|
The attorney representing a couple accused of swindling more than $3
million out of a family argues in a Tuesday motion that a prosecutor
made “false” and “reckless” statements that misled a judge at their bond
hearing.
On the same day, Chief Assistant District Attorney
Alonza Whitaker motioned for a judge to examine whether attorney Frank
Martin’s representation of Michael K. Bleckley and Phillis M. Bleckley
of Richland, Ga., is a conflict of interest.
Martin, who
represents the couple who owns the Warm Springs restaurant The Bulloch
House, said Whitaker told Muscogee County Superior Court Chief Judge
John Allen misstatements at a Sept. 4 hearing that “obviously influenced
the trial court to assess an unreasonable and excessive bond of
$1,500,000 per defendant.”
Whitaker said his information came
from investigators and that he stands by it.
Martin states that
Whitaker told the judge that Michael Bleckley had a $1 million offshore
account, owned an airplane and had a pilot’s license. All are false,
Martin said, adding that Bleckley last owned a plane about two years ago
and that he couldn’t have a valid pilot’s license because he doesn’t
have a medical report that would authorize one.
“We’re real upset
about the way this was handled because the judge was misled,” Martin
said. “Nobody can post a bond like that.”
Charges against couple
The Bleckleys are accused of using MKB Capital Management to take
$3,408,703 from the Kim family that runs Mikata Japanese Steakhouse and
Sushi Bar, claiming to have invested it with good returns. They met with
the Kims quarterly to present financial reports, at one point stating
that a terrorist attack in the Middle East had increased the return on
investments, Whitaker said.
When the Kims tried to collect their
money, the Bleckleys changed their company name and said the money had
gone into a software research firm expected to bring in a return of $18
million, the prosecutor said.
In his motion asking for an inquiry
into whether there’s a conflict of interest, Whitaker states that
Martin’s representation of both the Bleckleys could affect his duty to
use his professional judgment for each client.
“It’s hard for
Frank to say, ‘One is not as guilty as the other’ if you’re representing
both,” Whitaker said. “There’s always different degrees of culpability.”
Martin said the Bleckleys’ defense aren’t in conflict with each
other and that there isn’t a basis for prosecutors to complain.
Attorney John Martin, Frank Martin’s son, filed a motion with the court
Tuesday to become Phillis Bleckley’s attorney. Whitaker said he made no
distinction in a potential conflict when attorneys from the same firm
represent different defendants.
A hearing on the potential
conflict is scheduled for noon Friday before Superior Court Judge Doug
Pullen.
|