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Gas tank defendants enter 'not guilty' pleaTrial to begin Sept. 13This article was originally published in the the Amador Ledger Dispatch on April 4, 1999, and is reproduced here with its permission. By Diane Smith JACKSON—Please of "not guilty" were entered by three defendants Friday in the gas tank indictments handed down by a special grand jury in January. Attorney Clyde Blackmon of Sacramento spoke on behalf of his client Robert Womack. Attorneys for the two other defendants included Reed Roberts of Stockton for Mark Sherrill and Bud Lewis of Jackson for Dave Mason III. Attorneys entered a "not guilty" plea on behalf of their clients, on each of 21 grand jury counts. Judge John Cruikshank of Stockton sat on the case in Amador Superior Court and is expected to sit for the entire trial which begins Sept. 13 and according to prosecutor David Irey, may take 4-5 weeks. That is the amount of time he said the court needed to set aside for the Womack trial. Since all three defendants are charged with co-conspiracy, they will be tried together but will have separate attorneys. Blackmon was heard to suggest it would take about a week. Boxes of discovery were turned over Friday to Bud Lewis, Mason's attorney and more is expected. Lewis is interested in the taped piece of evidence from a Sept. 2 meeting with the defendants, county officials and prosecutor Irey. There is also a video tape of Bill Wolin Sr. that has not been made part of the discovery to the defendants but is alleged to be available for public listening. Blackmon addressed the court on the confiscation months ago by a search and seizure team of the computer and the files of 300 clients belonging to Robert Womack's accountant in Fair Oaks. The judge and Blackmon were in agreement that that part of discovery would not be made public. Judge Cruikshank said he was concerned with people's right to privacy. Blackmon also indicated he will be filing a motion to dismiss the case. Irey had filed a motion last month asking Lewis to recuse himself, that is, withdraw from representing Mason since Lewis and his wife had dined on several occasions with Womack and his wife. Lewis then officially "disclosed" this to Mason and Mason, who has been advised he has the right to select his own counsel, continued to retain Lewis as his attorney. Lewis has suggested he may seek to have certain members of the prosecutorial staff recuse themselves on the bases of alleged breech of ethics. Irey and Amador District Attorney Todd Riebe made comments during radio and television interviews and to the press which Lewis calls "extremely outrageous." Lewis also claims his client is severely prejudiced because the prosecutors lumped Mason (who has a single count against him) in with prejudicial statements against all three. Throughout the month of June, motions and responses are expected to be filed on a weekly basis. Discussion of the terms of Robert Womack's release on his own recognizance (OR) back in January was also under discussion this past week. According to defense attorneys, prosecutors are contending that Robert Womack didn't clean up the mess left from two days of excavations at the Luke Womack home and therefore is behaving illegally and not keeping to terms of his O.R. The former Bosse Ranch was dug up by two giant excavators, the family water mains broken twice and still leaking, sprinklers dug and disconnected, power conduit gone, and a culvert, fence and gate taken out, leaving a mucky mess. Russell Moore, a California Highway Patrol investigator, operating under a search warrant, conducted the digging at the Bosse Ranch, now owned by KRL, a legal entity comprised of three of Robert Womack's children. Womack is retired and claims he is not involved in KRL assets. Womack says he wrote the Amador Environmental Health Department, which participated in the excavation detail, for directions on what was required but claims the family has never received a reply. Prosecutors have been informed of the situation but continue to press the elder Womack for "mitigation" of the conditions they left at the former auto body yard. About a dozen batteries from the former junk yard were excavated and were later taken by the Womack children to a local recycling center. Former owner Paul Bosse, who claims the auto body remains were buried by a former family member, was at the court session Friday. Calls placed to both Irey and Riebe Friday for clarification on various legal points, were not returned. Riebe was also present at court Friday, taking notes throughout the proceedings. The balance of the audience section was filled with what appeared to be supporters of the defendants. Copyright © 1999 Amador Ledger Dispatch |
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