Sue Hartigan <[EMAIL PROTECTED]> writes:


Trial of Whitewater's Hale Delayed
 
>           LITTLE ROCK, Ark. (AP) -- Whitewater figure David Hale,
>           who tried unsuccessfully to delay a state trial through
>           appeals, will get a week's reprieve because he was
>           admitted to a hospital with complaints of chest pain.
> 
>           Prosecutors were visibly shaken at the delay, which
>           came an hour before the scheduled start Thursday of
>           Hale's trial on charges of lying to state insurance
>           regulators.
> 
>           Pulaski County Circuit Judge David Bogard delayed the
>           trial a week, saying it could take a day or two for
>           doctors to evaluate Hale.
> 
>           Prosecutors initially were suspicious of Hale's
>           hospital stay and worried that word of his illness
>           could sway jurors.
> 
>           ``We don't like it. We think it's advantageous to the
>           defense,'' Prosecutor Larry Jegley said.
> 
>           Hale went to Baptist Medical Center complaining of
>           chest pains, shortness of breath, faintness and
>           numbness in his arm, said defense lawyer David Bowden.
> 
>           Hale, 56, had a device implanted in his chest last
>           summer to regulate an irregular heartbeat.
> 
>           ``He has very serious health problems,'' Hale lawyer
>           Tona DeMers said. ``It is a very unstable, critical
>           condition.''
> 
>           A hospital spokeswoman said she couldn't release Hale's
>           condition.
> 
>           The delay posed scheduling problems for the
>           prosecution. One state witness had traveled from
>           Tanzania and was to take the 37-hour return flight to
>           Africa on Saturday. Both sides discussed the
>           possibility of videotaping the witness's testimony in
>           Hale's hospital room.
> 
>           Hale, a key witness in the 1996 Whitewater trial of
>           James and Susan McDougal and then-Gov. Jim Guy Tucker,
>           is accused of lying to insurance regulators about the
>           solvency of a burial insurance company the state says
>           he owned.
> 
>           Hale pleaded guilty in the Whitewater investigation in
>           1994 to fraud and served 28 months in prison. He had
>           argued that immunity granted in that case in a plea
>           deal protected him from state trial, but his appeals
>           were not successful.
> 
>           If convicted of the state charge, Hale could face up to
>           eight years in prison and be fined as much as $5,000.


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