Pierre man must help pay for defense

By Chet Brokaw, Associated Press Writer | Thursday, May 18, 2006

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PIERRE — Brad Reay of Pierre must begin paying part of the cost of the lawyer appointed to defend him against charges he murdered his wife, a circuit judge ruled Wednesday.

Circuit Judge Kathleen Trandahl said Reay can keep his court-appointed lawyer, who is paid at county expense. But beginning in June, Reay must pay $1,000 a month to help cover the cost of his defense, the judge said.

Prosecutors alleged that Reay has been trying to hide his assets so he would not have to help pay legal expenses. Court documents said Reay made phone calls and sent letters from jail indicating that he was trying to hide assets so they could not be seized to help pay his legal costs.

A document completed by Reay during a hearing Wednesday indicates he may have net assets of $80,000 or more. But his court-appointed lawyer, Tim Rensch, said most of those assets are not available to Reay because they are tied up by a legal claim made by the estate of Reay’s wife.

Reay also pleaded not guilty Wednesday to alternate counts of first-degree murder and first-degree manslaughter for killing his wife, Tami Reay, in early February. The charges were in a new indictment that replaced an earlier one.

Reay could be imprisoned for life if convicted on either charge.

Tami Reay’s nude body was found Feb. 9 near Lake Oahe after a co-worker told police she did not show up for work.

Hughes County State’s Attorney Timothy Maher had asked that Trandahl rescind the appointment of Reay’s court-appointed lawyer or require him to complete an application that would include details of his financial situation.

Reay on Wednesday completed that application. He has an estimated $2,000 to $4,000 in cash, retirement accounts, a house and several vehicles, and tools and other belongings.

However, loans for the home and some vehicles are not yet paid off, Rensch said.

The assets are worth an estimated $240,000, but debt on the home and other items is about $162,000, Rensch said. That leaves a net value of nearly $78,000.

Rensch said Reay also claims to have some baseball cards, including some of Mickey Mantle, that could be worth up to $70,000. Reay said those cards were in a closet in his Pierre home, but they have not been found, Rensch said.

If Reay had to hire a lawyer privately, he would have to pay a retainer of at least $50,000 and maybe as much as $150,000, Rensch said.

“He’s in a situation where he doesn’t have access to anywhere near that,” Rensch said. “For that reason, we would request the court allow him to have court-appointed counsel.”

Maher said Reay apparently has substantial assets he could liquidate to help pay his legal costs, particularly if the baseball cards exist. Reay should be required to pay so the county does not have to foot the entire bill for his defense, the prosecutor said.

Maher said Reay should be required to provide more details about his assets, including more information on where the baseball cards are located.

“He has asked for county assistance,” Maher said. “If he wants that help, he has an obligation for full disclosure.”

Rensch said a separate civil lawsuit has been filed by Tami Reay’s estate. The lawsuit seeks the family’s assets, and a court order in that case prevents Brad Reay from liquidating any of those assets, he said.

“While he looks good on paper, he’s far from the type of guy who can go hire a lawyer,” Rensch said.

Chief Deputy Attorney General Mark Barnett, who is helping prosecute Reay, said Reay obviously does not have enough money to pay for his own lawyer all the way through a trial. But Reay should be required to spend his own money before the county has to take over that expense, he said.

Trandahl said Reay qualified to have a court-appointed lawyer, but he will have to help pay for that lawyer by contributing $1,000 a month. Reay also must provide a lot more details about some of his assets and what have been done with them, she said.

The judge said evidence filed in the case indicates Reay has tried to move property for the benefit of his son and daughter and to prevent the money from being used to pay for his own defense.

His twin brother, Bret Reay, has pleaded not guilty to being an accessory to a felony. Prosecutors have said he tried to mislead those who are investigating his brother.