U.S. Magistrate Judge Cheryl Zwart said she interpreted Trail's letter, which hasn't been made public, as frustrations over being housed in Leavenworth, Kansas, and how that has made it more difficult for him to communicate with his court-appointed attorney in Lincoln.
"Am I correct in interpreting it that way?" she asked Trail, who sat at the defense table in orange Saline County jail clothes, his arms and legs in chains. "Yes, your honor, but," Trail started before Zwart cut him off. "Do not say anything at this time that is going to incriminate you. But go ahead," she said. Trail said: "I try to never incriminate myself."
But, he said, given that just 19 days remain until his scheduled trial in the fraud case and disagreements with his attorney, Korey Reiman, remain on the direction the case should take, he wanted to try to learn the rules of evidence in the jail's law library and represent himself.
Trail said if he is kept at the jail in Wilber he has access to all the books he would need. He said he knows his behavior there was an issue before, but if he's allowed to stay he will be on his "best behavior." "They will not have a single problem out of me," he said.
At the end of Wednesday's hearing, the judge decided not to make a decision yet so Trail has time to discuss the case with Reiman.
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