OGDEN -- A judge has scheduled a hearing to consider finding in contempt of court one of the three Trece lawyers from the just-
completed trial on the Ogden Trece Injunction.
At the conclusion of the trial this week meant to decide if the injunction cracking down on the street gang should be made permanent, 2nd District Judge Ernie Jones announced he was considering finding defense attorney Mike Boyle in contempt for his behavior before and during the trial.
Contempt can be enforced with a fine or jail time, and Jones said he was considering jail time for Boyle.
Jones complained that on several occasions during the Trece trial Boyle simply left the trial for hearings in other courts in the building, and one day was 90 minutes late.
"No apology, no explanation ...there are at least six attorneys involved in this trial, and you just get up and leave," Jones said.
He also chided Boyle for not appearing at a May 4 motion hearing on the case. "We called your office and no one knew where you were."
The judge set a June 26 contempt hearing for Boyle.
Boyle aftewards issued a statement, saying that while he and Trece attorneys Randy Richards and Mike Studebaker had several gang members each as clients, they acted as co-counsel.
"From the start of this case ...our clients' interests have always been aligned and without conflict," Boyle said. "Unlike a criminal case where conflict can arise between co-defendants as to guilt or responsibility -- no such conflict existed in our defense."
He said for that reason Richards and Studebaker were fully capable of defending the case, and pursuing the clients' joint interests.
Jones' decision on the Trece injunction question is expected in coming weeks. Jones asked Boyle for a convenient date for the contempt hearing.
Boyle selected the June 26 date as far enough out it that it likely would not interfere with the judge's final decision on the injunction.