Months after Gwen Bergman learned that an ex-con had pretended to be her attorney during her murder-for-hire trial, a real attorney was assigned to her case Monday.
Bergman was initially represented by Howard O. Kieffer, a former prisoner who faked his way through federal courtrooms throughout the country for at least a decade.
Now Denver lawyer Martha Eskesen will take on Bergman’s case. Bergman is hoping for a mistrial. She was convicted of trying to kill her son’s father in 2004 by hiring a hitman on the Internet.
Meanwhile, in a Bismarck, N.D., courtroom, Kieffer pleaded not guilty to mail fraud and making false statements.
Prosecutors tried to persuade a judge to raise Kieffer’s bond from $25,000 to $200,000 by arguing that Kieffer did not disclose all of his assets during his first court appearance.
Kieffer did not inform the court that he has a home and business in Santa Ana, Calif.
Assistant U.S. Attorney Drew H. Wrigley also argued that Kieffer could continue his scheme while out of custody.
“The defendant has demonstrated that he is willing to take large sums of money from individuals claiming he is a lawyer and has the right to represent them and file documents in courts throughout this country when in fact he has neither the education, training, or the appropriate licensing to do that and thus is a continuing danger to the public,” Wrigley wrote.
U.S. Magistrate Judge Charles S. Miller Jr. denied the request to raise Kieffer’s bond but added a condition that Kieffer stop promoting himself as a legal expert.
“Defendant may not represent to any individual, or any court, that he is an attorney, or ‘Sentencing Consultant’ authorized to represent or file documents for any individual in any court proceeding,” Miller wrote.
Kieffer applied to represent Bergman in U.S. District Court in Denver and was admitted because court officials did not check his credentials.
He remains under federal investigation for representing Bergman and other defendants across the country.
Records show Kieffer represented 16 clients in 10 federal jurisdictions, mostly filing post-conviction motions on behalf of prisoners.
The Denver Post found Kieffer was not licensed to practice law and did not graduate from law school.
Kieffer has since admitted that he only graduated from high school and is not a licensed attorney.
During Bergman’s trial, Kieffer questioned and cross-examined witnesses, but closing arguments were conducted by co-counsel EJ Hurst II, a licensed attorney from Maryland.
Hurst requested removal from Bergman’s case because she has accused him of knowing about Kieffer’s lack of law license. He has denied it.
Prosecutors have hinted that Hurst’s presence during her trial might be enough to sustain her conviction.
She faces 10 to 20 years in federal prison.
Felisa Cardona: 303-954-1219
