Prosecutors answer Dasen's requests

Prosecutors in the prostitution case of Kalispell businessman Dick Dasen made a case for keeping his trial in Kalispell next month.

Dasen's attorney, George Best, has asked District Judge Stewart Stadler to reconsider moving the trial or dismissing the charges altogether.

Dasen is charged with 14 counts related to prostitution. Police say he spent millions of dollars on sex. Among the charges he faces are sexual intercourse without consent and sexual exploitation of children.

Stadler previously denied Best's requests to move the trial outside of Flathead County because of pre-trial publicity. Stadler also denied motions to dismiss the charges because of lack of a speedy trial.

Best refiled those and other arguments recently in Stadler's court.

Prosecuting Deputy County Attorneys Dan Guzynski and Lori Adams filed their responses Thursday.

Where Best's motions describe an attorney trying to put together a defense without benefit of cooperation from prosecutors, the county attorney's office motions depict a defense attorney who hasn't done his work.

Addressing the lack of speedy trial motion, Adams asserts that delays since a scheduled trial date and the April 25 trial date should be attributed to Best's delays.

"The defendant has continually stated to the court that he is not prepared to go to trial and is in need of a continuance, while at the same time demanding his right to a speedy trial. The defendant, as a matter of course, has blamed the state for his lack of preparedness," Adams' brief says.

She says prosecutors have set up about 30 interviews of witnesses for Best, but believes prosecutors "are under no legal obligation to prepare the defendant's case for him."

She also denies that prosecutors have failed to turn over evidence to Best as required by law. If that happens, defendants may seek to have charges dismissed, as Best has.

Best has called the state's failure to produce evidence "calculated and blatant."

Best also asked again to move Dasen's trial to another county because of pre-trial publicity. He said a telephone survey shows that the jury pool has been poisoned by publicity. Adams says that while the media "has focused considerable attention on this case," she disagrees with Best that the stories have been unfair to his client.

"These articles presented the facts of the case in a fair and objective manner. The press has not editorialized. The articles are not slanted either for or against the defendant."

Adams said Best's motion fails to show that news reports were inflammatory and that it would be impossible for Dasen to receive a fair trial.

In another motion, Best said that search warrants served at Dasen's home and two businesses were illegal and that all evidence taken should be suppressed.

Stadler had earlier denied that request, also.

In his 11-page response, Guzynski replied that unless the court requests otherwise, the state deems the issue settled.

Stadler will allow Best to respond to the prosecutors' responses if he wishes. After that, Stadler will rule on the motions.

The trial date still stands, with up to six weeks scheduled.