Fried attorney cries foul
Eric Engan says court not sharing
KINGMAN - The attorney for a Kingman man who attempted to bring a pitchfork into the County Administration Building has filed a motion asking the court to include him and his client in the court's actions in the case.
Eric Engan, the attorney for Mervin Fried, filed a motion with the court Nov. 26 stating, "the continuing procedural oddities in this case create the appearance of impropriety and cause the defendant to believe that the court administration is not providing the defendant with 'a fair shake.'"
Fried was arrested and charged with trespassing on Feb. 16 when he attempted to enter the County Administration Building with a pitchfork after attending a protest outside.
Engan alleges in his motion that on Nov. 8, County Attorney Bob Taylor filed a motion to continue the Dec. 1 trial date for the case. Court personnel contacted the prosecutor to inquire what dates were best to move the trial to before Engan got a copy of the motion and before he had a chance to respond to the motion. Engan also alleges that court personnel didn't contact him about the best date to move the trial to.
"The defendant wants to know why the court contacts the state about scheduling issues, but then does not contact the defendant at the same time. This is disparate treatment and unfair to the defendant," Engan states in his motion.
Engan filed his response to the request to change the trial date on Nov. 18. Because of a mix-up, his office didn't deliver the response to Taylor's office until Nov. 23. At that time, Taylor handed Engan a copy of his reply to Engan's response. Engan asked how Taylor got a copy of his response since it hadn't been delivered to his office until that day. Taylor told him that the court had faxed a copy of Engan's response to his office.
"The obvious question is why is the court faxing opposing pleadings to the state but does not fax opposing pleadings to the defendant. Again, this creates an appearance of impropriety that is not Judge (Paul) Julier's fault, nor is it Mr. Taylor's fault - but the defendant can't help but conclude he is not receiving fair and equal procedural treatment from the court," Engan states in his motion.
The case is currently set to go to trial on Jan. 5.