Judge considers dismissing charges, moving trial

District Judge Stewart Stadler will decide Friday whether prostitution charges against Dick Dasen Sr. should be dismissed or, if not, what shape his trial will take.

Stadler heard evidence and arguments on a pile of motions in the case on Monday and Tuesday.

Dasen's attorney, George Best, argued that most evidence should be inadmissible, charges should be dismissed for lack of speedy trial, and the trial should be moved out of Flathead County because of inflammatory publicity.

Point by point, Lori Adams and Dan Guzynski, deputy county attorneys, opposed each motion.

On Tuesday, Stadler considered the questions of speedy trial and whether news coverage has made it impossible to find an impartial jury.

Generally, Montana courts consider the speedy trial issue if more than 200 days pass between the time someone is charged with a crime and a trial begins.

It will be 337 days between Dasen's arrest on Feb. 23 and his trial on Jan. 24, 2005.

Best argued that since Dasen was originally charged, the state has added more crimes three times - as recently as two weeks ago.

Kalispell City Attorney Charlie Harball originally charged Dasen with solicitation of prostitution, a misdemeanor, on Feb. 11. The charge was later dropped as felonies were filed.

On Feb. 23, Guzynski charged Dasen with sexual intercourse without consent involving a 15-year-old girl. In June, he was charged with felony offenses of aggravated promotion of prostitution, promotion of prostitution, and sexual abuse of children. The latter charge alleges that Dasen took pornographic pictures of underage girls.

In September, the charges were amended again to add two women to the list of 20 whom Dasen allegedly "encouraged, induced, or otherwise purposely caused" to become or remain prostitutes.

In November, nine felony counts and one misdemeanor charge of prostitution were added.

"It seems to me like they didn't know what to charge and then experimented four times," Best said. "Mr. Dasen's rights have been trampled."

Guzynski said that while charges have been added, the foundation of the case against Dasen has never changed.

Best also told Stadler that the evidence prosecutors are required to give him so he can prepare for trial has come in piecemeal fashion and witnesses for the state haven't been willing to let Best interview them without the prosecutors there.

He said prosecutors have given him information slowly, grudgingly, and in disorganized form.

Adams argued that Best will have to sort through a mass of information just as prosecutors have. Kalispell police invited Best on July 23 to come and inspect every piece of evidence it had accumulated, including some that Best has complained about not receiving.

Best sent two interns to superficially review the evidence and they didn't bother to open bags that contained some of it, Detective Sgt. Roger Nasset testified.

While the prosecutors were responsible for the time that passed from February until Aug. 23, Best has been responsible for the delay since then, missing a deadline to submit his list of evidence and witnesses, Adams said.

"We've been giving over everything in this case that Mr. Best has asked for," Adams said.

Witnesses "are scared; they are intimidated by Mr. Best," Adams said. Those who are unwilling to talk to Best can be compelled to if Best files a request for Stadler to issue an order.

"We can't try his case for him," Adams said.

For Stadler to find that Dasen has been denied a speedy trial, he judge has to determine that the delay has damaged the suspect.

Best says the delay has caused Dasen anxiety; Adams said his anxiety is no different than anyone else who is charged with felony crimes. Dasen is living comfortably in Arizona while he awaits trial and is not languishing in jail during the delay, she said.

Best also said that news stories about Dasen will require the trial to be moved out of Flathead County to find an impartial jury.

Best said press coverage has "in bold headlines" implied that Dasen has stolen money from a disabled boy, was involved in a murder and drug trafficking and is being sued by women in actions that Dasen's insurance company doesn't want to defend him in.

"The press in this case has tried, convicted and all but sentenced Dick Dasen," Best said.

"The headlines and the body of text would say Dick Dasen is at least guilty of something."

Adams disagreed.

"The articles speak for themselves," she said. "They are not inflammatory; they are just the facts."

Best's motion is premature because there is no information yet on whether potential jurors have been influenced by press coverage, she said.

A key motion before Stadler would exclude evidence police gathered at Dasen's West Valley home and businesses Budget Finance and Peak Development Inc.

Best argued that search warrants for the evidence were defectively written and unconstitutionally executed.

If Stadler agrees, financial records, correspondence, photographs and other evidence would be inadmissible at trial.

Reporter Chery Sabol may be reached at 758-4441 or by e-mail at csabol@dailyinterlake.com