Harelson defense will rely on entrapment

Over a morning cup of coffee, Jack Harelson examined the Polaroid of his old enemy lying in a shallow grave. He laughed and laughed.

"One down, three to go," Harelson said, tossing the photo into the fire.

But the alleged conversation between Harelson and the police informant who arranged the staged murder of Lloyd Olds was never caught on tape, prosecutors admitted Wednesday. They presented opening arguments for Harelson’s attempted murder trial in Jackson County Circuit Court.

Prosecutors told jurors they will just have to believe the testimony of Brian Doland, a man who agreed to work for the government after he went to prison for cooking methamphetamine.

An easy friendship developed between Doland and Harelson months before the undercover informant stumbled onto a murder-for-hire plot, prosecutors said. The two coincidentally met to discuss American Indian arrowheads before Doland ever had an inkling of Harelson’s past.

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Convicted in 1996 of stealing ancient artifacts from government property, Harelson wanted to "take out" the four people who brought him down, said Clay Johnson, Josephine County district attorney. When police heard that an intended victim was one of their own, they decided to step in, he said.

Doland had been working with Oregon State Police investigator Walt Markee to find the missing artifacts that helped lead to Harelson’s 1995 arrest. The trooper dug up the headless corpses of two Paiute Indian children in the yard of Harelson’s Grants Pass home. But the skulls remained missing for eight years. They resurfaced with the alleged plot against Markee’s life.

Police heard tales of Harelson’s pot hunting from Olds and Richard Ledger, two former partners in a Nevada opal mine who had a falling out with Harelson, Johnson said. Loyd O’Neal, the Josephine County judge who presided over Harelson’s 1996 trial, also was on the kill list. In response to Harelson’s claim that he was just an amateur archaeologist, O’Neal called him a thief, Johnson said.

"That stuck in Mr. Harelson’s craw," he said.

Although Harelson refused to meet with the fictional hit man — dubbed "Evan" by police — he sealed the deal through Doland, Johnson said. As payment, Doland took $10,000 in opals from Harelson and told him that Lloyd Olds was dead with one phone call.

Police showed up at Olds’ Brookings home and gained his help with the plan. Officers took Olds into the woods, buried him up to his neck and snapped the picture that would end up in Harelson’s hand with his morning coffee, Johnson said.

Police entrapment will be Harelson’s defense. His attorney, Bob Abel, also has moved for the case’s dismissal based on "outrageous conduct" by the federal and state governments.

Harelson is charged with attempted aggravated murder, conspiracy to commit aggravated murder, four counts of solicitation for murder and two counts of being a felon in possession of a firearm. If convicted, he will spend a minimum of 10 years in prison.

Harelson also awaits sentencing on two counts of abusing a corpse. He pleaded guilty to the crimes Tuesday to keep jurors from hearing about his possession of the Paiute children’s skulls.

The defense will present opening statements today. The trial is scheduled to run through Oct. 29.

Reach reporter Sarah Lemon at 776-4487, or e-mail slemon@mailtribune.com.