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Defense seeks more data in Anderson case
Jul 25, 2012 - By Martin Reed, Staff Writer
The attorney representing the ex-financial manager charged with embezzling from from Star-Tech Inc. and Precision Analysis in Riverton wants more information about the charges in order to build his client's defense.
In his July 23 motion, on behalf of Gerald "Gary" Emil Anderson Jr., attorney John Schumacher wrote that "in order to prepare his defense, the Defendant needs more specific information regarding the crimes for which he is being charged."
The motion for a bill of particulars filed in Lander's 9th District Court arrived as Anderson awaits his arraignment that will offer his first opportunity to enter pleas to his charges.
The Fremont County Attorney's Office filed charges against Anderson on May 22 alleging embezzlement totaling more than $2.5 million.
The former Fremont County School District 25 board chairman and high-ranking leader in the Church of Jesus Christ of Latter-day Saints remains in jail on a $250,000 bond following his arrest May 30.
Rather than allowing a Circuit Court judge in Riverton to weigh probable cause in his case, Anderson waived a preliminary hearing July 11 that bound his case over to District Court for further proceedings.
In conjunction with Anderson waiving his hearing, the prosecution dismissed two counts of conspiracy to commit felony larceny.
His remaining charges include four counts of felony larceny and three counts of obtaining goods by false pretenses. The active charges carry a maximum punishment of 70 years in prison and $70,000 in fines.
The criminal charges follow civil litigation launched by Star-Tech proprietor Charles Starks and Precision Analysis owners Cory and Heidi Fabrizius in 2010 that accused Anderson of embezzlement.
At the conclusion of a seven-day trial in Lander last December, a jury found that Anderson had taken close to $1.5 million while working as the companies' financial manager. The jury also determined Scott Anderson owed Precision Analysis $20,000 for company funds he improperly obtained.
In his request, Schumacher noted the document's purpose is to "make more specific the general allegation in the information to enable the defendant to prepare his defense and avoid being surprised at trial."
"The charges against the Defendant are alleged to have covered hundreds of transactions" over a decade and "appear to have occurred within the same time frame and involve the same facts," Schumacher said.
He noted that while under oath, Starks said he gave Anderson "unfettered authority to issue checks, to pay bills, make payroll, borrow funds from banks and private individuals, deposit and withdraw personal and corporate funds, open and close accounts with financial institutions, and operate lines of credit with various lenders."
Starks and his family members signed more than $1 million worth of checks to Anderson, "and it is unknown whether the State or Charles Starks are now alleging these funds were stolen," Schumacher stated.
The Fremont County Attorney's Office did not immediately responded to Schumacher's motion.