report said Looker found out about Mitchell through Butch Paugh, Looker's militia chaplain. Mitchell said Looker retained him to write legal briefs for his defense.
Fawn Thomas, media coordinator for U.S. Northern District Attorney William D. Wilmoth, said it is up to the magistrate to make a decision on whether or not Herndon will be dismissed or retained as Looker's counsel.
"If a defendant isn't
happy with his attorney, they have to give good reason to the judge in order to have a new counsel appointed," Ms. Thomas said.
Updated December 4, 1996
Looker Arraignment Set
The arraignment for Floyd Raymond "Ray" Looker will take place as scheduled on Monday, according to United States Northern District Attorney William D. Wilmoth's media court calendar.
Looker's arraignment will take place at the Wheeling Federal Courthouse at 1:30 p.m. in front of U.S. Magistrate James E. Seibert. The resident of Stonewood is one of seven men allegedly involved in the plot to blow up Clarksburg's FBI Fingerprint facility.
Looker, commander of the Mountaineer Militia and alleged ringleader of the conspiracy, was originally scheduled to have his arraignment on Nov. 22. But, his attorney was on vacation and the date was changed until Dec. 2.
Along with Looker, two others had their arraignments postponed. James M. "J.J." Johnson of Maple Heights, Ohio and Imam A. Lewis of Cleveland had their arraignments delayed while they appeal their detention orders to the 6th Circuit Court of Appeals in Cincinnati.
Four other men were arraigned in front of Seibert. James R. "Rich" Rogers of Jane Lew (physically living in Harrison County); Edward F. Moore of Lavalette in Wayne County; Terrell P. Coon of Waynesburg, Pa.; and Jack Phillips of Fairmont pleaded innocent and had their trial dates set for early January.
The delay in court appearances isn't the first for Looker. His original preliminary and detention hearing was postponed after he said his court-appointed attorney may have a conflict of interests.
Looker asked that David Jividen be replaced at his Oct. 17 hearing in Elkins. Jividen's wife Betsy works as a part-time federal prosecutor and Looker said he felt he needed to distance himself from the government in this case as much as possible.
U.S. Magistrate David L. Core agreed with Looker and rescheduled the detention hearing for Oct. 24 with a new attorney. Stephen D. Herndon of Wheeling was appointed as Looker's counsel.
Herndon, however, wasn't sure how Looker has been coping during recent weeks. The Wheeling attorney was out of town.
"I haven't seen him in a month," Herndon said. "I've been on vacation in Europe."
Despite the time off, Herndon said he's ready to get to work on the case.
"I'll spend the weekend working on the case," Herndon said.
During the arraignment, Herndon said his client will enter a plea of not guilty. He said at that time, he'll also ask for the government to present its evidence in the case.
"I won't get the evidence at the arraignment," Herndon said. "But, we should see it within a couple of weeks."
The evidence in the case is considered to be staggering in its amount. The government's 16-month investigation is based on information received from informant O. Marshall "Okey" Richards, 200 audio tapes and several video tapes.
Also, lawyers representing the men in the alleged plot will also have the opportunity to look over a packet of information that led to the arrests on Oct. 11
On that day, Looker allegedly took a packet of information on the Clarksburg FBI facility to an individual he believed was a broker for a Middle Eastern terrorist group. The packet was sold for $50,000 to an undercover FBI agent in an undisclosed location in Star City.
Following the transaction, Looker was arrested. Immediately after that, six others were arrested in locations throughout West Virginia, Pennsylvania and Ohio.
According to law, the defendants have the right to a trial within 70 days. However, the time frame can be held up for various reasons, including pre-trial motions.
More than one attorney in the case has indicated that the 70-day time frame might not be enough to review the evidence and present their case. Herndon, however, said if the case comes up within 70 days he'll be ready.
"It shouldn't be a problem," Herndon said. "I've basically cleared my calendar for the next
70 days."
Herndon will not be allowed to present any new evidence during the arraignment.
Updated December 2, 1996
The following are by the Associated Press
Brought to you from
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Militia Defendants to File
Motions Seeking Trial Delay
WHEELING (AP) _ Four defendants in an alleged plot to blow up the FBI center in Clarksburg filed motions Monday seeking to delay trials scheduled to begin in little more than three weeks.
A U.S. magistrate had encouraged defense lawyers to file motions seeking more time to prepare their cases and to review evidence that includes 430 tape recordings, videotapes and other materials.
Motions were filed in U.S. District Court in Wheeling on behalf of Clarksburg Fire Lt. James R. Rogers, Edward F. Moore of Lavalette, and Terrell Coon of Waynesburg, Pa., a court official confirmed.
A motion on behalf of Jack A. Phillips of Fairmont was filed in federal court in Clarksburg, his lawyer said.
There was no motion filed on behalf of Mountaineer Militia leader Floyd "Ray" Looker as of 4:55 p.m., which was five minutes before the Wheeling court closed, the official said.
Looker, of Stonewood, has asked a federal judge to have his lawyer removed because he was not allowed to participate in defense strategy. Looker wants to represent himself.
In all, seven men with militia ties face charges including conspiracy to make and sell explosives, to bring explosives across state lines and to commit an offense against the United States.
Two Ohio men, Imam Lewis of Cleveland and James M. Johnson of suburban Maple Heights, have yet to be arraigned. They have appealed their detention and extradition to the 6th Circuit Court of Appeals in Cincinnati.
Looker, of Stonewood, has filed a motion attacking the federal grand jury process.
He charges it is unconstitutional that West Virginia residents who are not U.S. citizens are excluded from service.
The motion, written by Looker's co-counsel Paul Andrew Mitchell of Tucson, Ariz., contends there are two classes of citizens: state citizens and federal citizens.
The motion reasons that class discrimination is illegal so the federal grand jury process must be unconstitutional because some citizens are allegedly excluded from service.
Updated December 10, 1996
Forget Christmas Shopping,
Defense Lawyers Will Be Busy
WHEELING (AP) _ Lawyers for seven men accused of plotting to blow up the FBI center in Clarksburg likely will spend the holiday season listening to hours and hours of audio tapes.
Prosecutors have listed 430 tape recordings of conversations with the defendants as relevant to trials tentatively scheduled to begin next month, according to court documents.
Previously, an FBI agent testified that about 200 tapes were made during in the 16-month investigation that led to the arrests of seven men in West Virginia, Ohio and Pennsylvania on Oct. 11.
Mountaineer Militia leader Floyd "Ray" Looker and six others are charged in an alleged plot to blow up the FBI's $200 million Criminal Justice Information Services center in Clarksburg.
Prosecutors said about 160 tapes are relevant to the government's case against Looker and Clarksburg Fire Lt. James R. Rogers, who is accused of photographing FBI center blueprints on file at fire department.
Looker sold the blueprint copies for $50,000 to an FBI agent posing as a middleman for a Middle East terrorist group, authorities said.
Another 113 tape recordings are relevant to charges against Looker and two Ohio men, Imam Lewis of Cleveland and James M. Johnson of suburban Maple Heights, prosecutors said.
There are 87 tapes in the case against Looker and Terrell P. Coon of Waynesburg, Pa., and 73 tapes in the case against Looker, Jack A. Phillips of Fairmont and Fred E. Moore of Lavalette, prosecutors said.
Lewis, Johnson and Coon are accused of supplying explosives across state lines, and Phillips and Moore are accused of conspiring to manufacture explosives for sale and for use in militia operations.
The recordings were made by O. Marshall Richards, the militia's security chief who later became an FBI informant. He is now under FBI protection at an undisclosed location.
Updated December 4, 1996
Militia Commander Looker
Tries to Axe Lawyer, Again
WHEELING (AP)_ The militia leader accused of orchestrating a plot to blow up a Clarksburg FBI complex tried to fire his second lawyer Monday and delay proceedings so he can attack federal indictments.
Mountaineer Militia commander Floyd "Ray" Looker told a federal magistrate that lawyer Stephen Herndon did not allow him to participate in forming a defense strategy and was difficult to reach by phone.
"My life is on the line here, and I insist and demand that I be allowed an active role in my own defense," Looker said.
Looker filed a motion to delay all proceedings while he attempts to have the federal indictments against him thrown out. He said an Arizona lawyer, Paul Andrew Mitchell, will assist in his defense.
Magistrate James E. Seibert entered an innocent plea on Looker's behalf at the arraignment, even though Looker opposed any movement toward trial pending action on his motions by a U.S. district judge.
"I'm not too bright, but a stay means nothing else proceeds until that stay is acted upon. I'm insisting on that, your honor," Looker said.
"Your insistence is noted, sir," Seibert replied.
Looker, 57, of Stonewood, is accused along with six others in a plot to blow up three federal targets, including the FBI center in Clarksburg. The other targets have not been identified.
Four defendants pleaded innocent in arraignments before Thanksgiving. Arraignments for two Ohio men have been delayed pending appeals of their detention orders to the 6th Circuit Court of Appeals.
Seibert set trial dates for Looker and the other defendants for early January. He has said the time frame may be unrealistic because defense lawyers have to review a mountain of evidence.
The magistrate also heard a defense motion to delay destruction of explosives seized by federal agents during the 16-month investigation that led to the Oct. 11 arrests.
Herndon said some of the explosives are scheduled to be destroyed by Dec. 9 and he wants tests performed on them. But he said he was powerless to make the motion because Looker opposed it.
Jolyon McCamic, appointed to represent defendant Imam Lewis of Cleveland, Ohio, then stepped from the spectator section and made the formal motion.
Seibert gave Assistant U.S. Attorney Paul T. Camiletti until Wednesday to offer a response.
Looker and the other defendants from West Virginia, Pennsylvania and Ohio were arrested after Looker tried to sell for $50,000 copies of blueprints of the FBI's Criminal Justice Information Services center.
Clarksburg Fire Lt. James R. Rogers is accused of providing the copies to Looker. Authorities say Rogers made photographs of blueprints from files at the fire station.
Two other suspects, Jack A. Phillips of Fairmont and Edward F. Moore of Lavalette, are accused in a conspiracy to make explosives for sale and for use in militia operations.
Lewis, James M. Johnson of Maple Heights, Ohio, and Terrell Coon of Waynesburg, Pa., are accused of transporting explosives across state lines.
Mitchell, the Arizona lawyer, would be Looker's third attorney.
Looker's first lawyer, David Jividen, was dismissed by Looker for a conflict of interest because his wife is a federal prosecutor.
Mitchell could not immediately be reached for comment. His signature appears on Looker's motion to delay further proceedings and dismiss the federal indictments.
Herndon said after the hearing he will continue representing Looker until a judge formally releases him.
Updated December 3, 1996
Informant under fire
4 men arraigned
in bomb plot case
WHEELING, W.Va. (AP) _ The informant who helped unravel the alleged plot to blow up the FBI center in Clarksburg has not applied for a reward allowed under federal law, U.S. Attorney William Wilmoth said.
Defense lawyer Rocco Mazzei suggested Friday the informant was motivated by the $500,000 reward available for people who help foil terrorism, as well as payments from the FBI.
"I think that goes without saying. I think it's pretty obvious," said Mazzei, whose client was among four men arraigned Friday.
James R. Rogers of Clarksburg, Edward F. Moore of Lavalette, Jack A. Phillips of Fairmont and Terrell P. Coon of Waynesburg, Pa., all pleaded innocent Friday in federal court.
Magistrate James E. Seibert set trial dates for the four men in early January but suggested that may be unrealistic because of the large amount of evidence defense lawyers must examine before trial.
Arraignments for two Ohio men, Imam Lewis of Cleveland and James M. Johnson of suburban Maple Heights, were delayed Friday while they appeal their detention to the 6th Circuit Court of Appeals in Cincinnati.
The arraignment for Mountaineer Militia leader Floyd "Ray" Looker will be held Dec. 2 in Wheeling.
The seven men with alleged militia ties are charged in what federal prosecutors describe as a plot to bomb the FBI's Criminal Justice Information Services Center in Clarksburg.
Federal indictments accused Rogers, a Clarksburg firefighter, of making copies of FBI center blueprints that Looker allegedly tried to sell for $50,000 to a Middle East terrorist organization.
Phillips and Moore were accused of conspiring to make explosives to be used in militia operations and to be sold to other buyers. And Coon was accused of transporting explosives across state lines.
Jerald Jones, lawyer for Phillips, contends the government orchestrated the plot by tempting the defendants.
"Somebody waves $50,000 in front of you and you're desperate for money, you can sometimes be induced to do something you might not otherwise do," the lawyer said.
The defense also contends the government's case has been tainted by payments to the informant.
O. Marshall Richards received a total of about $30,000 that includes relocation costs for his work during the government's 16-month investigation that ended with the arrests Oct. 11, an FBI agent has testified.
Mazzei, the lawyer for Rogers, suggested Richards considered an even bigger payoff provided under federal law.
The federal statute he cited allows a reward of as much $500,000 for someone who helps uncover a terrorist act.
Up to $100,000 can be paid without the personal approval of the attorney general, the statute said. Above that, either the attorney general or president has to sign off on the payment.
Wilmoth, the U.S. attorney, said Friday that Richards has not applied for a reward. And he declined comment on the continued defense attacks on Richards' credibility.
"I prefer to try my cases in the courtroom. And in the courtroom the jurors will hear the defendants on tape and in certain instances see them on videotape," Wilmoth said.
Richards remained under FBI protection at an undisclosed location Friday. He could not be reached for comment.
Updated November 25, 1996
Informant Okie Richards Could Earn
Up to $500,000 in Reward Money
WHEELING (AP) _ An FBI informant may be eligible for a reward of up to $500,000 for making tapes that led to arrests in an alleged plot to blow up the FBI center in Clarksburg, a defense lawyer said Friday.
Rocco Mazzei, lawyer for one of seven men charged in the plot, suggested the lure of the federal reward and payments from the FBI motivated the informant.
"I think that goes without saying. I think it's pretty obvious," Mazzei said.
His client, James R. Rogers of Clarksburg, and three others, Edward F. Moore of Lavalette, Jack Phillips of Fairmont, and Terrell P. Coon of Waynesburg, Pa., pleaded innocent at their arraignments Friday in federal court.
Magistrate James E. Seibert set trial dates for the four men in early January but suggested that may be unrealistic because of the large amount of evidence defense lawyers must examine before trial.
The arraignment for Mountaineer Militia leader Floyd "Ray" Looker will be held Dec. 2 in Wheeling. Arraignments for two Ohio men, Imam Lewis of Cleveland and James M. Johnson of suburban Maple Heights, were delayed Friday while they appeal their detention orders to the 6th Circuit Court of Appeals in Cincinnati.
The seven are charged in what federal prosecutors describe as a plot to bomb the FBI's Criminal Justice Information Services Center in Clarksburg and two other federal targets. The other targets in West Virginia have not been named.
Federal indictments accused Rogers of making copies of FBI center blueprints that Looker allegedly tried to sell for $50,000 to an undercover agent. The agent was posing as a middleman for a Middle East terrorist organization.
Phillips and Moore were accused of conspiring to make explosives to be used in militia operations and sold to other buyers. And Coon was accused of transporting explosives and a sawed-off shotgun across state lines.
Jerald Jones, lawyer for Phillips, contends the government orchestrated the plot by waving money in front of the defendants, some of whom were in dire need of money.
"Somebody waves $50,000 in front of you and you're desperate for money, you can sometimes be induced to do something you might not otherwise do," Jones said.
The defense also contends the informant, O. Marshall Richards, was motivated by money. Richards was paid $2,000 a month and received a total of about $30,000, the FBI said. That included relocation costs for his work during the government's 16-month investigation that ended with the arrests of all seven defendants on Oct. 11, an FBI agent has testified.
Mazzei, the lawyer for Rogers, suggested Richards considered an even bigger payoff provided under federal law. The statute allows a reward of up to $500,000 with the approval of the attorney general or president for someone who helps uncover a terrorist act.
Up to $100,000 can be paid without the personal approval of the attorney general, the statute said. U.S. Attorney William Wilmoth said Friday that Richards has not applied for a reward.
He declined comment on attacks on Richards' credibility.
"I prefer to try my cases in the courtroom. And in the courtroom the jurors will hear the defendants on tape and in certain instances see them on videotape," Wilmoth said.
Richards remained under FBI protection at an undisclosed location Friday. He could not be reached for comment.
Updated November 25, 1996
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