Judge considers Dasen evidence

A hearing on suppressing the evidence in the Dick Dasen Sr. prostitution case took all day Monday, demonstrating its volume and density.

If defense attorney George Best has his way, District Judge Stewart Stadler will rule that virtually all of the evidence is inadmissible.

Stadler will have to decide whether most evidence should be suppressed - including financial records, photos, witness statements, and Dasen's statements to police - whether the entire case should be dismissed because of a lack of speedy trial, and, if a trial is held, whether it should be moved out of Flathead County or a jury imported because of publicity.

Before the hearing on motions began, Dasen pleaded innocent to one misdemeanor and nine felony counts of prostitution. He has already asserted his innocence on felony charges of promotion of prostitution, aggravated promotion of prostitution, sexual intercourse without consent and sexual abuse of children. His case is set for trial on Jan. 24.

Kalispell police believe that Dasen, 62, has paid millions of dollars for sex in the past 20 years.

Monday's hearing began with Best's argument that evidence gathered at Dasen's home and two businesses is tainted by search warrants he says were unconstitutional.

Prosecutors have admitted that defective warrants were served at Dasen's home, at Peak Development, Inc., and at Budget Finance in February. The warrants did not properly contain particulars about what items should be seized. That information was in the search-warrant application and not attached to the warrants when they were served.

Police returned items seized after an attorney for Budget Finance challenged their legality. But the items were almost immediately reseized under the authority of new search warrants signed by a judge in March.

Best argues that the second warrants were unconstitutional. He called witnesses who questioned whether the warrants were physically handed to anyone at the three locations and whether police excluded the Dasens and their attorney at their home, and employees at the businesses, from being present during the search.

Prosecuting Deputy County Attorney Dan Guzynski said Best was raising "a whole new issue" not contained in the motions Stadler is considering when Best questioned whether the warrants were properly handed to someone and who was there to observe the searches.

In another motion to suppress, Best argued that a recording made by Ron Clem at Dasen's house should be inadmissible. Clem, an acquaintance of Dasen's, was concerned about his safety when Dasen called Clem and asked him to meet with him, according to Detective Sgt. Roger Nasset with the Kalispell Police Department.

In May, police hid a recording device on Clem when he went to Dasen's house, and parked in a neighbor's driveway during the meeting. Police want to use what Dasen told Clem. Best argues that because only 40 minutes of the 90-minute meeting was recorded, it should be suppressed.

So should statements Dasen made to police after he was arrested in a sting at a Kalispell motel, Best says. He maintains that police "threatened, tricked or cajoled" Dasen into answering their questions.

Nasset testified that Dasen signed a waiver of his Miranda rights and was "very willing to talk" and to give a DNA sample.

Best also says that tapes, CDs and written transcripts of witnesses in the case are inaudible, inaccurate, or censored enough to be unreliable.

Nasset testified that new copies of recordings and proofread transcripts of interviews were given to Best after he complained about the quality of his first copies. The first copies were given to Best as soon as possible so he could begin his work, Nasset said.

Most of the afternoon was devoted to probing when and what evidence passed between the county attorney's office and Best's office. A lengthy recitation of witness interviews, documents, computer data and other evidence hinted at the 10,000 pages of evidence that Nasset said police have amassed.

Stadler made no immediate rulings Monday.

This morning, he will consider whether Dasen has been denied his right to a speedy trial, and whether the trial will have to be moved to find an impartial jury.

If convicted on all counts, Dasen faces up to 356 years in prison.

He is prosecuted by Guzynski and Deputy County Attorney Lori Adams.