Charges Dismissed in Threats Against Bush and Reagan

A federal judge dismissed charges Thursday against a Glendale man accused of threatening President Bush and former President Ronald Reagan after ruling the indictment against him was too vague.

But U.S. District Court Judge Terry Hatter ordered Karl Robert Schmidt, 44, to remain in federal custody because the government may refile charges against him. A bail hearing will be held Monday.

A jury had been sworn in for the trial of Schmidt, indicted on two counts of making threats against Bush and one count each of threatening Reagan and his wife, Nancy.

A federal complaint and Secret Service affidavit contended that Schmidt called the White House on Nov. 9 and said he was “sick and tired of what Bush is doing” and that he was “going to blow the President’s brains out.”

The complaint said Schmidt called the Secret Service in Los Angeles and made similar statements, including threats against the Reagans. The conversations were recorded, and Schmidt allegedly admitted to Glendale police that he had made the threats, according to the complaint.

But the indictment did not specify the nature of the statements that Schmidt allegedly made or indicate when they were made--whether during one of the phone conversations or at the police station, Schmidt’s attorney successfully argued.

“Unless the government can make a specific claim against a person, it shouldn’t bring a case,” attorney Mary Gibbons said after the dismissal. “The indictment simply said Karl Schmidt threatened the President.”

Assistant U.S. Atty. Nathan Hochman said he told Hatter in court Thursday which specific statements or phone calls were being prosecuted.

“His action today was to grant a mistrial based on an indictment which did not provide enough details,” Hochman said in an interview. “We believe the indictment sufficiently advised the defendant of what threatening statements he made . . . and it is our contention that each count sufficiently stated the threats.”

Hochman refused to comment on whether the government would file new charges. Hochman and Gibbons said that Hatter on Thursday said he did not expect double jeopardy--the unconstitutional prosecution of a person twice for the same crime--to occur if a new indictment was sought.

But Gibbons said she will raise the question of double jeopardy if new charges are filed against Schmidt.

Hochman said he will request on Monday that bail be denied. Schmidt has been in custody without bail since Nov. 9 at the Metropolitan Detention Center.

In an interview Thursday, Gibbons said Schmidt, disabled with a back injury, called the White House and Secret Service because he had not received benefits promised to him by the Social Security Administration.

She said Schmidt made statements against Bush and Reagan but that they were made out of “frustration” and did not constitute an actual threat.