Friday, January 23, 2009

Prosecutor denies Felner detained, denied counsel

This from Nancy Rodriguez in C-J:

Former U of L dean asks court
to disregard June '08 interview

Former University of Louisville education dean Robert Felner was not held against his will, nor did he ask for an attorney during a seven-hour interview with federal authorities in June, according to a motion filed by federal prosecutors.

Assistant U.S. Attorney Bryan Calhoun filed the motion after Felner's attorney asked a judge last month to suppress statements Felner made to a U of L detective and a U.S. postal inspector during a June 20, 2008 interview at the College of Education and Human Development...

US Attorney David Huber, who had been handling the Felner case, announced his resignation earlier this month, as is customary for US Attorneys who serve at the pleasure of the president.

...Defense attorney Scott Cox argued in his suppression motion that Felner believed he was in custody and was not free to leave...

...Cox asked in a related motion filed in December that Felner's books and papers, seized during a search at the University of Wisconsin-Parkside where Felner was going to start work, be suppressed on the grounds that the search was unconstitutional...

Calhoun responnded that while Felner asked investigators if he "should" obtain an attorney, he never stated that he wanted one.

"Felner did not ask for an attorney until the conclusion of the interview, at which point investigators assisted him in locating a phone book to contact an attorney," Calhoun stated.

Felner was indicted in October and now faces 10 counts of mail fraud, money-laundering, conspiracy and income-tax evasion.

Indicted co-conspirator Thomas Schroeder of Fort Byron, Ill., also is charged with conspiracy to commit money laundering, mail fraud and conspiracy to defraud the IRS.

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