News and Opinion from Sisters, Oregon
News and Opinion from Sisters, Oregon
Although acquitted of manslaughter and negligence charges after the longest and most expensive jury trial in the history of Oregon, Dennis and Diane Nason have filed for a new trial on the charges of forgery and racketeering of which they were found guilty on November 22.
According to David Glenn, attorney for Diane Nason, the motions contend that there was insufficient evidence for a guilty verdict on the forgery charges, and if the forgery charges do not hold up the racketeering charge must be dismissed as well.
Valerie Wright, Dennis Nason's attorney, said that there was never any evidence presented that Dennis forged any documents, nor that he "uttered" the forgery when delivering children to the Hope House, a home for children in Idaho.
Wright said she was concerned that people would think the Nasons were "glib about the verdict of acquittal" on the manslaughter and abuse charges, which is not the case, she said.
"Just being out from under the charges of child abuse is a wonderful relief," Wright said. But still, the evidence does not support the forgery verdict, and she felt it was important to request a new trial.
She also contends that if the forgery was uttered in Idaho, it was beyond the reach of an Oregon grand jury to return an indictment.
The lawyers also hold that the wording of the original indictment on the forgery charges was flawed.
"The indictment said the forgeries `might' have affected a legal matter, i.e., the custody of a child," Glenn told The Nugget. "Where is the intent to defraud?" Glenn asked.
Glenn added that he also filed the motions for a new trial on November 29 "to protect the record," in case the Nasons decide to appeal the guilty verdict or sentence, which is due to be delivered on February 6.
The Nasons have 30 days to appeal the verdict or judgment after the verdict is signed by the judge, Glenn said. If it is appealed, Glenn said the lawyers could face questions about why they did not file for a new trial if they felt the evidence was legally insufficient to find the Nasons guilty of the forgery charges.
"Motions like these are not uncommon but they are also not commonly granted," Glenn said.
According to attorney Wright, prosecutor Mike Dugan has requested additional time to respond to the motions for a new trial. Dugan could not be reached for comment.
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