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Government will pursue trial for Kellington By Chris Bristol EUGENE � A federal judge has once again dismissed obstruction charges against Medford attorney Daniel Kellington, and once again the government has vowed to pursue the case until they get a new trial. The veteran attorney, who faces 18 months in prison, has been in hot water with federal prosecutors since 1994, when he was accused of being overly helpful on behalf of a business client. Kellington�s client turned out to be an international drug trafficker on the lam from federal authorities. A federal jury later convicted Kellington of tampering with evidence in the case, setting off a legal "roller coaster" of government appeals when U.S. District Judge Michael Hogan, for the first time in his 23 years on the bench, tossed the verdict. The government appealed and the 9th U.S. Circuit Court of Appeals reinstated the verdict, but Hogan instead ordered a new trial. The government appealed again, but the court agreed with the judge the second time around. On Monday, Hogan dismissed the government�s original 1995 indictment on a technicality. On Tuesday, federal prosecutors filed intent to appeal, pending permission from the U.S. Justice Department in Washington. "This is Kellington, Round 3," said Portland attorney Norm Sepenuk, who is representing Kellington on appeal. "It�s a damn shame for Dan�s sake, it really is. He�s a truly fine person, and it�s just a shame that he�s been on this roller coaster." Assistant U.S. Attorney Frank Papagni said that he will seek a new indictment if the appeal fails. Kellington�s troubles began in 1994, when a business client he had previously known only as Robert Parker was arrested by U.S. marshals. Parker�s real name was Peter Scott Christopher MacFarlane, and he had been a federal fugitive for 10 years, having failed to surrender to federal authorities in Vermont on a conviction of smuggling more than 1,000 pounds of hashish into the United States. He had been sentenced to a 15-year prison term. Federal authorities said MacFarlane, a native of Scotland, was a kingpin in an international drug-smuggling ring. While Kellington�s client, MacFarlane was a Table Rock Road driftboat builder. At his client�s request, Kellington instructed one of MacFarlane�s employees to retrieve a number of assets from MacFarlane�s home and destroy an envelope. The employee was detained at the scene by federal agents, who then arrested Kellington. Federal agents said one of the items the employee retrieved was a briefcase containing $20,000 in cash. The envelope (which the employee reportedly tried to burn at Kellington�s direction) contained financial documents and a checkbook used by MacFarlane under a different alias. During trial, Kellington insisted he never realized he might be destroying evidence. Prosecutors argued he knew or should have known better. The jury sided with the government, but Hogan tossed out the verdict, ruling the evidence only showed that Kellington acted carelessly but not criminally. While the case languished on appeal, a trial panel of the Oregon State Bar dismissed disciplinary charges against Kellington. The attorney had practiced law since 1965 without a blemish on his record. The panel ruled that Kellington believed his client�s request was business-related and that he was guilty only of being "somewhat naive." Reach reporter Chris Bristol at 776-4487, or e-mail [email protected] Mail Tribune Home | Ottaway Newspapers, Inc. | Dow Jones & Co., Inc. | Privacy | Contact Us Copyright � 2001 Mail Tribune, Inc.