Another reason for concern, they say, is a book seized as it was being delivered to Wade in the Anchorage jail. The book, "Hacksaw," is about a celebrated convict who escaped from prisons, jails and chain gangs 14 times.
As a result of these developments, prosecutors say in a new court filing they are withdrawing from an agreement to provide witness names and supporting materials to the defense months before the trial.
"Defendant has overtly put in question the safety of witnesses, the integrity of their information, and their willingness and availability to testify," assistant U.S. attorneys Steve Skrocki and Stephen Cooper write in the court document.
The defense says that threatens a fair trial for Wade and claims prosecutors are making too much out of too little.
The defense contends the prosecution could find itself in a Ted Stevens-like debacle if it doesn't provide the witness information up front. After a jury convicted Stevens on charges of failing to disclose gifts, the government admitted withholding evidence, including a witness statement, and U.S. Attorney General Eric Holder had the case thrown out.
Wade is accused of torturing and killing nurse practitioner Mindy Schloss, a neighbor in Sand Lake. Prosecutors say the crime involved "a brutal assault, abuse, and execution-style murder." They are seeking the death penalty. The trial is scheduled for March 2010.
By Dec. 1, defense lawyers want the list of lay witnesses -- people who are not experts and aren't in law enforcement -- as well as copies of their statements to authorities. Prosecutors originally agreed to hand over the list by Jan. 12 but now say they don't want to provide information so far in advance about anyone who might be targeted by Wade.
Under a federal law cited by prosecutors, they don't have to provide their witness list in a capital case until three days before the start of the trial, and don't have to reveal even then the names of people whose safety is in question.
The letter at issue is under seal and not available to the public but both sides refer to it in their court filings.
Prosecutors said it was dated June 21 and addressed to "Nate," whom they call a criminal associate of Wade's, recently released from jail.
Wade tells Nate about two people. He gives Nate the address of one and says the person is a "major suspect of being a lying rat in my case," the prosecutors wrote. He said he had beaten up the other person mentioned in the past and wanted to know where that person was, calling him "a way-too-potential rat!"
As to "Hacksaw," the prosecutors said that "a book of this ilk is serious cause for concern on the part of the government as it promotes escape attempts and could install fear in witnesses who are cooperating with the government."
These are a bunch of overblown concerns, says defense lawyer Suzanne Elliott of Seattle.
The prosecution failed to provide evidence to back up the contention that Nate is a criminal associate, she wrote in her response.
Likewise, nothing suggests the past altercation had anything to do with a trial or witness, the defense wrote. As far as the defense knows, the other person involved is not a witness in the current case.
"The Government's motion also contains the inflammatory and unfounded claim that Mr. Wade's choice of reading material demonstrates he is a danger to witnesses," the defense document says.
Wade has mainly been in solitary confinement at the Anchorage jail. "Thus, in order to pass the time, he has read many books," Elliott wrote.
The government has seized two: "Hacksaw," by Edward R. Jones, and "Villages," by John Updike.
"While there may be debate about whether 'Hacksaw' is a particularly good book, it is, in the end, a cautionary tale about criminal activity, escape and the influence of prison on the inmates," Elliott wrote. Jones acknowledges that all those escapes got him right back where he started, in prison, facing more time than ever.
Anyway, the government listens to Wade's telephone calls, segregates him from other inmates and screens his mail and books. With such close monitoring, he cannot be a threat to anyone, the defense says.
The way the government wants the case to proceed guarantees delays during the trial and maybe a mistrial, the defense contends.
The judge set a hearing on the matter for Aug. 26.
Meanwhile, the defense and the prosecution also are arguing over Wade's marriage last year to a woman the prosecution wants to call as a witness. The prosecution says the marriage was a sham done over the phone to keep his purported wife, Lisa Andrews, from testifying against him.
The defense responded that telephonic wedding ceremonies are allowed in Alaska. The couple married to ensure they could visit while Wade was in prison, no matter where he was confined, the defense said.
Sure, maybe the two have a volatile relationship but that doesn't mean the marriage should be declared void, the defense said.
"Apparently, in the Government's view, the only 'true' marriage is one that exhibits complete domestic harmony," the defense says. "Were that the case, few marriages in the world would survive the Government's test for 'fraud.' "
Find Lisa Demer online at adn.com/contact/ldemer or call 257-4390.
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