Last Updated: Saturday, January 8, 2011 8:07 AM CST
Trial postponed in soldier ID theft case
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The trial of a Green Bay man accused of using the identities of Wisconsin soldiers who died in Iraq for personal financial gain has been pushed back until May.
James Joseph Larson, 26, charged in Oneida County Circuit Court with two counts of forgery and one count of misappropriating identification information to obtain money, had been scheduled for trial Feb. 14.
During a motion hearing Friday morning, defense counsel John Vorhees requested a continuance. He told Judge Patrick O’Melia he is still receiving discovery information and needs times to investigate it. He also said he may file additional motions, including a request that jurors not be told that the identities Larson is accused of misappropriating belong to slain Wisconsin soldiers.
Disclosing that the identities of slain soldiers were allegedly used “interjects a real significant, I think, emotional aspect to the case which could be prejudicial to the defense,” Vorhees said.
Assistant Oneida County District Attorney Ruth Kressel did not object to the continuance. She said the state will need rulings on whether Larson can be tried as a repeater and how his previous criminal convictions should be treated at trial. One pretrial motion was resolved Friday. At the hearing’s outset, Kressel said a hearing on a motion to suppress Larson’s statements would be unnecessary since the state does not plan to use the statements unless Larson takes the stand.
Larson is one of three people arrested in connection with an alleged fraudulent check scheme.
Bobby John McLeod, 46, also charged with two counts of forgery and one count of misappropriating identification information to obtain money, had a pretrial conference set for Feb. 15.
The third suspect, Tina Marie Mitchem, 25, of Milwaukee, charged with misappropriating identification information to obtain money and resisting or obstructing an officer, is scheduled to go on trial March 1.
A routine traffic stop by an Oneida County deputy May 20 led to the arrest of the three suspects on probation violations. Further investigation revealed that Larson, McLeod and Mitchem had been traveling in Wisconsin, Minnesota, and Michigan and had been allegedly producing and passing fraudulent checks.
A search warrant was conducted on the vehicle and three computers, software, and a printer were found inside that appeared to have been used to produce fraudulent checks. The investigation also showed that two checks were forged and passed at Walgreen’s in Woodruff.
The two checks were passed using the names of members of the U.S. military from Wisconsin who were killed in the line of duty.
Authorities believe the suspects purchased gift cards with fraudulent checks and then later used the gift cards to purchase retail products.
If convicted on all charges, both McLeod and Larson could be sentenced to 18 years in prison.
Mitchem faces a possible maximum sentence of six years and nine months prison.
Larson is expected back in court Feb. 15 for another motion hearing.
O’Melia said he hopes to resolve a number of the the pretrial motions at that time.
Larson is now scheduled for trial May 18.
Article source: http://www.rhinelanderdailynews.com/articles/2011/01/08/news/doc4d27a7f407f70184870441.txt
Category: Prison Time