Engle says she can not get a fair trial in Otoe County

By Dan Swanson
Posted Jul 28, 2010 @ 09:59 AM
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Former Nebraska City stockbroker Rebecca Engle is asking the district court to move her trial elsewhere claiming she can not get a fair trial  here.

Engle, 55, is also asking the court to dismiss three of the eight counts charging her with securities fraud involving the start-up Florida companies American Capital Corporation and Royal Palm.

Engle’s attorney Steven Achelpohl filed a motion to move Engle’s trial saying “all of the judges of Sarpy and Otoe counties have disqualified themselves… because presumably they themselves know about the case, know somebody involved in the investments or had read something about the investigation.”

He said Engle worked for the company Engle & Schuster, which had a trade area covering the entire eastern third of the state.

“Significant publicity has occurred in connection with this case,” Achelpohl said. “A fair trial cannot be had in any county in eastern Nebraska.”


Engle is also asking the district court to dismiss three counts against her saying prosecutors have not identified her clients correctly.

One county names Louis Stukenholtz, but the sale of Royal Palm Capital Group was actually to the Louis D. Stukenholtz Profit Sharing Plan, the motion says.
Similarly, other counts identify Billy Walters rather than the Billy Walters Trust and Harry or Veletta Janssen rather than the Veletta Janssen Trust.

Hearings on Engle’s motions have been scheduled Sept. 30 and Oct. 1.
 

Former Nebraska City stockbroker Rebecca Engle is asking the district court to move her trial elsewhere claiming she can not get a fair trial  here.

Engle, 55, is also asking the court to dismiss three of the eight counts charging her with securities fraud involving the start-up Florida companies American Capital Corporation and Royal Palm.

Engle’s attorney Steven Achelpohl filed a motion to move Engle’s trial saying “all of the judges of Sarpy and Otoe counties have disqualified themselves… because presumably they themselves know about the case, know somebody involved in the investments or had read something about the investigation.”

He said Engle worked for the company Engle & Schuster, which had a trade area covering the entire eastern third of the state.

“Significant publicity has occurred in connection with this case,” Achelpohl said. “A fair trial cannot be had in any county in eastern Nebraska.”


Engle is also asking the district court to dismiss three counts against her saying prosecutors have not identified her clients correctly.

One county names Louis Stukenholtz, but the sale of Royal Palm Capital Group was actually to the Louis D. Stukenholtz Profit Sharing Plan, the motion says.
Similarly, other counts identify Billy Walters rather than the Billy Walters Trust and Harry or Veletta Janssen rather than the Veletta Janssen Trust.

Hearings on Engle’s motions have been scheduled Sept. 30 and Oct. 1.
 

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