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King Attorneys Ask Dismissal Of Charges - Apr 10, 1990 - Omaha World-Herald

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Apr 10, 1990 King Attorneys Ask Dismissal Of Charges; [Sunrise Edition] Omaha World - Herald. Omaha, Neb. pg. 10

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(Copyright 1990 Omaha World-Herald Company)

Lawrence E. King Jr.'s defense attorneys asked Monday that the charges against him be dismissed because the indictment containing allegations is faulty.

King is accused of 40 counts of conspiracy, fraud and federal income tax evasion, all growing from the disappearance of $39 million from the treasury of the failed Franklin Community Federal Credit Union, for which King was treasurer-manager.

Court-appointed defense attorneys Steven Achelpohl and Marilyn Abbott said the indictment alleges a conspiracy going back to 1976, but the document fails to allege any specific actions by King before May 15, 1983.

The defense attorneys also contend that the legal time limit for one charge expired before the charge was filed in court. They referred to one count that alleges King filed a false income tax report May 16, 1983.

Other counts in the indictment duplicate each other, making the document defective, the defense attorneys said.

U.S. Magistrate Richard Kopf has not set a date to hear arguments over the attack on the indictment.

Achelpohl and Ms. Abbott also said they may file six other motions dealing with the case, and King, now being treated at the U.S. Medical Facility in Rochester, Minn., may want to add other motions to the list. King has been judged mentally incompetent to stand trial. He will be evaluated again in about four months to determine whether he is able to assist in his own defense so the trial can proceed.

King's wife, Alice, asked last week that she be given a separate trial from her husband. She said his hospitalization would cause an "indefinite" delay of her trial on 12 criminal charges.

Kopf said he will hear arguments on that request April 19.

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