(Spirit Lake)– Trial for a Spirit Lake man accused of holding a woman against her will is still scheduled to start January 22nd…but a new technicality has arisen.
A pre-trial conference for Wade Gardner was held on Thursday in Dickinson County District Court. During the conference, the state requested a hearing on a possible conflict of interest as the result of defense attorney Michael Johnson representing both Gardner and Robert Hurd. Hurd is listed by the state as a witness in the Gardner case and he’s being represented by Johnson in an unrelated felony case. Judge David Lester granted Gardner permission to speak with an outside attorney regarding the potential conflict of interest. A report of that meeting will be made and filed…at which time Judge Lester will issue a ruling on the matter.
On another issue, Judge Lester has ruled against a defense request for an order forcing the withdrawal of County Attorney Ned Bjornstad from the case.
A final pre-trial conference for Gardner is set for January 17th.
