CORRECTION: Though court minutes list a defense witness as being called Tuesday, the prosecution has not rested its case in the DBSI trial.
A hearing has been scheduled Monday in the halted DBSI fraud trial, but court officials wouldnt say Friday whether the hearing will be open to the public.
I dont know at this time whether its going to be sealed (closed) or open, said Kirsten Wilkinson, chief deputy of operations for U.S. District Court.
Prosecution and defense attorneys met with Chief District Judge B. Lynn Winmill on Friday morning. The meeting was not listed in a court calendar and did not appear in the online case file. Wilkinson declined to explain the legal justification for holding the private meeting without an opportunity for the public to attend.
The revised schedule comes after the death of an FBI agent who investigated officials from Meridian-based Diversified Business Services and Investments.
Ada County Coroner Erwin Sonnenberg confirmed Thursday that Rebekah E. Morse, 34, died of a self-inflicted gunshot to the head. A call reporting the death at a residence in the 7000 block of South Bogus Ridge Way came in to the Ada County dispatch center shortly after 8 a.m.
Morse testified for the prosecution in the criminal trial on Tuesday and Wednesday, according to court summaries.
DBSI President Douglas Swenson, company attorney Mark Ellison, and Jeremy Swenson and David Swenson company secretaries who are sons of Douglas Swenson are accused of conspiracy, fraud and money laundering. They are charged with a combined 89 criminal counts.
The defendants are accused of mismanaging money paid by investors and of hiding the company's true financial shape as it teetered toward bankruptcy in 2008. DBSI, founded in 1979, offered investments in shopping centers and office buildings and managed the buildings in exchange for a guaranteed payback of between 6 percent and 7 percent.
During Morse's appearance in court Tuesday, lawyers spoke with Judge B. Lynn Winmill outside the jury's presence, according to minutes entered into the case's official docket. Defense attorneys had sought access to her written notes, but Winmill ruled that prosecutors were not required to share the notes with the defense.
Morse's death threw the jury trial into limbo. As of Thursday evening, it was not scheduled to resume within the next week, according to a court calendar.
Attorneys in the case would not comment.
"The FBI mourns the loss of our friend and colleague, SA Rebekah Morse," said Special Agent William Facer from the FBI's Salt Lake City Division, which covers Idaho, Utah and Montana.
The Statesman's Cynthia Sewell, Katy Moeller and Audrey Dutton contributed. John Sowell: 377-6423, Twitter: @IDS_Sowell