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40 °F Forecast | Road Cams Thursday, January 27, 2005 Today's News | Classifieds | Autos | Homes | Jobs | Tempo | Health | Community | Home Delivery SECTIONS Home Page Local News Sports Business Obituaries Life Opinion - Politics Tempo AP News Weather Classified Archives Site Map SPECIAL SECTIONS Since We Asked Outdoor Journal Menu Guide How To Guide Wellness Connection Readers' Choice Real Estate Showcase Real Estate Guide Joy Magazine Homelife Magazine Wedding Guide Passport to the Rogue Valley EXTRA Newspaper in Education Personals Movie Times TV Times E The People Volunteer Opportunities Moving to Southern Oregon? MARKETPLACE Find a Car Find a Home Find a Job Classifieds Place an ad eSouthernOregon Automotive Communities Entertainment Publications Recreation Calendar CUSTOMER SERVICE Frequent Questions Advertising Information Home Delivery Employment Contact Us Media Kit Network Affiliate Oregon Road Conditions & Cams Email Story to a Friend October 28, 2004 Jack Lee Harelson, left, listens with his attorney, Bob Abel, as a jury�s verdicts are read Wednesday in Harelson�s murder-for-hire trial in Jackson County Circuit Court. Mail Tribune / Roy Musitelli Harelson jury splits on guilty verdicts He’s acquitted on some murder-for-hire counts, but jurors convict him on firearms possession By SARAH LEMON Mail Tribune A hung jury will likely force murder-for-hire suspect Jack Harelson to a new trial. Deliberating for 10 hours over two days, jurors could not decide if Harelson plotted to kill Lloyd Olds or Oregon State Police Lt. Walt Markee. A Brookings resident, Olds sold Harelson shares in a Nevada opal mine. Markee was the chief investigator in Harelson’s 1996 conviction for looting American Indian graves in Nevada. Harelson was acquitted of soliciting the murders of now-retired Josephine County Judge Loyd O’Neal, who presided over his 1996 trial, and business associate Richard Ledger, who died before Harelson’s January 2003 arrest. Jurors did find the Grants Pass resident guilty on two counts of being a felon in possession of a firearm. Tape-recorded conversations between Harelson and undercover police informant Brian Doland constituted much of the prosecution’s evidence. But the tape recorder’s failure during Harelson’s last meeting with Doland was a major factor in the trial’s outcome, said Harelson’s defense attorney, Bob Abel. "The missing tape combined with the credibility of the informant — those were the key issues in the case, and obviously, the jury wasn’t convinced," Abel said. Advertisement While Harelson, 64, testified Monday that his tape-recorded comments were all a joke, Abel argued that police entrapped his client. Jurors were split 6-6 over charges of attempted aggravated murder, conspiracy to commit aggravated murder and two counts of solicitation for murder, which pertain to Olds and Markee. "It’s just another chapter in the Jack Harelson story for me," Markee said. Markee began the undercover operation in 2002 to find out if Harelson was still illegally digging for ancient artifacts. The investigation shifted when Doland heard Harelson say he wanted to kill several people. Police decided their informant should offer Harelson a hit man. Investigators say Harelson paid for Olds’ murder in black opals, and detectives asked the intended victim to go along with their plan. They faked Olds’ death, and Doland delivered a Polaroid of the scene to Harelson, who laughed and said "One down, three to go," according to Doland’s testimony. But Doland’s tape recorder unexpectedly stopped, police said. His testimony was the only proof jurors had of Harelson’s reaction to the photo. Abel argued that the informant himself shut off the tape recorder to protect his job. Since 1999, Doland has helped police clear 93 cases, making approximately $65,000. He still has a federal drug charge pending. Doland’s credibility was not an issue, said Tim Barnack, deputy district attorney for Jackson County. The informant helped police buy two guns from Harelson, charges on which he was convicted, Barnack said, adding that the jury may have needed further explanation of several legal concepts involved in the other charges. The jury’s instructions indicated entrapment is not a defense if police merely give the suspect an opportunity to commit a crime. Prosecutors argued that Harelson had plenty of chances to call off Olds’ murder. Barnack — who jointly tried the case with Josephine County District Attorney Clay Johnson — said he would push to bring the four unresolved counts to trial before the end of the year. "It’s difficult, but this was a serious case and still is a serious case," Johnson said. Harelson returned to jail Wednesday, but Abel said he would try to secure his client’s release. Showing virtually no emotion upon hearing the verdict, Harelson was stunned, Abel said. Olds, 63, and his wife, Bonnie, said they were shocked at the verdict and worried for their safety if Harelson goes free. "I just can’t believe it, knowing him as I know him," Bonnie Olds said. "He’s not joking; he’s a get-even person." However, Harelson likely will remain in custody, Barnack said, because he is wanted on federal charges connected to grave looting. He likely will serve probation for the firearms convictions and last week’s guilty pleas to the abuse of two Indian corpses, Abel said. Before his 1995 arrest, Harelson removed the heads of two Paiute children he dug out of Nevada’s Elephant Mountain Cave. The skulls were missing until December 2002 when Harelson gave them to Doland, who turned the bones over to police. Reach reporter Sarah Lemon at 776-4487, or e-mail [email protected] Mail Tribune Home Local News | Sports | Business | Obituaries | Life Opinion - Politics | AP News | Archives | Site Map E Southern Oregon | Classified Copyright © 1997-2005 Mail Tribune. All rights reserved. Privacy Policy | Terms & Conditions Website Feedback ADVERTISERS A D V E R T I S E R S SPECIAL SECTIONS Auto Finder Job Finder Home Finder Joy Magazine Homelife Magazine Tempo Readers' Choice Real Estate Showcase Since We Asked Outdoor Journal Moving to Southern Oregon? Volunteer Opportunities Student Loan Consolidation Conference Calls - $50/Month Home Security Systems Trunks, Footlocker, Trunk, Footlockers