March 28, 2016 at 4:23 p.m.
Brian Eliason retains Dean Strang of 'Making a Murderer' fame
Brian Eliason retains Dean Strang of 'Making a Murderer' fame
Dean A. Strang, who was one of the lead defense attorneys for Steven Avery in his 2007 murder trial in Manitowoc County, has filed a notice of counsel's appearance on behalf of Brian E. Eliason.
The notice was filed Monday, according to Steven Kravit, attorney for Eliason's brother David J. Eliason.
"We welcome Dean Strang, one of Wisconsin and the nation's finest criminal defense lawyers, to the legal team committed to righting injustice and obtaining the dismissal or acquittal of all charges against David and Brian Eliason," Kravitt said in a statement.
Strang gained national attention after the streaming service Netflix released a docuseries about Avery's trial in late 2015.
In the notice of appearance, Strang noted "Mr. Eliason expressly reserves objections to jurisdiction, competence and the adequacy of the criminal complaint."
The Eliasons are each facing 10 counts of securities fraud in connection with alleged conduct between Aug. 21 and Sept. 30, 2009 when the state says they failed to inform potential investors that their company did not have the finances necessary to stay in business, according to the criminal complaint.
The charges were filed Feb. 26 in Vilas County Circuit Court. Assistant state attorney general Amber L. Hahn is the special prosecutor in the case, which is scheduled to be heard by Forest County Judge Leon Stenz.
The Eliasons are expected to make their initial appearances April 13.
According to the complaint, the charges stem from alleged "misstatements and omissions made by Brian and David Eliason, personally and through their corporation, Eliason, Inc.," leading up to the sale of investment contract securities on or before Sept. 30, 2009. At the time the contracts were sold, they were marketed to potential investors as being supported by the cash reserves of Eliason, Inc., despite warnings from its auditors the business would likely not be able to remain in business through the end of that year due to a bank refusing to make any more loans and because the company had net losses for 2006, 2007 and 2008, the complaint states.
Both Eliasons have steadfastly maintained their innocence.
Securities fraud is a class H felony carrying a maximum fine per count of $10,000 and up to six years in prison. In addition, if the crime is committed against a victim over 65 years of age, as is alleged in this case, the fine may be increased by $5,000 and the term of imprisonment increased by five years, according to state statute.
Also pending is a motion filed by Hahn requesting a gag order that would prohibit all parties from talking to the media.
Stenz could rule on that motion at the April 13 hearing. Kravitt was expected to file a response to the motion late Monday afternoon.
Jamie Taylor may be reached at [email protected].
Comments:
You must login to comment.