Ex-marshal’s arraignment postponed
September 13, 2007
Craig — An arraignment hearing for accused former Dinosaur town marshal Russell “Wayne” Eller was postponed Wednesday afternoon in Moffat County District Court.
Eller, a Steamboat Springs resident, is charged with three counts of attempting to influence a public servant, a class 4 felony. The charges stem from Eller allegedly falsifying his resume and misleading the Dinosaur town council in an attempt to sway votes for personal gain, according to the arrest warrant.
He appeared with his attorney, Charles Feldmann of Steamboat Springs, via teleconference Wednesday afternoon in Moffat County District Court. The formal charges were to be read against Eller during the hearing.
However, Feldmann requested a continuance because he hadn’t received all discovery materials from the 14th Judicial District Attorney’s Office.
Discovery is the procedure by which parties obtain relevant information and documents from the opposing side.
Feldmann said he and the District Attorney’s Office were not close to agreeing to a plea offer made earlier in the case.
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Eller was charged in May and made a first appearance July 3. He and Feldmann sought to have a special prosecutor appointed for the case, alleging inconsistent handling by the District Attorney’s Office.
The motion was denied during a July 25 hearing as was a separate Feldmann motion to lower Eller’s $10,000 bail bond.
A 30-page arrest warrant detailed several areas of contention between what Eller reported on his resume and what District Attorney’s Office investigator Joe DeAngelo found during a probe into the ex-marshal’s background.
Eller is scheduled to appear next at 2 p.m. Oct. 22.