Motions hearing delayed

Accused ex-marshal makes first appearance

— Former Dinosaur town marshal Russell "Wayne" Eller, accused of falsifying his resume and work records, made his first appearance in Moffat County Court on Tuesday.

Eller, 56, of Steamboat Springs, is charged with three counts of attempting to influence a public servant, a class 4 felony. The charges stem from Eller's brief employment with Dinosaur, a small town 90 miles west of Craig.

During his appearance Tuesday, attorneys in the case were scheduled to argue two motions - including a defense motion to appoint a special prosecutor. However, the hearing was continued at the request of Eller's attorney, Charles Feldmann, of Steamboat Springs.

Moffat County Court Judge Sandra Gardner continued the hearing until July 25.

Deputy District Attorney Ed Veronda said the judge would hear the motions at the rescheduled date.

Last month, Feldmann filed motions to remove the 14th Judicial District Attorney's Office from the case for inconsistent prosecution and appoint a special prosecutor. He also asked that Eller's bail bond be lowered, citing his client's good standing in the community as evidence against him being a flight risk.

Veronda filed a motion earlier this week countering Feldmann's request to have the district attorney's office removed. The motion, Veronda wrote, fails to prove "the defendant would receive an unfair trial, or that the district attorney has a personal or financial interest in the case."

Eller remains free on bond.

He worked as Dinosaur's marshal from March to June 2006, when he was fired.

Prosecutors allege Eller falsely reported law enforcement and education qualifications on his resume and misled the town council in an attempt for personal gain.

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