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Friday, October 31, 1997

Separatists consult court-appointed attorneys for first time

By EDUARDO MONTES / Associated Press Writer

ALPINE, Texas (AP) -- Two Texas separatists took their first step toward mounting a defense in their organized crime trial Thursday, asking their court-appointed attorneys to plead their case.

Attorneys for Republic of Texas leader Richard McLaren and his associate, Robert Otto, submitted a motion seeking a mistrial, citing the admission of evidence not directly related to the case.

"The evidence is just so overwhelming and so prejudicial, at this time ... it's really impossible for my client to receive a fair trial," said McLaren's attorney, Frank Brown.

When state District Judge Kenneth DeHart denied the motion, Brown and attorney Mike Barclay asked for a directed verdict of innocence, which the judge also rejected. The defense then rested without calling any witnesses.

The judge excused jurors late Thursday afternoon, telling them to return Friday morning to hear closing arguments and to be prepared to begin deliberations.

Otto and McLaren had been ignoring their standby counsel throughout the four-day trial, preferring to represent themselves.

They have made their own objections and cross-examined witnesses. But their attempts at a defense have made little sense, leaning heavily on McLaren's belief that he is an ambassador for the Republic of Texas, and their conduct has caused them to be ejected repeatedly.

On Thursday, however, the two lawyers became the attorneys of record in the case.

McLaren and Otto are being tried on charges of engaging in organized criminal activity for allegedly plotting to kidnap two people who lived near Republic members in the Davis Mountains Resort, a rural community 175 miles southeast of El Paso.

The April 27 abduction of Joe and Margaret Ann Rowe, carried out by three of McLaren's followers, sparked a standoff with 300 state troopers and Texas Rangers. The siege ended May 3 when the Republic members agreed to lay down their weapons.

After prosecutor Albert Valadez rested his case Thursday morning, Brown asked the judge for a recess so he could prepare a motion on McLaren's behalf.

When the court reconvened, the attorneys presented their motion for a mistrial, arguing that prejudicial evidence had been submitted. They specifically cited weapons not related to the actual abduction and a videotaped re-enactment of the kidnapping that included unsworn testimony from victim Joe Rowe.

The motion also challenges the admission of "extraneous offenses that may inflame the jury," such as testimony about the standoff with authorities and explosive devices found at the Republic encampment.

Otto and McLaren are not charged with anything beyond organizing to commit criminal activity connected to the kidnapping.

The prosecution's final witness was Midland police Sgt. Andy Glasscock, an explosives expert who told jurors he found numerous pipe bombs around the encampment where the separatists had holed up.

One pipe bomb attached to a 5-gallon propane tank could have created a huge fireball that would have engulfed anyone in the immediate vicinity, he said.

"It would have probably burned down every house that was in that valley," Glasscock said.

Republic member Gregg Paulson took responsibility for having made the bombs. "He was extremely proud of the explosive devices," the sergeant said.

If convicted, McLaren and Otto could face up to life in prison and a $10,000 fine.

Gregg and Karen Paulson, who also are accused of engaging in organized criminal activity for their roles in the kidnapping, will be tried in December.