Drug Conviction Thrown Out, Attorney Called "Ineffective"

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Des Moines, IA - (AP) - A federal judge has vacated a drug conviction against a millionaire Iowa accountant who prosecutors said handled drug money for the Sons of Silence motorcycle gang.

U.S. District Judge Robert Pratt ruled Monday that Russell Schoenauer's defense attorney - James Martin Davis of Omaha, Neb. - gave ineffective assistance to Schoenauer during his 2002 drug conspiracy trial.

The 59-year-old from Waukee was indicted in 2001. He received a 17-year prison sentence on the drug charges and a 10-year sentence on gun charges. The Des Moines Register reports he could be released from a South Dakota prison as soon as 2012.

Federal agents alleged that Schoenauer was the gang's national treasurer and he was accused of supplying members of the Sons of Silence with drugs and weapons. Schoenauer insisted he was innocent, and in August his new attorney argued at a hearing that Davis Pratt, who also oversaw the 2002 trial, ruled Monday that Davis didn't research records that could have better explained millions of dollars in unexplained income attributed to Schoenauer.

However, Davis defends his work in the case and said he asked for all evidence that would have helped Schoenauer.

"The failure to disclose the evidence was egregious, but I didn't do it," Davis said.

U.S. attorney's office spokesman Mike Bladel said federal prosecutors are reviewing the ruling.

At the time Schoenauer was indicted, authorities froze his estimated $12.5 million in real estate holdings and $1.5 million in other investments.

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