San Diego

The judge in the fraud trial of Nancy Hoover Hunter said Friday that he is “beginning to agree” with defense attorneys who believe they are entitled to see all the statements made by convicted swindler J. David (Jerry) Dominelli.

U.S. District Judge Earl B. Gilliam set a special hearing for Monday afternoon, at which attorneys on both sides will present arguments concerning the release of several depositions Dominelli gave to FBI officials in 1986.

Assistant U.S. Atty. S. Gay Hugo told Gilliam she will object to the defense request.

Since before the trial began in late March, Hunter’s attorneys have been objecting to prosecutors’ unwillingness to turn over documents, including Dominelli’s statements. Although federal prosecutors have released to the defense several documents related to interviews with Dominelli, they have resisted handing over other statements.

It is believed that Dominelli, who is not on the prosecution witness list, made statements that both incriminate and exonerate Hunter in terms of her knowledge of the giant J. David Ponzi scheme. However, the documents have never been released, and attorneys on both sides are prevented from commenting because of a sweeping gag order put in place by Gilliam.

Hunter is facing a 234-count indictment in federal court, which alleges that she played an active role J. David & Co., which defrauded about 1,200 people out of as much as $90 million. Defense attorneys are trying to show that Hunter was blinded by her love for Dominelli and unaware of his illegal activities.