Judge acquits former attorney of fraud, racketeering charges

KANSAS CITY, Mo. -- Former J.C. Nichols Co. attorney Charles Schleicher was acquitted of racketeering and fraud charges after a federal judge found insufficient evidence for a conviction.

U.S. District Judge Ortrie Smith's ruling Friday brought an abrupt end to a three-week trial that was expected to continue for at least two more weeks.

Smith's ruling came in response to a 46-page acquittal motion filed by Schleicher's attorneys Wednesday at the close of the government's case.

"Suffice it to say this morning that I find the defendant's arguments have merit," Smith said. "And I do not believe that the evidence in this case is sufficient to sustain a conviction for the offenses charged."

Members of Schleicher's family, including his seven grown children, clapped and cheered as the 71-year-old Schleicher embraced his attorneys, Jim Wyrsch and Chuck Patterson.

Schleicher declined to comment afterward. But Wyrsch and Patterson said the decision was "a real vindication" for their client because he was innocent.

Two others convicted

Chris Whitley, a spokes-man for the U.S. attorney's office, said prosecutors were disappointed and thought the case should have been allowed to go to the jury.

"But we respect Judge Smith's opinion and will move on, having obtained convictions against the other two defendants," Whitley said.

The other defendants were former Nichols Co. Chairman and Chief Executive Lynn McCarthy and former Nichols Co. Chief Financial Officer Walter Janes. Each pleaded guilty earlier this year to a charge of racketeering conspiracy and testified for the prosecution in Schleicher's trial.

The two are awaiting sentencing. Both face up to four years in prison, but prosecutors have agreed to recommend lesser sentences in return for their cooperation.

A federal grand jury indicted Schleicher, McCarthy and Janes in February 2000, accusing them of defrauding the Nichols Co. of more than $150 million in cash and property.

Schleicher and his law firm provided legal counsel to McCarthy and the Nichols Co.