This past week we saw all of the co-defendants be arraigned on the new federal indictment, US District Court of Oregon Case No. 06-60011-AA (the AA stands for Ann Aiken, the federal judge that has been assigned to the case).
This new indictment supercedes (or replaces) any or all preexisting indictments. All of the cases have been combined into this one "conspiracy" prosecution. The feds have dismissed all of the previous case filings. If a defendant was previously subpoenaed for a grand jury, the subpoena is null and void upon their indictment and they don't have to show up to testify in front of the grand jury.
The trial dates were set for October 31st through November, 2006. This is a first guess as to when a trial will occur. Between now and then defendants may be filing motions, severing defendants, or taking plea agreements that will negate the need for a trial (though any defendant could still be called as a witness by the feds or their co-defendants, and likely will be).
Last week we also saw a flurry of successful detention hearings where Kendall Tankersly (Sarah Harvey), Daniel McGowan, Suzanne Savoie, and Jonathan Paul were all released on strict conditions pending their trial dates. Congratulations to them and their hard working families and friends. However, two non-cooperating defendants still remain in custody. Chelsea Gerlach is still in custody because she is currently unable to raise the assets to satisfy the court's requirements for her release. She has a really outstanding attorney and firm working for her, but it will be difficult to secure her release at this point. Darren Thurston is also still in custody. Darren has an INS hold on him as a result of his Canadian citizenship. Even if the Court were to order him released pending his trial, INS would then detain him pending his conviction or acquittal. It is likely he will remain in custody pending trial. Make sure you visit the support sites set up for these two folks that are presumed innocent until proven guilty by a jury of their peers. These detention hearings were an ear-full--the informants have been busy providing the feds with additional detailed information that is often disclosed in small part during these hearings--of course the vast majority of confidential disclosures are not made public but it seems clear the feds are not done issuing arrest warrants and indictments. More fun to come.