Trading federal custody for the Ritz

Suspect to stay at fancy hotel, for now

By Sara Burnett, Rocky Mountain News (Contact)

Published January 26, 2008 at 12:30 a.m.

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Dana West spent much of the past five years in federal custody, a mentally troubled man accused of plotting to blow up government buildings.

Now West is a free man with a new court-ordered address - the just- opened Ritz-Carlton, one of Denver's swankiest hotels.

West, a 55-year-old former printing business owner, chose the location, along with his attorneys and with the approval of the federal probation department.

It's a temporary address until he can find a home, and West is footing the bill himself.

In an order granting West's release on $20,000 bail, U.S. District Judge Wiley Daniel said West may not move from the hotel at 1881 Curtis St. without permission from probation, which must approve any move at least 10 days before West packs his bags.

West also must refrain from alcohol, drugs or possessing a firearm, stay away from any victims or buildings he is accused of targeting, and participate in any psychiatric treatment recommended by pretrial services, Daniel wrote in the order signed Thursday.

West posted bail late Thursday and was turned over to Denver County, where he had to appear in court for a previous marijuana charge, said Ken Deal, chief deputy U.S. marshal for Colorado.

He still was in Denver's custody Friday, a jail employee said.

West, who has college degrees in mathematics and computer science, was arrested in March 2003 by members of the Denver Joint Terrorism Task Force. He was later indicted on charges of solicitation to commit destruction by explosion and attempted destruction by explosion, court records show.

FBI agents said West tried to recruit prison inmates to kill a judge and paid an undercover agent $200 to build explosives to blow up the Denver City and County building.

Prosecutors claimed the Denver man was angry with the government for seizing his Washington Park home in a small-scale drug bust.

At the time, West had $150,000 in his bank account, a judge said.

West's attorney, Walter Gerash, said at the time of his arrest that his client was the victim of entrapment by an FBI agent, and that he hadn't actually committed any violent act.

"It's just talk," Gerash said shortly after the 2003 arrest. "He's a gentle person who never harmed a fly."

West struggled with mental health questions for much of his time in federal custody, according to court records.

He has been known to send long, handwritten letters to Daniel, usually signed "Abraham," the name he called himself.

In one letter, West offered to provide a 200-page, handwritten "dissertation" on what had occurred in his case. In another, he wrote, "to some very large extent, I feel the ball to be in my court."

He then added, "Tennis anyone?!"

Yet this is not the first time West has been released.

In May 2006, defense attorneys argued West already had been detained much longer than the maximum 24-month sentence he would have faced under a plea deal discussed with the government.

Prosecutors disagreed, and asked Daniel to hold hearings to have West determined dangerous and subject to civil commitment, court records show.

But Daniel denied the request, and ordered West be placed on home confinement and monitored with an electronic ankle bracelet.

West was arrested again in March 2007 after prosecutors said he violated conditions of his release, including a requirement to undergo mental health treatment.

Earlier this month, West's attorneys filed another motion for his release.

Prosecutors again objected, unless West was ordered to live in a community corrections center.

Another competency hearing was held, and on Tuesday, Daniel ruled West is now competent to stand trial.

On Thursday, he issued the order granting West be released.

West's defense attorneys still are working with the U.S. Attorney's Office on a plea deal, court records show.

West could not be reached for comment Friday. His defense attorney, Harvey Steinberg, did not immediately return phone calls.

burnetts@RockyMountainNews.com or 303-954-5343

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