DURAN TRIAL TO START MARCH 16

WHITE HOUSE SHOOTING SUSPECT'S LAWYER MUM ON INSANITY PLEA

By Toni Locy
Washington Post Staff Writer
Wednesday, November 30, 1994

A federal judge set a March 16 trial date yesterday for Francisco Martin Duran, the Colorado man accused of trying to kill President Clinton in October.

U.S. District Judge Charles R. Richey told prosecutors and Duran's defense attorneys that he will adhere to a strict schedule and that he expects the trial to be completed by March 31. "Two weeks is more than sufficient time," Richey said. "This is not a complicated case."

Richey also pressed Duran's lawyer, public defender Leigh Kenny, to reveal whether she intends to use an insanity defense in the case. Kenny said she still is not ready to say.

Kenny said there are many witnesses in Colorado and other western states, as well as Hawaii, that she needs to interview. She said many of them may have relevant information about Duran's actions before the Oct. 29 shooting attack on the White House.

Duran, 26, served in the Army in Hawaii before he was sent to prison for aggravated assault with a vehicle and drunken and disorderly conduct. He was dishonorably discharged.

Last month, he was arrested by Secret Service agents after he allegedly opened fire with a Chinese-made semiautomatic rifle on the White House from Pennsylvania Avenue NW. He was tackled by two tourists as he fumbled with a clip allegedly in an attempt to reload the weapon.

In addition to the attempted assassination charge, Duran also is accused of weapon violations, destruction of government property and assaulting four Secret Service agents by firing at them as they tried to make their way toward him across the White House lawn.

The judge also postponed ruling on a request by The Washington Post, the New York Times and NBC to make public a letter allegedly written by Duran that was found in his truck after the shooting. Richey said he will not rule on the media request until he has seen the defense motions and the prosecution reply. Those motions are due Jan. 6 and Jan. 20, respectively.

Prosecutors cited the letter in requesting a mental competence evaluation of Duran. U.S. Judge Magistrate Judge Deborah A. Robinson reviewed it and then ordered a brief evaluation this month.

The defense opposes the release of the letter, arguing that it would infringe on Duran's right to a fair trial.

Assistant U.S. Attorney Eric A. Dubelier estimated that the government would call as many as 25 witnesses at trial. Kenny resisted saying how many witnesses she would call and instead estimated her case would take a week to present.

Kenny said the government so far has turned over two large boxes of evidence to her. They include photographs, videotapes and 2,000 to 2,500 documents, she said.