Federal District Judge David Campbell today denied a motion to dismiss the indictments against white supremacist twin brothers Dennis and Daniel Mahon, who are charged in connection with the 2004 package bombing of Scottsdale's Office of Diversity and Dialogue Director Don Logan.
Lawyers for the Mahons alleged that the pair's Fifth and Sixth Amendment rights had been violated because of the actions of MCSO detention officers at the Fourth Avenue Jail, where the Mahons are being held. Daniel Mahon's lawyer Barbara Hull stated in her motion that MCSO staff asked Daniel questions about the bombing without counsel being present.
Dennis Mahon's federal public defender Deborah Williams joined the motion to dismiss, contending that an MCSO guard by the name of John Hansen "walked into Dennis Mahon's cell and asked him to autograph a book on the Oklahoma City bombing." She also suggested this was part of an effort "to arrange a meeting with Dennis Mahon." This, in spite of the fact Dennis had already invoked his Fifth and Sixth Amendment rights in writing.
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Williams informed me via e-mail that me the book Hansen supposedly wanted signed was Others Unknown: The Oklahoma City Bombing Conspiracy by Stephen Jones. Jones was the chief defense counsel for Timothy McVeigh, the ex-Army soldier found guilty and executed for the 1995 bombing of the Alfred P. Murrah Federal Building in Oklahoma City. Dennis Mahon is mentioned in the book.
Unfortunately, I was busy covering this morning's announcement by ICE concerning the 287(g) agreements, so I couldn't make the hearing. Ultimately, Judge Campbell didn't buy the defense attorneys' arguments. He ruled from the bench, rejecting efforts to end the case against the Mahons and to have them moved to a federal detention facility. The court later followed up with a message on the docket, noting the denial of the motion to dismiss.
Both Mahons are charged with conspiracy to damage buildings and property by means of explosives. Dennis Mahon is also charged with malicious damage by means of explosives, and distribution of information as related to explosives. The indictment states that the object of the brothers' conspiracy was to "promote racial discord on behalf of the White Aryan Resistance." W.A.R is headed by white supremacist godfather Tom Metzger, who now refers to W.A.R. as The Insurgent. He operates a Web site for The Insurgent at resist.com.