Felner Seeks Change of Venue due in part to "Intense Scrutiny on Local Internet blogs."

Perhaps if he didn't appear quite so ....Guilty

Robert Felner's attorney says his client cannot get a fair trial in Louisville and has asked that the case be moved. The former UofL education dean is accused of misusing grant money and other funds. Former U.S. Attorney David Huber previously described the case against Felner as "airtight."

This from C-J:

Felner's lawyer wants trial moved from Louisville

Media coverage called prejudicial

Felner and a colleague, Thomas Schroeder of Port Byron, Ill., pleaded not guilty in October to federal charges of mail fraud, conspiracy to commit money laundering and defrauding the Internal Revenue Service. Both are free on bond.

According to a motion filed by his attorney, Scott C. Cox, Felner has been "the subject of an extraordinary amount of prejudicial pretrial publicity within the Louisville jury division." The motion referred to the media coverage as "long-standing, widespread, and inflammatory."

Cox claimed his case was damaged by numerous Courier-Journal articles and editorials, WHAS broadcasts, various radio programs and intense scrutiny on local Internet blogs. So he wants the case moved to Paducah, Bowling Green or Owensboro.

...because the Internet doesn't go there?

Cox also asked the court to sever the trials of Felner and Schroeder.

According to Cox, Schroeder has repeatedly implicated Felner "as the sole wrongdoer" in interviews with law enforcement officials and federal prosecutors. And Felner, he noted, has given a lengthy statement to authorities in which he implicates Schroeder.

Page One has also learned,

Robert Felner’s lawyers filed a motion with the court to use an in-depth jury questionnaire.

Among the questions Cox wants to ask:

Do you hold any strong opinions regarding the University of Louisville or its
leadership?

Do you blog on the Internet and/or maintain your own personal
webpage or weblog?

Please describe your opinion (if any) of college professors or deans of universities?

Looks like there'll be no jury duty for me.

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.

Felner trial likely to be delayed

This from Nancy at C-J:

The trial of former University of Louisville education dean Robert Felner and his colleague Thomas Schroeder is expected to be delayed until next year after their attorneys filed motions seeking additional time to review the government’s evidence. Assistant U.S. Attorney Bryan Calhoun said in response to the motions that the government did not oppose the delay.

A spokeswoman for U.S. Attorney David Huber said today that a new date has not been be set by U.S. District Judge Charles R. Simpson III. The current trial date is Dec. 22.Motions filed by the defense indicated that the prosecution turned 17,299 pages of documents over to them this month, and more documents are expected in the coming weeks...

...According to the indictment, [Felner and Thomas Schroeder of Fort Byron Ill] fraudulently obtained nearly $2.3 million in grant and contract money from U of L and the University of Rhode Island.

University distances itself from earlier compliments paid Felner

As recently as June, U of L President James Ramsey wrote to Robert Felner saying, "You have done an incredible job here, and I am deeply indebted...I do want to get together to chat and get some of your ideas on things still to be done with the College … cannot run the risk of letting the Indians get back in control of the reservation."

Setting aside whether Ramsey's reference to one branch of my ancestors is offensive - the university press office is now distancing Ramsey from the series of behaviors that netted Felner 33 complaints and grievances from numerous members of the faculty.

University spokeswoman Cindy Hess told C-J, "It is important to note that the complimentary e-mails to Felner from university administrators were not about his management style, but rather his ability to achieve goals and objectives during his tenure at U of L."

The letter which can be seen at Page One lays out Ramsey's case; that initial grievances were dismissed (mistakenly?) as being from faculty who couldn't live up to the increased demands.

Ramsey writes: "It is fair to say the CEHD has had some history of concerns about its leadership."

Ramsey also, amazingly, discounts the no confidence vote taken against Felner. Now, maybe I'm naive and no confidence votes happen all the time - but this seemed pretty unusual to me.

If Ramsey now believes faculty complaints to be valid, it is surprising he would try to dismiss them, and the no confidence vote, at this late date.

To Ramsey's credit, U.S. Attorney David Huber confirms that the original complaint against Felner came from U of L.