Mon, Nov 23 2009
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Prosecution in Gary Hall case seeks hearing Sunflower Supply Co., Discount Tobacco Warehouse and Rebel Industries also are named as defendants in the indictment.
In her motion, Furst seeks a court hearing to determine if defendants sharing an attorney represents a conflict of interest. She notes that Jim Pratt represents both Hall and Sunflower Supply Co.; Michael Shultz represents Rebel Industries and Coble; and Robin Fowler represents Discount Tobacco Warehouse and Boyes. “Conflicts of interest arise whenever an attorney’s loyalties are divided and an attorney who cross-examines those from whom he has previously obtained privileged information inherently encounters divided loyalties,” Furst wrote. “Forgoing cross-examination deprives a defendant of his Sixth Amendment right to effective assistance of counsel; while pursuing cross-examination would violate ethical standards regarding privileged communications.” Furst also wrote that Hall’s payment of attorneys for defendants and witnesses may represent a conflict. She compared the situation with drug distribution networks, where lower-level defendants are paid by people higher up in the network. She wrote that Hall is the employer or former employer of all the defendants. “Here, it may well be that Hall and/or Sunflower will impair the defendants’ abilities to negotiate a pretrial resolution of this case because to do so would inhibit Hall’s ability to protect himself, his companies and his empire,” Furst wrote. Pratt, Hall’s attorney, wrote in response to questions e-mailed to him by the Globe that he intends to file a response with the court “at the appropriate time.” He wrote that he doesn’t object to the court declaring the case as complex and extending the time to prepare for a trial. Baxter Springs attorney Chris Meek, who is one of Jeremy Hooker’s attorneys, said the motions don’t apply to his client. He said he isn’t representing any defendant other than Hooker and Hall isn’t paying his fees. He said it would be up to the judge to determine if a conflict exists. He said he was troubled by the comparison in the motion to the payment arrangements in a drug case. “In a way, that analogy struck me as being far-fetched,” Meek said. He said he is certain the judge will designate the case as complex and unusual, and set a new trial date. Meek said he has heard comments among locals that the defendants must be guilty of something if they have been charged. He said that’s not how the judicial system works. “These folks are presumed innocent,” Meek said. 
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