Dasen lawyer: Jury pool is tainted

Dick Dasen Sr.'s attorney says in a court brief filed Friday that the Kalispell businessman's trial should be moved out of Flathead County because the jury pool is tainted.

This is the second time attorney George Best has made the motion for a change of venue. This time, he refers to an opinion poll he commissioned last month that found the majority of people surveyed know about the charges against Dasen and have formed an opinion.

Best asks District Judge Stewart Stadler to reconsider moving the trial. Stadler summarily denied almost all of a host of similar motions Best made in the case last year.

Best says the jury pool has been poisoned and inflamed by news accounts about Dasen, destroying his right to a fair and impartial jury.

Best hired E.B. Eiselein, who has with 37 years' experience in conducting scientific surveys. Court documents say Eiselein designed and directed a telephone survey of 408 randomly selected registered votes from Feb. 21-23. It excluded attorneys and their employees.

Eiselein concluded that 82 percent of registered voters in Flathead County "have been following the charges against Dick Dasen Sr. in the local media." Further, 81 percent have a presumption of innocence or guilt regarding the charges; about 79 percent feel he is guilty and about 3 percent feel he is not.

The survey has a statistical variation of 5 percent, Eiselein said.

He surmises that only 11 potential jurors out of a panel of 300 expected to be called would not have had dealings with Dasen or a presumption of his innocence or guilt. To find 44 qualified jurors, it would be necessary to call 2,000 potential jurors, he found, considering that some would be unable to serve for the expected trial duration of four to six weeks.

Best also refers to a group called Mothers Against Dick Dasen and Meth, a group he says is vocal and is led by a woman whose sworn statement "reflects the aggressive venom directed at Defendant."

Dasen was arrested in February 2004 on a charge of prostitution. Since then, charges have multiplied. They include 10 counts of prostitution and one each of sexual intercourse without consent, promotion of prostitution, aggravated promotion of prostitution, and sexual abuse of children. He is scheduled for trial in April.

Best also moved to have the charges against Dasen dismissed for lack of speedy trial. Stadler agreed to Best's request to postpone a January trial date. Best argues that evidence has continued to come in to him from prosecutors, causing delays while he researches witnesses and other information.

In other motions, Best requested charges to be dropped against Dasen because information Best requested from prosecutors was allegedly not provided. State law allows a mistrial if that happens.

Prosecuting Deputy County Attorneys Dan Guzynski and Lori Adams will have time to respond to Best's motions before Stadler rules again on them.