OTTUMWA —
If you’re filing applications with the court and not disclosing them to the defense, then the defense is going to ask a judge to subpoena you.
That was the stance of attorney Steve Gardner, who is defending Seth Techel, 21, accused of killing his wife, Lisa, 23, in their rural Agency home in May. At the time of her death, she was four months pregnant.
Seth Techel has pleaded “not guilty.”
During a hearing Monday, Techel and his lawyer told Judge Daniel Wilson they believe the Wapello County Attorney’s office filed an application for a court order in this case —but didn’t tell anyone.
Neither Gardner or state prosecutors were told about the written application, he said, and there is no record of it.
Gardner said the disclosure agreement he has with the state works for both sides of the trial: “We are entitled to [know of] all documents submitted, [including] what subpoenas have been applied for, what subpoenas have been issued, what subpoenas have been denied.”
Gardner wants the judge to allow the defense to actually subpoena the Wapello County Attorney’s office to see what they have done behind closed doors.
Gardner went on to say that the Iowa AG’s office is prosecuting this because the Wapello County Attorney’s office, by its own admission, has a conflict of interest.
So why would they be filing “secret” court motions? What representations have been made to the court in this case without the defense having an opportunity to respond?
It sounds like something that could rise to the level of prosecutor misconduct, Gardner suggested.
Asked for a response by the judge, Andy Prosser, assistant Iowa attorney general, said he felt this pursuit could be considered “a waste of time” for the court.
Prosser said he contacted Gardner and disclosed that an application was made by Wapello County, implying it may have been done incorrectly. That disclosure is how the defense even knew of the issue. But it only happened that once.
The defense is making “a mountain out of a mole hill,” Prosser said.
Gardner asked Judge Wilson to issue an order that ensures the “discovery agreement” between defense and prosecution has been honored.
It makes sense to subpoena the Wapello County Attorney’s office, he said, because while he has nothing personally against the prosecutors, “to say, ‘I’m with the government, trust me.’ doesn’t fit the defendant’s [rights to] due process.”
Wapello County Attorney Lisa Holl told the Courier that because this is a pending case, the rules of ethics keep her from commenting on the allegations.
Judge Wilson said he would review the case, as well as another judge’s recent ruling on the case, and make a decision as soon as possible.
Gardner filed trial subpoenas
One of the defense applications for a subpoena “demands the in-person testimony” of the state medical examiner. Another subpoena application demanded the in-person testimony of state forensic-lab technicians investigating the May shooting death.
Investigators allege that Seth Techel was unhappy in the marriage, according to the affidavit, and wanted to be with another woman. The affidavit further states that his wife Lisa agreed to move out.
The charges against Techel are first-degree murder, a Class A felony carrying up to a life sentence, and a Class B felony charge of nonconsensual termination of a human pregnancy, punishable by a sentence of up to 25 years.
Readers may review the complete arrest affidavit online at www.ottumwa.com.
Ottumwa
July 31, 2012
Techel’s lawyer asks judge to file subpoena against county attorney
Defense suspects unreported documents
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