.
A room in the Zorinsky Federal Building holds approximately 90 boxes of records, and U.S. Magistrate Richard Kopf said in a document he issued last June that approximately "three truckloads of records" were taken to another location.
Achelpohl and Ms. Abbott said they are seeking suppression of King's statements to the IRS and National Credit Union Administration because they "were given to governmental authorities involuntarily, unknowingly and unintelligently" and in violation of King's constitutional right against self incrimination and right to a fair trial.
The cassette tape that King's attorneys referred to was one allegedly made between Aug. 5 and Aug. 15, 1988, in which he asked Mrs. Harvey to prepare documents showing that Consumer Services Organization received grants from the Presbytery of Missouri River Valley and other Presbyterian organizations. CSO did not receive any such grants, according to the federal grand jury indictment of King and his wife.
The defense attorneys contend that Mrs. Harvey, now a government witness against King, was in "sole control and possession" of the tape for four months. King does not believe that the tape "is authentic, correct or free from alteration," Achelpohl and Ms. Abbott said.
Mrs. Harvey pleaded guilty last June to charges of embezzlement and tax evasion connected to the disappearance of $1 million from Franklin's treasury. She is the mother of E. Thomas Harvey Jr., Franklin's chief accountant when the credit union collapsed, and she helped King form Consumer Services Organization.
Mrs. Harvey and her son, who also pleaded guilty as part of a plea bargain with federal prosecutors, are awaiting sentencing in federal court.
In another document filed Friday, King's attorneys also asked a federal judge to order prosecutors to turn over plea agreements, documents and information obtained through wiretapping or electronic eavesdropping that might tend to clear King from blame in the case.Credit: World-Herald Staff Writer