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Bonner County fraud suspect to challenge arrest

KEITH KINNAIRD/Hagadone News Network | Hagadone News Network | UPDATED 10 years, 7 months AGO
by KEITH KINNAIRD/Hagadone News Network
| May 5, 2015 9:00 PM

SANDPOINT - A Bonner County man fighting extradition to California to face fraud charges is challenging the legality of his arrest, court records show.

David Mark Gaynor is expected to file a writ of habeas corpus, a legal recourse used to challenge the lawfulness of an arrest. On Friday, Bonner County Magistrate Court Judge Debra Heise gave David Mark Gaynor 10 days to draft the writ.

Gaynor, 52, was arrested at a Sandpoint bank in March for obstructing an officer by refusing to disclose his real name. Gaynor denies that is his legal name, although an FBI fingerprint analysis is at odds with that assertion.

Gaynor, who identifies himself as David Fink in court documents, was arrested in March while attempting to access a large sum of money at Columbia Bank under the name of David Mark Carter.

Gaynor was originally wanted on charges of unlawful use of identifying information, burglary and forgery in San Diego County. But authorities in San Diego County stepped aside so he could first be prosecuted in San Bernardino County on three counts of procuring or offering false or forged instruments, court records show.

Search warrants were executed at homes in Sandpoint and on Schweitzer Mountain that Gaynor has resided in. Gaynor contends police wrongfully seized $73,180 in cash, according to court documents. Computers and cellphones were also seized.

Gaynor alleges that authorities in Idaho and California are engaged in an "illegal asset forfeiture scheme," according to a handwritten brief Gaynor wrote to the court. He's also threatening to sue his court-appointed attorney in U.S. District Court for ineffective assistance of counsel.

Gaynor said he has been diagnosed with a rare and debilitating nerve disease and sheriff's officials are denying him access to treatment or medication.

"Doctors advised that failure to obtain treatment will result in the loss of the use of my legs," Gaynor wrote.

Since his arrest, governor's warrants from California has been filed demanding Gaynor's return to California for prosecution. The misdemeanor obstruction charge against Gaynor has since been dismissed, according to the Idaho Supreme Court Data Repository.

Gaynor has also filed a $500,000 claim for damages against the city and the county for colluding with authorities in California to strip him of his assets.

ARTICLES BY KEITH KINNAIRD/HAGADONE NEWS NETWORK

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