August cites financial hardship
By Kimberly Wear The Times-Standard
Wednesday, May 25, 2005 - 6:14:06 AM PST
A judge denied Debi August's request for a court-appointed attorney after the embattled Fortuna city councilwoman cited a fiscal hardship in the conflict-of-interest case against her.
August's attorney, William Bragg, asked to become her court-appointed representative Tuesday, saying the estimated length of the conflict-of-interest trial would be a hardship for her. Bragg said she had already considered a possible resolution to the case a day earlier out of monetary concerns.
Judge John Feeney denied the request for the time being, saying he would consider it again but asking to see some points and authorities on the subject.
He also imposed a gag order and went over the potential witness list with attorneys.
Bragg's request to become August's appointed counsel came as he, prosecutor Tim Stoen and Feeney were discussing how to question potential jurors in the Fortuna councilwoman's accusation case. Her attorneys have previously said August has spent $75,000 on her defense.
"This is causing a financial hardship," Bragg said, suggesting the prosecution was trying to drag out the case to get August to settle.
August, a real estate broker, is accused of a conflict of interest for advocating on behalf of a friend's subdivision. She faces removal from office under a 100-year-old, rarely used accusation proceeding. Her term ends in April 2006.
If Bragg were to become August's appointed counsel, he would be reimbursed for his attorney's fees.
Stoen responded that he has not been happy with the delays in the case and that burden was on the defense.
One of Bragg's concerns was the time allotted for the jury pool to fill out questionnaires and the voir dire process, which Stoen said was necessary because the case has "saturated the county in terms of publicity."
That also led to Stoen's request for a gag order, which Feeney granted.
The order applies to attorneys, witnesses, law enforcement officials, court employees and others, preventing them from making comments to the press about the case except for factual information.
In other developments, attorneys and Feeney tried to set down a road map for the trial, going over the potential witness list, their estimated length of testimony and various commitments by the attorneys and Feeney.
Stoen said he will not be able to make it to court June 14, when he heads to Mendocino County to interview for the position of county counsel.
Stoen, who is asking Mendocino to change his interview time and offered to make other arrangements, was recently recruited to apply for the post by a former boss.
"This case is more important to me," he said.
Each of the Fortuna City Council members is on the witness list, as are planning commissioners, the city manager, the city planner and former city employees.
The trial proceedings will continue in court today.
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