New Court Management System Rolls Out MagicValley.com: June 22- Benton Smith TWIN FALLS • Office employees of the Twin Falls County Courthouse sacrificed their weekend to enter data and scan files in preparation for the new court management system Odyssey. Odyssey will replace the 25-year-old Idaho Statewide Trial Court Automated System featured around the state and became live in Twin Falls County Monday. Twin Falls is the first county in the state to switch to the new program — a pilot for what was called the “most significant transformation for all court records and business practices” by the Idaho Judiciary Branch in a report to Gov. C.L. “Butch” Otter. “A brand new system with brand new functionality, it’s an all-new world for us,” said Wendy Scott, the Twin Falls Courthouse records department team leader. This is the beginning of a five-year plan that will transition all courts in the state to an electronic court record system. In Twin Falls, courthouse employees such as Scott have been working the past few years to scan images of archived and current cases for the electronic file. Access to these electronic files will mean judges no longer need physical copies at their workbench and will access the information digitally through their program Session Works. “Judges will be on their bench without hard copies,” Said Kristina Glascock. “They will access it through a large touch screen called an All In One.” District Judge Richard Bevan and Magistrate Judge Calvin Campbell will be the first two to pilot the program. Within three to six months all Twin Falls County judges will join the program as they complete the one day of required training. The plan is for citizens to be able to access many of the electronic files through an online program called Portal but as of Friday it was unclear when the records would become available. “For the last handful of years we’ve been scanning archived files and current files, but those aren’t going to be available right away via the portal,” Scott said. The documents that have been scanned for the electronic filing system have not been through a redaction process. Scott said there are privacy concerns for all partially sealed cases and for documents that still have Social Security information, addresses, and other private information they don’t want in the public’s hands. This doesn’t mean citizens will be without any access to the court records; all of the paper copies have been retained. “The one thing for people to keep in mind is that nobody is going to have issues getting access to files,” Scott said. “We don’t plan on going paperless for at least a few months so people will be able to come in and request the case files still.” Twin Falls switching its court management system to Odyssey is the first move to create a connected system through all of Idaho’s counties. The old system included 44 different installations making data sharing between counties difficult. Many counties volunteered to be the launching point for the system but Twin Falls County was chosen by the Idaho Supreme Court. “The Supreme Court chose to make this the pilot for the program due to the size of our county, our location to Boise, and they were impressed with our employee practices,” Glascock said. Ada County will be the next to adopt the program in the fiscal year 2016. In 2017’s fiscal year the rest of the Magic Valley and western Idaho counties will transition, followed by northern Idaho. Eastern Idaho counties will be the last to join the system. It is a long process that will bring lots of changes to the storage and retrieval of court records, but one the state hopes will improve data sharing and conform practices across all courts. “A lot of things are yet to be seen,” Scott said. “We are trying to see just what it will mean for us.”

Judge finds Homeland Security in violation of open-records law Lewiston Tribune: June 22- Mike Carter/ Seattle Times A federal judge has found "egregious" violations of the Freedom of Information Act by the Department of Homeland Security for failing to respond to a request for information about the telephone costs for immigrant detainees. U.S. District Chief Judge Marsha Pechman, in an order issued Thursday, chastised the department and U.S. Immigrations and Customs Enforcement for ignoring Prison Legal News' FOIA request for information about how the agency determines telephone-call rates for detainees. The FOIA was part of a larger, mostly successful effort by the advocacy group to control the costs that prison systems and telephone-service contractors charge inmates to make phone calls. Pechman noted Homeland Security failed to respond to the first FOIA request in July 2013, even though the law says an agency must provide an initial response within 20 days. Failing to do so opened the agency up to a federal lawsuit, the judge noted. A second FOIA request in December also went unacknowledged. Prison Legal News sued in April 2014. In September, ICE responded with a heavily redacted response that did not disclose a key "performance incentive rate" in a phone-provider contract, which Pechman concluded had been improperly withheld. Pechman pointed out that it took 361 days since the first FOIA letter for DHS and ICE to turn over the first batch of documents, and that it took "several months" for the agencies to finish. "The Court finds the delay in responding to Plaintiff's request to be egregious," she wrote, and awarded Prison Legal News reasonable attorneys fees and costs for pursuing the lawsuit. The U.S. Attorney's Office in Seattle, which represented the agencies, said Friday it was reviewing Pechman's order and had no comment.

Former Hot Topic Manager Gets Probation MagicValley.com: June 23- Benton Smith TWIN FALLS • The Hot Topic manager who police said stole $1,634 over the course of a year was sentenced Monday to two years of probation. After Hot Topic conducted an investigation, Brittny Ann Anderson, 25, was initially charged with two counts of grand theft. Court documents said Anderson pulled items from the store and rang them up as returns then she would write fake names and addresses for the return receipts and pocket cash from the register. “I do feel a lot of regret and I will do everything in my power to make it as right as I can,” Anderson said. District Judge Randy Stoker handed down the sentence in Twin Falls County District Court. Anderson’s defense attorney asked Stoker to withhold judgment on the case to protect her record and to help with financial aid applications since Anderson said she wanted to attend classes at the College of Southern Idaho. The state said that judgment should not be withheld because future employers should have the chance to see the nature of this crime to protect themselves. “I will not withhold judgment in this case for the reason articulated by the state,” Stoker said. Anderson was ordered to pay $774 in retribution through $50 monthly payments starting in September. As part of her probation Anderson will also write and submit a report detailing every assistance program in Twin Falls. “If this was truly a crime you committed because you needed help and didn’t know what to do it is time you educate yourself,” Stoker said.

Judge disqualifies self from Elkins murder case Idaho State Journal: June 23- Debbie Bryce POCATELLO — The two men charged in the stabbing death of Lric Elkins on June 5 were in court for a consolidation hearing Monday. It was also decided that a new magistrate judge will preside over the case. Jesse Whitewolf Bruce, 25, is charged with second-degree murder in the case, and Tyrell Owen Dixey, 31, is charged as a principal to murder. Bannock County Deputy Prosecutor Zach Parris said a motion was made Monday to consolidate the preliminary hearings for both men into one. Parris said witnesses and information presented in both cases will be nearly identical. He also said the motion to consolidate will affect only the preliminary hearing — not their trials. Sixth District Magistrate Thomas W. Clark disclosed that he had been the judge on call June 5 and had issued search affidavits and detention orders in the case. Clark also disclosed that as a Boy Scout master, he serves with Bannock County Coroner Kim Quick but said he had not discussed the case with Quick. While Clark said he believed he would still be able to act without bias in the case, he left it up to the two defense attorneys to decide if he should disqualify himself. Clark left the bench, and John Souza, who is representing Dixey, and Randy Schulthies, Bruce’s attorney, voted to determine if the judge should pass the case to another judge. At least one of the lawyers asked that Clark excuse himself. As a result, future hearings, including the motion to consolidate, will be rescheduled in front of a magistrate judge other than Clark, Parris said. Police were called to an apartment complex at 139 N. Grant Street at about 3:30 p.m. on June 5 after someone reported seeing a man in a bloody bathtub. The caller also said individuals from the apartment were looking for a tarp. Bannock County Prosecutor Steve Herzog said that once inside the apartment, police located Bruce and Dixey along with two females in the bedroom with what appeared to be Elkins’ body stuffed into a trash can. At that point, officers secured the scene and obtained a search warrant for the residence, Herzog said.

Boise, Twin Falls Trial Lawyers Honored MagicValley.com: June 23/ Statesman SUN VALLEY | Timothy C. Walton and Dennis Voorhees received top honors at the Idaho Trial Lawyers Association’s annual convention earlier this month. Walton, from Boise, was named James J. May Trial Lawyer of the Year, while Voorhees, from Twin Falls, received the association’s Professionalism Award. Walton was honored for his dedication to the practice of law, his active community involvement, and his commitment to the preservation of the civil justice system, the association said in a written statement. Walton received his law degree from the University of Idaho College of Law , graduating cum laude in 1977. In recent years, Walton has primarily focused on obtaining justice for victims of childhood sexual abuse. He and his longtime law partner, Andrew Chasan, have represented 130 such survivors in a case against a Roman Catholic religious order in the Northwest. The Oregon Province of the Society of Jesus, known as the Northwest Jesuits, agreed in 2011 to pay $166 million to more than 500 victims of sexual abuse. The settlement was one of the largest abuse settlements by the Catholic Church. Walton and Chasan, the association’s 2014 recipient of the Professionalism Award, currently represent alleged victims of childhood sexual abuse in a case against the Boy Scouts of America and The Church of Jesus Christ of Latter-day Saints in federal court in Idaho. Walton has also served as a mediator in over 700 personal injury cases and is a past president of the Idaho Trial Lawyers Association. The award is named after ITLA’s founding member and first president, retired 5th District Judge James J. May. The Professionalism Award given to Voorhees, is named after renowned Idaho plaintiff’s lawyer Walter H. Bithell of Boise. It recognizes commitment to integrity, excellence and professionalism as a lawyer for all clients, colleagues, judges and legal staff members. Voorhees, a New Jersey native, has been practicing law in Idaho since 1978 and is a sole practitioner. He is certified as an elder law attorney and as a certified estate law planning specialist. He also serves as the Idaho representative for the Special Needs Alliance, a group of attorneys who specialize in the establishment of trusts for people with disabilities. He also serves on the Idaho Supreme Court Committee on Guardianships and Conservatorship. He and his wife, LeNee, have seven children. The association is a voluntary statewide bar association dedicated to justice for all Idahoans and the improvement of the administration of justice. The group’s 43rd annual convention was held June 5 in Sun Valley.

Idaho Court Rules on Boise Doctor with Revoked License MagicValley.com: June 23 BOISE (AP) | The Idaho Supreme Court has ruled that a Boise child and adolescent psychiatrist violated state law by having improper sexual contact with two former patients. However, the state's highest court in a ruling Monday sent the case back to the district level, ordering the Board of Medicine to reevaluate stripping Pines' medical license. "While it is true that Pines conducted himself in a reprehensible manner, taking advantage of young men with troubled pasts, a tribunal does not the give the impression of impartiality when it employs heated rhetoric and denunciations," the justices wrote. The board filed the complaint in 2012 citing abuses going back to 2011. Pines denied wrongdoing, but the board eventually revoked his license. The Department of Health and Welfare also revoked his foster-parent license. Originally, the board argued that Pines abused four former patients and had a three year affair with an adult patient. Criminal charges were never filed. The court only agreed that Pines had sexual misconduct with two out of the four patients, arguing that there was no evidence the other two men were patients as defined by Idaho law. According to the board, Pines told young men he needed to practice giving massages to naked bodies to maintain his medical license and improperly touched them, including one who was 14. Pines acknowledged taking naked pictures of another patient who was about 14 while they were at Pines' cabin in Garden Valley and acknowledged taking money to that patient before Pines was interviewed by Boise police in March 2011. "Dr. Pines' egregious conduct was so corrupt and degenerate as to shock the conscience," the board wrote in its original complaint. Attorneys for Pines and the board did not return phone calls by The Associated Press. Pines had been licensed to practice medicine in Idaho since June 1997 and worked at several places including Boise Public Schools and Saint Alphonsus Health.

Supreme Court finds conflict between state constitution and Idaho law, allows drug evidence to be admitted Idaho Statesman.com: June 23- John Sowell The Idaho Supreme Court unanimously found Monday that under state law Alesha Ann Green should not have been taken to jail, following an October 2012 stop for driving with an invalid license. However, the justices found the arrest was legal under state and federal constitutions and overruled an Ada County judge who refused to allow evidence implicating Green, now 37, for illegal drug possession. The drugs were discovered, along with digital scales, paraphernalia and a large amount of cash, during searches of her person, her vehicle and a hotel room following her arrest. Fourth District Judge Melissa Moody at trial ruled that Green’s arrest was “unlawful” and therefore the search evidence could not be used. The state appealed the decision and the Supreme Court’s ruling will send the case back to the trial court. On appeal, the state argued that the state statute that prohibits the misdemeanor arrest for driving on an invalid license should not trump a provision in the Fourth Amendment to the U.S. Constitution that would allow such an arrest. State lawyers said that because the Fourth Amendment and Article I, Section 17 of the Idaho Constitution are nearly identical regarding arrest standards, the state constitutional provision should be interpreted the same ass the federal constitution. The court ruled that an arrest for a misdemeanor offense was proper under both the state and federal constitutions and that laws enacted by the Idaho Legislature could not be considered part of the “constitutional standard” for what constitutes a legal arrest. “To hold otherwise would essentially allow the Legislature to amend the Idaho Constitution by the process of a statutory enactment or amendment,” Justice Jim Jones wrote in the 15-page decision. Justice Warren Jones agreed with his colleagues but said he was troubled that Green had no recourse “after being subject to an arrest and search in violation of a plainly worded statute.” While he said it was “highly unlikely” the Legislature contemplated that an arrest made in violation of the state law could be used as the basis for a search, Warren Jones blamed lawmakers for passing the law without consideration of the constitutional conflict. “While it is mind-bending to label the search here as one incident to a ‘lawful’ arrest when the arrest plainly violates Idaho law, the Legislature failed to expressly include the constitutional remedy of suppression of evidence to cure a violation of the arrest statute,” Warren Jones wrote. He said it was disconcerting that people who commit a misdemeanor in front of a police officer could be arrested and searched the same as Green. “My underlying purpose in writing ... is to point out that ordinary, law-abiding citizens should be mindful that they too can be subject to all the accoutrements of arrest (i.e. fingerprinted, photographed, searched) for committing any misdemeanor in an officer’s presence, including those specifically prohibited by the Legislature,” he wrote. “The arrest and booking process is invasive, time consuming, and embarrassing. This invasion of a citizen’s rights in violation of the statute, even though not prohibited by the Constitution, is difficult to justify.” Green is incarcerated at the South Boise Women’s Correction Center, following conviction in two other Ada County drug trafficking cases. She is scheduled for a parole hearing in November 2018 and could be released the following spring if she wins parole. Otherwise, she is scheduled to remain in prison until 2016.

Groups clash in court over Columbia River Basin salmon plan Idaho Statesman.com: June 23- Gosia Wozniacka/ AP PORTLAND, ORE. — Federal authorities defended their latest plan for mitigating damage to salmon and steelhead imperiled by hydroelectric dams in the Columbia River Basin. In oral arguments in U.S. District Court on Tuesday, the government argued its approach is resulting in more salmon surviving at dams, juvenile fish migrating faster to the ocean and record numbers of fish returning to restored habitat. But conservation and fishing groups, Oregon and the Nez Perce tribe, which challenged the plan in court, said it's deeply flawed. They said it won't lead to the recovery of wild fish populations, because many have not achieved the promised benefits and are barely hanging on. Most of the returning fish were artificially bred in hatcheries. Thirteen species of salmon and steelhead are listed as endangered or threatened under the Endangered Species Act in the Columbia River Basin. The plan's various iterations have been litigated in court for more than two decades. The most recent plan — known as the biological opinion — was issued in 2008 to cover a 10-year period through 2018, and a supplemental plan was added in 2010. It was struck down in court in 2011 for depending too much on habitat improvements whose benefits are unknown. The plan's latest version was issued in January 2014. The groups in court clashed over which standard of recovery should be used to measure success. The federal government argued it can't cause additional risks or harm to the fish, and it has met that standard. The plan, said federal attorney Michael Eitel, isn't a plan for recovery. Rather, it asks whether fish will be "trending toward recovery." This means one year's returns must outnumber the previous year's, regardless of whether that eventually leads to recovery or when. But the plaintiffs argued the government has set the bar too low. They said because energy-producing dams are the main cause of fish mortality, the plan must do more to protect and recover them. "A growing species is not the same as a recovered species," said Todd True, an attorney with Earthjustice who represents environmental groups in the court case. What's missing from the plan, said True, is a definition of what constitutes recovery and when approximately it will be achieved. True criticized the uncertainty of habitat restoration, which is the plan's main tool to improve fish survival; other plan components include reducing the effects of hatcheries on wild fish and keeping predators at bay, as well as improving fish passage at the dams. Plaintiffs said habitat can't compensate for harm done in the "migratory corridor" where dams harm fish. Even where habitat has been restored, many fish populations don't replace themselves, said Stephanie Parent, the lawyer representing Oregon. Plaintiffs also said the government has not analyzed the effects of climate change and isn't taking any actions to mitigate for them. As a result, said Earthjustice attorney Steve Mashuda, it's hard to know how much climate change's effect could "erode or negate the predicted benefits" of government's actions to help salmon. Eitel, the government lawyer, said the magnitude and timing of climate change are poorly understood and its effects on species vary, so additional actions were not planned to offset its effect. Critics also said the current plan rolls back some of the spill ordered by U.S. District Judge James Redden 10 years ago. In 2011, Redden, who has since retired and stepped off the case, asked the government to consider whether removal of the four lower Snake River dams might be necessary — an action environmentalists have long called for, in addition to increased spill. The government says breaching dams isn't needed. Lorri Bodi, the Bonneville Power Administration's vice president of fish and wildlife, said it has not ignored the hydro system's effects — it has invested over $1 billion in improvements such as weirs and other types of fish passage, improving survival. Judge Michael Simon, who took over the case from Redden, did not indicate when he would rule. No matter what Simon decides, the current management plan will be in place just for another three years. Soon, the government will need to start discussing another biological opinion that would be put in place in 2018. Defense Aims to Throw Witness Out in Officer Assault Case MagicValley.com: June 24- Benton Smith TWIN FALLS • The defense has moved to block a witness in the trial of a man accused of swinging a hammer at police. Randy Scott Hill, 45, was charged with two counts of aggravated assault or battery upon certain personnel. Hill was arrested when an warrant was served March 17. Police said Hill told the officer that he would stab him in the neck if he came in. The police report said that when officers entered the house Hill was standing with a hammer in one hand and a pocket knife in the other. Prosecutors planned on calling Sgt. Brent Wright as an expert witness to describe the department’s “21 foot rule” which details how dangerous a suspect with a weapon can be at close range. Defense Attorney George Essma said that police witnesses who were at the house with Hill will have already been called and that this additional witness is not needed. “There is nothing this expert can tell the jury they don’t already know,” Essma said. “It’s just boot strapping.” Deputy prosecutor Stan Holloway said that Wright’s testimony would be pertinent because he has experience training officers about what to do in dangerous situations. “He will address about why the officers went into the house with their weapons not holstered,” Holloway said. District Judge Richard Bevan decided to wait to rule on Wright’s testimony until hearing what the officers involved with the case can say about their training themselves. “It still comes back to why can’t these police officers speak about how they have been trained,” Essma said. “They can.” Hill’s trial is scheduled to begin June 30.

Woman Could Serve Up to 10 Years in Officer Battery MagicValley.com: June 24- Benton Smith TWIN FALLS • A woman who repeatedly kicked an officer in the chest could be spending the next 10 years in prison. Denyse Lee Nimmo, 46, was sentenced to one to 10 years Monday in Twin Falls County District Court. A jury found Nimmo guilty of a battery of certain person charge April 16 but found her not guilty for the charge of driving under the influence. Nimmo was arrested Aug. 22 and taken to St. Luke’s Magic Valley Medical Center to have a blood alcohol test. Defense attorney Joe Rockstahl said that Nimmo had a blood alcohol level of 0.2 and an audio recording of the incident captured a doctor repeatedly telling Nimmo to stop kicking officer Matthew Ferronato. When the incident occurred, Nimmo was on probation for a previous incident. She was charged in 2006 in Ada County for aggravated driving under the influence and for resisting an officer. Prosecutor Jethelyn Harrington said Nimmo kicked the officer in that incident as well. “She is a person who simply refuses to take responsibility for her actions and will blame every one else no matter if her explanation is so porous as to be considered to be almost humorous,” Harrington said. District Judge Randy Stoker said he respects the jury’s decision of a not guilty plea for the drunken driving charge, but said that Nimmo has been an alcoholic for years and that the parallels between this case and the Ada County case were symptomatic of her problem. “You have a right to be extremely afraid right now because with one sentence I could put you in the Idaho State Penitentiary for the rest of your natural life,” Stoker said. “Had you been convicted of the felony DUI in this case we would have started at 10 years fixed and worked up, that is how serious I consider your alcohol problems.” Since the incident, Nimmo has served about 300 days in jail. That time can be applied to her minimum one-year sentence, making Nimmo eligible for parole in about two months. “I am sorry for what I’ve done and I apologize to officer Ferronato,” Nimmo said.

Witness recants testimony in lewd conduct case Coeur d’Alene Press: June 24- Keith Kinnaird/ Hagadone SANDPOINT - A key witness in a case where a Moyie Springs woman was convicted of lewd conduct is recanting the testimony she gave to a Bonner County jury. The witness advised Bonner County Prosecutor Louis Marshall on Wednesday that she was recanting her testimony against Heidi Julia Johnson, according to court documents. The recantation came two days before Johnson was to be sentenced on lewd conduct charges in 1st District Court. Johnson, 32, and her husband, Ernest "E.J." Ray Johnson III, were indicted by a Bonner County grand jury of repeatedly sexually abusing six children over the years. Heidi Johnson's parents, Frank and Diane Hankey, were indicted on a similar set of charges. The couples are accused of using the children as sexual playthings for themselves and others. All four of the accused have maintained their innocence. A jury convicted Heidi Johnson on three of the six lewd conduct charges following a four-day jury trial in April. Her husband and the Hankeys are awaiting trial. Marshall notified Heidi Johnson's counsel, Deputy Public Defender Dan Taylor, of the recantation on Thursday. "(The witness) told me that she wanted to change her story to say that nothing ever happened to her and she was treated well by E.J. Johnson and Heidi Hankey Johnson," Marshall said in a memo to Taylor. The recantation prompted Taylor to move for a new trial and caused the postponement of Heidi Johnson's sentencing on Friday. "Some unexpected issues have arisen," Judge Barbara Buchanan said during Friday's hearing. Taylor moved on Friday for his client to be released on her own recognizance, arguing that Heidi Johnson has attended every court hearing in the case when she was free on bond and has limited means. "I don't see where she could go or how far she could get," said Taylor. Marshall objected, saying a release without bond or on a low bond would be "dangerous" because she has been convicted of three offenses that could land her in prison for the rest of her life. "She clearly would be a flight risk at this point," said Marshall. Buchanan reduced Heidi Johnson's bail to $10,000, reasoning that such a sum would certainly lead to her apprehension if she were to flee. "A bondsman would find the person and bring them back," said Buchanan. In her recantation, the witness said she was pressured to make the allegations against the Johnsons and Hankeys by a parent. Marshall, however, doubts the truthfulness of the recantation, according to court documents. "To be very clear, it is my opinion (that) her recanted statement is not credible," Marshall said in his memo to Taylor. Marshall noted that the witness has been spending time with a person who is loyal to the Hankeys and that the Hankeys are accused of basically stalking the teen after Heidi Johnson was convicted. In a handwritten statement attributed the recanting witness in May, she called her alleged abusers "monsters" and said Heidi Johnson deserved a lengthy prison term. "I'm hoping she gets life in prison without a chance at parole," the witness, now 15, said in the statement. In an undated statement, however, the recanting witness urged Marshall to seek a 15-year prison term, court records indicate. A hearing on the defense motion for a new trial is set for Aug. 4.

Man sentenced to 10 years in prison on child porn charge Coeur d’Alene Press: June 24 COEUR d'ALENE - A Post Falls man was sentenced Tuesday in Kootenai County District Court to 10 years in prison for the possession of sexually exploitative material. William O'Connell, 39, was sentenced by Judge John Mitchell and pleaded guilty to the charge in April. According to a press release, O'Connell had multiple images and videos depicting young children engaged in sexually explicit conduct. On Dec. 10, 2014, investigators from multiple agencies executed a search warrant at O'Connell's residence. O'Connell was on probation for a 2009 conviction for possession of child pornography. He had served five years in a federal penitentiary and, according to the release, began viewing and downloading child pornography a week after leaving prison. Kootenai County Prosecutor Barry McHugh said in a press release that Mitchell recognized the seriousness of the offense, and O'Connell's inability to control his deviant impulses, when imposing the 10-year sentence. "Mitchell also recognized that the demand for child pornography is a primary factor causing the abuse of children in order to produce the videos and photographs viewed by people like O'Connell," McHugh said. "The sentence guarantees that O'Connell will not be released from prison for at least four years on the state charge, and then only if he can show the parole commission he can control his impulses."

Inmate files lawsuit over cab ride Lewiston Tribune: June 24- Ralph Bartholdt A 27-year-old Lewiston man who was a passenger in an uninsured cab that crashed while he attended a drug court program is suing Nez Perce County for an undisclosed amount, according to a complaint filed in 2nd District Court. The suit filed by Joshua A. Wright, who was booted out of Nez Perce County drug court for non-compliance last year, also names Idaho's Department of Correction, probation and parole, the city of Twin Falls, D and S Checker Yellow Cab and Courier, and a cab driver. Wright, who is represented by Lewiston attorney Paul Thomas Clark, charges he was involved in a one-car rollover crash while a passenger in a cab traveling from a southern Idaho treatment facility to a bus stop in Twin Falls Jan. 8, 2014. The cab, D and S Checker Yellow Cab and Courier, had been contracted by the county drug court team to transport Wright, according to the lawsuit. At the time of the crash, Wright was technically in the custody of the Nez Perce County Jail as a participant in the specialty court program, according to the suit. A month earlier, he relapsed by allegedly smoking methamphetamine while in a pre-release stage of Nez Perce County drug court, according to the 2nd District Court criminal file, and was almost kicked out of the program. Instead, the drug court team sent him to a southern Idaho treatment facility in January. Wright was traveling on the interstate highway in a cab whose driver he alleges was going too fast. The cab, a 2002 Dodge Caravan, was westbound on Interstate 84 near Jerome when the driver lost control of the vehicle and caused it to roll, resulting in injuries to Wright. Wright charges in the suit that the cab driver was a two-time convicted felon, which prompted the plaintiff to unknowingly violate the terms of his probation. "The state of Idaho, its Department of Correction, its Bureau of Probation and Parole and Nez Perce County were further reckless, willful and wanton ... (for putting Wright) into a vehicle with a known felon and in violation of (Wright's) terms of probation," according to the lawsuit. The city of Twin Falls, Wright alleges, issued the cab company a license despite knowing about the uninsured driver, and the company didn't carry adequate insurance. When Wright returned to Nez Perce County following his stint at the The Walker Center, court documents indicate, he failed to comply with drug court procedures. He was terminated in May 2014 from the drug court program. A court date on the lawsuit has not yet been set. Wright is in custody at the Idaho Correctional Institution at Orofino.

Meridian man who killed his father sent to prison Idaho Statesman.com: June 24- John Sowell Anthony W. Conner, 62, will be 80 before he’s eligible for parole in the beating death of his father, 87-year-old Otis Conner. Fourth District Judge Richard Greenwood sentenced the Meridian man Wednesday to 30 years in prison for delivering fatal blows to the back of his father’s head with the claw end of a hammer during a Jan. 3, 2013, attack. He must serve 18 years before he can seek parole. Conner showed no reaction as Greenwood sentenced him at the end of a two-hour hearing. “Otis Conner may have been elderly, but he was still full of life,” Greenwood said. He also sentenced Conner to five years for destruction of evidence, which will run concurrently with the murder sentence. The jury acquitted Conner of first-degree murder but convicted him of second-degree murder following a three-week trial that ended in mid-April. Defense attorney Michael Lojek, who represented Conner with Ransom Bailey, faulted Greenwood for giving the jury the option of convicting his client on the lesser charge if they could not find him guilty of first-degree murder. Conner may have been acquitted completely if jurors were not given that suggestion, Lojek said following the sentencing hearing. “We do intend to appeal this case. There’s no doubt about it,” Lojek said. Dan Dinger, a deputy Ada County prosecuting attorney who tried the case with Brent Ferguson, said he was satisfied with the outcome. “We appreciate the jury’s hard work and the judge’s decision in this case. We feel they did the right thing,” Dinger said. More than four dozen people, including friends and relatives of the dead man and his son, packed into the courtroom at the Ada County Courthouse. Greenwood warned spectators at the beginning he would not tolerate any outbursts, and they obeyed him. “This has just been devastating for my family,” said Randy Conner, who grieved for his father and later began to suspect his brother may have been responsible for Otis Conner’s death. “I don’t know how anyone could go through that and not be devastated by it.” Another brother, Doug Conner, was overcome by emotion and left the courtroom after he addressed Greenwood but before the sentence was announced. “It’s been hard on me, my brother, my family,” Doug Conner said. “My dad had the right to the retirement he wanted.” Anthony Conner declined to address the judge. “I have nothing to say at this time,” he said. Conner denied killing his father. He reported coming home to find Otis Conner on the garage floor next to a toppled ladder. He maintained his father must have fallen off the ladder and died. Blood was found not only in the garage but inside the North Turnberry Way home the two men shared. Prosecutors said Anthony Conner, a truck driver, was strapped for cash to make payments on his home, his commercial truck, a pickup and a motorcycle. They noted that on the day of Otis Conner’s death, the same day Anthony Conner cashed a check from his dad’s account, the younger Conner received 15 calls from bill collectors.

Man Who Menaced Young Boy on Idaho Bus Sent to Prison MagicValley.com: June 25- John Sowell & Grace Gibney/ Statesman BOISE | Fourth District Judge Patrick Owen shook his head Wednesday as he described how a Greyhound driver had never pulled his bus over in 40 years on the road to handle an unruly passenger until he encountered James E. Brennan on New Year’s Day. The Portland, Ore., resident directed sexually charged comments toward a 17-year-old girl and then turned his attention to a 6-year-old Hispanic boy and his mother on the westbound bus headed west toward Boise. He yelled racial insults and threatened to kill the boy. “This was a scary incident,” said Owen, who told Brennan, 45, he used the “meanest possible language” in yelling at the boy and others on the bus. “You were way off the sphere.” While Deputy Prosecuting Attorney Shawna Dunn recommended a 5-year sentence, Owen said he wanted to give Brennan a chance to get out earlier than that if he follows the rules in prison. He sentenced him to 2 1/2 years to five years. “If you behave yourself in prison, you have an opportunity to shave some time off your sentence,” Owen said. Brennan pleaded guilty in April to malicious harassment, which carries a maximum five-year sentence. Dunn agreed to drop a battery charge and three counts of disturbing the peace in exchange for his guilty plea. Brennan, who has remained in the Ada County Jail since his Jan. 1 arrest, got on the bus at Twin Falls and began drinking beer, other passengers told police. Later, he became belligerent and threatened to kill the driver and three adult passengers. He told passengers he had a shotgun, pistol and an ax, although police did not find any weapons when they took Brennan into custody after the driver stopped the bus at the Stage Stop exit at Milepost 71 east of Boise. It was unclear how much beer Brennan consumed during the 107 miles he was on the bus between Twin Falls and the Stage Stop. However, police found eight empty beer cans on the bus. After he pleaded guilty, Brennan refused to speak with a pre-sentence investigator. Although defendants are not required to speak with the investigator, most do to seek a lenient sentence. While speaking to Owen, Dunn would not repeat the words hurled by Brennan at the other passengers. She said the young boy was traumatized. “The child was so frightened he was shaking,” Dunn said. Brennan, Dunn said, has eight other convictions, including incidents in California, North Dakota, Illinois and Vermont. He has convictions for assault, terrorizing and battery against police, she said. “He has no respect for society,” she told Owen. “The defendant is literally a hateful person. He is violent and erratic.” Brennan claimed he not recall his actions that day. Court proceedings relied on accounts from bus passengers and police. officers and witnesses. Owen told Brennan he should seek help regarding his apparent alcoholism. “I think you have earned a significant intervention. I think you need to sober up,” Owen said. Defense attorney David Lorello admitted that his client has a “disrespectful nature.” Still, he said Brennan told him he was disgusted with his actions and where he is in life. Brennan, who described the events on the bus as a “wretched night” in a January letter to the Idaho Statesman, told Owen on Wednesday that he displayed an antisocial attitude. “He has to understand he needs to make better choices,” Lorello said.

Heyburn Man Sentenced in Murder Case MagicValley.com: June 25- Eric Quitugua RUPERT • A Heyburn man was sentenced Wednesday for the murder of 36-year-old Craig Glen Short. Christopher Cruz, 23, was sentenced to 18 to 40 years in prison. Prosecutors had asked for Cruz to be sentenced to 20 years to life, while his defense attorney recommended 13 to 35 years in prison. District Judge Michael Crabtree said he had a hard time quantifying the amount of time for a suitable punishment, saying the different versions of the story of Short’s killing were impossible to reconcile. “In the twinkling of an eye, it’s like an atom bomb went off,” he said. Crabtree said he believed Cruz acted impulsively, but given his young age at the time of the shooting —21— and non-violent criminal history, there was hope for rehabilitation. Short’s mother, Jan Midthun, said her grandson Julian won’t be able to have his father at his graduation or wedding, calling them “future plans never to be because you shot and murdered my son.” “You took it upon yourself to play God,” she said. “For what? For nothing.” Short was killed Aug. 2, 2013. That day, Short and Jared McNeil went to get some clothes from Cruz’s girlfriend’s home. Cruz let the two in and, unprovoked, shot Short several times in the back, McNeil said at an earlier hearing. Cruz turned the pistol on McNeil and pulled the trigger but the gun was apparently out of bullets. Cruz tackled him and the two wrestled, McNeil said. Cruz kept trying to grab his head during the struggle, and he thought Cruz was trying to snap his neck. McNeil said he ran to a nearby house but no one was home so he threw a piece of cement through a glass door to look for a telephone to call the police. Unable to find a phone, he went to the next house where he took a four-wheeler to another house to find help. When Cruz returned home, his girlfriend was just arriving and the two fled. Cruz was arrested Sept. 24, 2013, when he and his girlfriend were found after a manhunt in Edinburg, Texas. Cruz was originally charged with first-degree murder for killing Short and attempted murder for trying to kill McNeil. In December, Cruz pleaded guilty to a reduced charge of second-degree murder and the attempted murder charge was dropped “When you murdered my son, you murdered my family,” Bob Fairchild, Short’s stepfather, said at the sentencing. “I don’t sleep at night for what you’ve done.”

Dark days for Boise County prosecutor, then a new start Idaho Statesman.com: June 25- Katy Moeller Attorney Jolene Maloney has worked for the Boise County Prosecutor’s Office for just under a year, and county officials say she’s proved herself to be such an asset to the office that she’s now running it. Maloney was contracted in August to help out on a part-time basis as the office took on the first of two murder cases now on the docket. The 39-year-old Boisean quickly worked her way into a full-time position and in April was appointed by county commissioners to the office’s top post. She hasn’t decided if she’ll run for office in 2016, but if she does she’ll have to move to Boise County. Returning to public service wasn’t an opportunity that Maloney expected to get after coming out of a devastating downward spiral, during which she was convicted of three misdemeanors in a four-year period, including DUIs in 2012 and 2013. A self-described alcoholic in recovery, Maloney said she began abusing alcohol in 2009 to cope with a traumatic incident from her past. “I’m so disappointed in my choices but I can’t change them. I have to own them and be accountable,” she said, declining to discuss details of the trauma. She has maintained sobriety for more than two years and continues to be actively involved in a recovery program, she said. The county commissioners were aware of Maloney’s background when they appointed her, Chairman Alan Ward said. “She was very forthright in telling us about all of that,” Ward said. “I’m also aware of what she does now, and how she’s making that right, and how she serves other people to benefit them. ... She’s really strong. We need quality leadership, and she’s provided it so far.” Commissioner Laura Baker, appointed this month to a vacant seat, said Maloney notified her of her background at the first commissioner meeting she attended. “I felt horrible for her. Everybody makes mistakes,” Baker said. Former Prosecutor Ian Gee, who was appointed in 2012 and then elected that same year, recommended Maloney for the position after he decided to move to Boise and return to private practice. He’s working for the prosecutor’s office on a part-time basis now, until he finishes some civil cases. In the early 2000s, Gee took time off from practicing law to serve as a lay minister at the nondenominational Lowman Community Church. He said he saw people with addictions fail and succeed, and he believes Maloney is a success story. “I believe leaders who don’t give second chances to people like that are wasting potential,” he said. ON THE WAY UP Maloney has lived in Idaho for most of her adult life. She grew up in San Jose, Calif. — other than three years in Tokyo, when her dad’s job took their family to Japan. She went to college in Spokane. She took her bachelor’s degree in special education from Gonzaga University and went to work as a parent-teacher coordinator at a boarding school for at-risk teens in North Idaho. She worked there for about three years and considered a career in social work but opted to go to law school — with an eye toward working in juvenile justice. She worked as a paid intern at a Pullman, Wash., company while going to the University of Idaho Law School. As part of her studies, she completed a semester in practice at the Canyon County Prosecutor’s Office and graduated in 2003. Maloney went to work for a law firm that handled misdemeanor prosecutions for the city of Nampa. She was there for more than four years, until taking a job as a deputy prosecutor at the Ada County Prosecutor’s Office. “I was very excited about working there,” Maloney said. She was on the preliminary hearing team. She handled juvenile cases and was based at the Ada County Juvenile Court Services office on Denton Street. She left her job at the Ada County Prosecutor’s Office in 2010 to open a private practice. She said her practice flourished, even as she struggled with personal issues. TURMOIL, CHARGES In fall 2010, Maloney hit bottom — or so she thought. “It’s an ugly story, and it’s embarrassing, and it’s one that I’ll regret for the rest of my life,” she said. She was charged with two counts of felony injury to a child after an October 2010 incident in which she left her two young children — 6 and 5 at the time — unattended in their unlocked home, according to the amended criminal complaint. Maloney pleaded guilty to one count of misdemeanor injury to children, and one count of disturbing the peace. She received a withheld judgment, but that was later revoked due to a later charge. Things would get much worse before they got better. She pleaded guilty to misdemeanor DUI in December 2012 — and not even six months later was charged with another DUI and driving without privileges. The second DUI, which occurred in May 2013, was an “excessive DUI,” meaning that her blood alcohol was .20 or greater. The legal limit is .08. For the second DUI and the resulting probation violations, she was sentenced to 365 days in jail, with 305 days suspended. She served those 60 days on house arrest with work release. She paid fines and fees of $1,197.50. Her driver’s license was suspended for a year, and she was placed on two years of supervised probation. The Idaho State Bar placed her on disciplinary probation for one year, but that didn’t interfere with her ability to practice law. That probation ended June 14. Boise County Deputy Prosecutor Jay Rosenthal said he was aware of Maloney’s history and thoroughly vetted her — reviewing her criminal record and talking to judges, attorneys and others — before urging Gee to hire her to help out with the office’s increasingly heavy caseload. Her record before the string of alcohol-related convictions wasn’t spotless. She pleaded guilty to leaving the scene of a May 2009 accident in Boise. “Jolene, on paper, if you hadn’t looked into her, would scare the bejesus out of you,” said the 78-year-old prosecutor, whose half century in practice has included working in the major crimes unit at the Ada County Prosecutor’s Office and criminal division of the Attorney General’s Office. “But if you really look at her, it’s much different.” He observed her in the courtroom when she handled conflict cases for the Boise County public defender and was impressed by her diligence. He’s worked closely with her since last summer, and she has exceeded his expectations. “I’ve always felt that being a good lawyer is mostly preparation,” Rosenthal said. “She not only prepares, but she’s very, very smart. She knows the rules, she researches, and she thinks a lot. It’s kind of fun to work with somebody who does that.” RECOVERY, HELPING OTHERS Maloney said maintaining sobriety over the past couple years hasn’t been difficult — but the recovery work behind it has been. “To work a meaningful recovery program there’s times when it’s been more difficult than others. It requires honesty and a faith in the process,” she said. Maloney, who is Catholic, said her recovery program is spiritually-based, but declined to discuss specifics. She believes her experience on all sides of the table gives her a unique perspective as a prosecutor. She said crime victims and defendants deserve to be treated with respect and dignity. “That doesn’t mean I’m soft on crime,” she said. “My job is to enforce the law and seek justice.” “Accountability and accepting responsibility for your conduct is what I did — and what I ask other people to do,” Maloney said. The goal, she said, is to never have them back. She’s grateful for all the support she received from her husband, family, friends and colleagues when she was publicly spiraling. “My family and friends loved me regardless,” she said. “My colleagues always treated me with respect and dignity.” Attorney Michael Bartlett was among those who reached out to Maloney. They became friends, and he followed her progress in recovery. “After she seemed to get things together and was doing well in rehab, I’ve had a number of clients [with addiction issues] reach out to her,” Bartlett said. “She has an insight. It’s been incredibly helpful to a couple of my clients.” SHOT OF ADRENALINE During her short time in Boise County, Maloney has developed good rapport and strong working relationships with fellow prosecutors, county officials and local law enforcement. Sheriff Ben Roeber said Maloney’s help in training and assisting deputies — with constitutional issues, search warrants and report writing — has been like a shot of adrenaline to his department. The department has 12 sworn officers, including the sheriff, and 10 reserve deputies. They need to be prepared to handle crimes of all sorts because they don’t have specialized teams. Turnover is steady because entry-level pay is under $30,000 and many move on to higher-paying jobs in the Valley. “Jolene has made herself more than available to anybody — 24 hours a day, seven days a week, without complaint,” said Roeber, who became concerned that she was working too hard. “You don’t want someone to get burned out in the first six months. It’s a marathon, not a sprint.” Idaho State Police Detective Vickie Gooch, who has worked in Boise County for 17 years, said she’s been impressed with Maloney’s work ethic, competence and “commitment to do the right thing.” “She’s been given an opportunity, and I don’t think she’s going to screw that up,” Gooch said. “At some point, we have to say, ‘You’ve been punished and served your sentence.’” • LAWYERS AND ALCOHOLISM An estimated 16.5 million adults in the United States had drinking problems in 2013, with about 1.3 million getting help at a specialized facility, according to the National Institute on Alcohol Abuse and Alcoholism. The rate of alcoholism among legal professionals is believed to be about 15 to 18 percent — higher than the general population, estimated at about 10 percent. The Idaho Lawyers Assistance Program explains why this may be: “Since many lawyers and judges tend to be overachievers who carry an enormous workload, the inclination to ‘escape’ through the use of drugs and alcohol is prevalent in the legal community. These daily pressures can lead to inordinate amounts of stress and mental illness.” The Idaho Lawyers Assistance Program provides support to lawyers who are struggling with substance abuse and/or mental health issues. All information is kept confidential. Idaho Lawyers Assistance Program: 866-460-9014 (24-hour hotline).

Idaho Reacts To Supreme Court Affordable Care Act Decision MagicValley.com: June 25 U.S. Sen. James “Jim” Risch “I am disappointed but not particularly surprised by the Supreme Court’s ruling. Because of the disaster that Obamacare has visited on most Americans, we have worked to try to repeal it and replace it with a system that is patient- and provider-driven, provides substantially more patient choice and is substantially less expensive than Obamacare. Since it is obvious that Obamacare is going to need at least substantial change, and more appropriately, full replacement, we will continue to pursue that over the next 574 days.” U.S. Rep. Mike Simpson “While the Supreme Court made their ruling, it doesn’t change the fact that Obamacare is severely flawed. The House acted earlier this week to roll back two of the most onerous provisions of the Act. “My colleagues and I will continue to look for ways to protect Americans from the harmful consequences and focus on finding patient driven solutions to healthcare.” U.S. Rep. Mike Crapo “Today’s ruling is disappointing and in no way validates the President’s health care law as some are claiming. “The court did not rule on the merits of Obamacare, but, rather, on a one sentence provision in a 2,700-page ill-advised law. Obamacare is broken —plain and simple. Millions of Americans, including thousands of Idahoans, have been pushed from their preferred health plans and doctors and continue to see their premiums rise. In some cases, by as much as fifty percent in just two years — contrary to the President’s many oft-repeated promises. Though this particular window of what many have viewed as an opportunity to swiftly replace the law with reforms may be closed, I will continue to work with my colleagues to push for nothing short of a full repeal of Obamacare. Only when we address the real drivers of the cost of health care in this country and put in place market- oriented solutions, such as allowing states flexibility to regulate the insurance market and prioritizing the doctor-patient relationship over federal mandates, will Americans have access to the truly affordable, quality health care they want and deserve.” U.S. Rep. Raul Labrador “I am stunned that the Supreme Court expanded the power of the executive branch to rewrite law it doesn’t like. Not only does this decision prop up a failed policy, it enshrines the principle that the president can trump Congress. “One of my first votes as your congressman was to repeal this massive government takeover of our nation’s health care. The challenge now before Congress is to unequivocally repeal Obamacare and replace it with patient-centered, market-based care. The president’s misguided policy has limited access and increased health care costs. It’s our job to expand access to quality care and restore incentives for innovations that improve and save lives.” State Sen. Lee Heider, R-Twin Falls “Obviously we implemented our own state exchange and that seems to be serving us well so that we are in compliance with the Affordable Care Act without being completely in control of the Obamacare system.” State Rep. Fred Wood, R-Burley “From my own perspective, whatever the Supreme Court decided didn’t affect Idaho because we have a state exchange. From my perspective it’s a non-event.” Dr. David Pate, CEO and president of St. Luke’s Health System “I was off in my prediction that the chief justice would be one of those siding with the plaintiff. Once again he surprised many of us in the legal field. He not only voted in favor but wrote the decision which was surprising because he had been unusually quiet. He was not very engaging during the oral arguments so it was surprising to me that he came out so strongly. “The decision was not surprising but I will say this, the case was far from clear. Frankly, I was a little disappointed in President Obama, given that he is a legal scholar who has studied the Supreme Court. The comments he made last week that there wasn’t an issue here that the Supreme Court couldn’t find a way to side against. I don’t think that was true. The Supreme Court thought very carefully on the matter and wrote a good supporting decision on why they were deciding the way they did. “They decided to side with the government and if they hadn’t it would have upended everything drastically. The decision today means that the Affordable Care Act is not upended, it means that life goes on as it has been. “In terms of this case in particular with issues of the exchanges being in question, this case will not have impacted Idaho. This case was not a cliff hanger for Idaho as it was for other states. The big issue for us is Medicare expansion and whether we are going to do so. Medicare expansion is the biggest issue on my mind for the state of Idaho.” Pat Kelly, Your Health Idaho executive director “No matter what the U.S. Supreme Court decided today, Your Health Idaho customers were always going to continue to have access to tax credits to help pay for health insurance costs because we are a state-based exchange. While other states spent a lot of time worrying about what the Supreme Court might decide, we were able to focus on taking care of our customers because of the wise decision our lawmakers made three years ago. Gov. C.L. “Butch” Otter and state representatives knew from the very beginning the best way to serve Idahoans was to ensure we maintained control of our exchange and didn’t let important health insurance decisions fall into the hands of the federal government.” Wayne Hoffman, president of the Idaho Freedom Foundation “While many of us today are angry about the U.S. Supreme Court’s decision on Obamacare, Idaho lawmakers who supported the insurance exchange are overjoyed. They gave up fighting Obamacare long ago, so they feel vindicated by the court’s ruling. When President Obama says his health care law is here to stay, he can now can thank the Supreme Court, the Idaho Legislature and Gov. Butch Otter for helping with that.”

UPDATE: University of Idaho Doesn't Want Courthouse Mural Displayed MagicValley.com: June 25 BOISE (AP) | The University of Idaho will keep two murals inside the old Ada County Courthouse covered for the grand opening of its new campus in July. KIVI-TV reports (http://bit.ly/1LwNe5u ) the murals depicting white settlers lynching a Native American is part of a large painting spread throughout the old courthouse. The University of Idaho, which is leasing out the building as a satellite campus for its law school, has no interest in keeping the mural on display. "They're the fevered imagination of a Southern California artist and have no connection to the history of Idaho, and at all levels they're inappropriate," said Lee Dillion, associate dean of the college. "People that are interested in seeing (the murals), we'll make sure they're displayed under controlled circumstances. But otherwise those two murals will be covered." The murals show an Indian in buckskin breeches, on his knees with his hands bound behind his back. He is flanked by a man holding a rifle and another armed man holding the end of a noose dangling from a tree. Twenty-six murals were painted in Southern California and mounted in the courthouse in 1940. Former Idaho Attorney General David Leroy is cautious about any plans to remove the murals. "Nobody today wants to promote racial difficulty or mob rule," he said. "However, in art we do need to regard things carefully when we use today's standards to judge yesterday's images. That's called 'presentism,' and that can lead to problems." University of Idaho officials said it would cost up to a million dollars to properly remove the murals. The building's grand opening is planned for July 6, and classes begin in August.

Lawyer: Eggleston 'vindicated' by ruling Lewiston Tribune: June 26- Kerri Sandaine Asotin County is facing penalties over a public records violation during a decade-old dispute with Rich Eggleston over a road project. In a ruling recently filed in Walla Walla County, Judge John A. Lohrmann said the county "violated its duty of disclosure" by not providing documents to Eggleston, who lives near Ten Mile Bridge south of Asotin. The main bone of contention in the civil case was the county's ongoing refusal to provide Eggleston with drawings on the project to replace the bridge, Lohrmann said. Asotin County is now liable for damages and attorney fees, to be determined at trial. No date for the penalty phase of the case has been set. Eggleston, who is represented by Clarkston attorney Todd Richardson, is seeking unspecified damages. "For years (my client) has been trying to get a few very simple records from the county regarding the Ten Mile project," Richardson said in an email. "He has been the subject of disparaging remarks by past commissioners, he has had citizens turn on him, and the county steadfastly refused to provide records, even going so far as to deny their existence. "Through it all, Rich has maintained his dignity and continued to do that which is right," Richardson said. "It is a wonderful thing to have him vindicated on these claims. With any luck, this ruling will help bring change to Asotin County and a new openness and forthrightness about county business." Eggleston's lawsuit against the county and public works department went to trial in April. Former Asotin County Public Works Director Jim Bridges, who has since resigned, told the court the requested documents were not in his possession at the time of Eggleston's request and would've been exempt anyway, because the plans were still preliminary. Richardson argued the public works director should have requested copies from the engineering firm working on the project and turned them over to his client. The judge agreed, saying it was not a satisfactory response to say the documents were still in flux. "Against the plaintiff's consistent and persistent efforts to obtain copies of the current diagrams, the county's refusal to provide the diagrams on the pretext that they were a work in progress is inexplicable," Lohrmann said in a court document. "They only had to make a request of its contractor, (Thomas Dean and Hoskins Engineering), to obtain a copy of the plans at any fixed point in time." During the two-day bench trial, the court heard testimony from Eggleston, Bridges, the project manager and consultants. He issued a written ruling and supplemental letter on June 11. "Transparency in government is the primary goal of the Public Disclosure Act, and it was the plaintiff's desire and right to know what was going on as the project proceeded, unless there was a valid reason under the statute for him not to know what was going on," the judge said. The public is entitled to full access to information concerning the conduct of government, according to the court. The contentious Ten Mile project, which began in 2002, was completed in 2013. During that decade, Eggleston repeatedly butted heads with former Asotin County commissioners and county engineers over the bridge replacement, design proposals and related issues. Eggleston filed his records complaint in the summer of 2012, but Richardson said his client had been warning Asotin County about cultural resources in the area for years. The project stalled after American Indian graves were discovered and a new, less intrusive route was developed. Multiple state and federal agencies were involved, including the Nez Perce Tribe. Richardson said the next phase of the records lawsuit will likely take place in July. At that time, the judge will address damages and attorney fees. Asotin County Deputy Prosecutor Jane Risley handled the case on behalf of the county, with assistance from Prosecutor Ben Nichols. Risley could not be reached Thursday for comment. The county's insurance carrier - Canfield and Associates - doesn't cover punitive damages awarded in civil trials. The condition is standard in many public agency insurance policies.

Moscow man tells judge he acquired child pornography Lewiston Tribune: June 26- Elizabeth Rudd MOSCOW - The brother of a retired Idaho judge admitted to possessing child pornography during a hearing Thursday in Latah County. William M. (Milo) Griffin, 64, of Moscow, pleaded guilty to three felony counts of sexual exploitation of a child for willfully possessing an image and two videos depicting sexually explicit content involving girls ages 3 to 11. His sentencing has been set for 9:30 a.m. Aug. 27. Thursday's hearing was the second time Griffin appeared in Latah County 2nd District Court to enter a plea to the charges against him. The first proceeding was cut short after 2nd District Judge John R. Stegner realized Griffin's relationship to his former colleague, retired 2nd District Judge Michael J. Griffin. Michael Griffin served as a magistrate and District Court judge for 32 years in Idaho, Lewis and Clearwater counties - three of the five counties in Idaho's 2nd Judicial District. Michael Griffin sat in a pew in the courtroom behind the defense table Thursday, where his brother sat with defense attorney Charles E. Kovis of Moscow. Stegner recused himself from William Griffin's case in the middle of his initial arraignment hearing in May. Senior Judge James F. Judd of Boise was appointed to the case following Stegner's recusal and accepted William Griffin's guilty pleas Thursday. The charges against William Griffin reportedly stem from an investigation conducted in May 2014 that showed a direct download for child pornography to William Griffin's computer, according to Idaho Deputy Attorney General Casey Hemmer. Hemmer, who participated in Thursday's hearing by phone, was appointed to handle the state's case after Latah County Prosecutor William Thompson Jr. requested appointment of a special attorney to avoid any appearance of conflict. The investigation led to the issuance of a search warrant for William Griffin's Moscow residence, according to Hemmer. Police reportedly discovered an image of a nude girl and two videos depicting an adult man engaging in or attempting to engage in sexual intercourse with young girls on William Griffin's computer, according to court documents. William Griffin did not plead guilty as part of formal plea agreement with state, but Kovis said an informal agreement has been discussed, and depends on the results of a psychosexual evaluation. Hemmer said he would recommend a lesser sentence for William Griffin if the results of the evaluation show him to be at a low risk for reoffending. The maximum penalty for each count of sexual exploitation of a child is 10 years in prison and a $10,000 fine. Pleading guilty would also require William Griffin to register as a sex offender, the judge said. Judd ordered a psychosexual evaluation and a presentence investigation report be completed for William Griffin. He also required him to submit a DNA sample to the Latah County Sheriff's Office. William Griffin remains out of custody on his own recognizance.

Idaho man pleads guilty to murder Lewiston Tribune: June 27- Kimberlee Kruesi/ AP BOISE - A 22-year-old Idaho man has pleaded guilty to first-degree murder in the killing of a former Arizona power company executive, his wife and their adult son at their Boise home. Adam Dees of Nampa appeared Friday in 4th District Court to enter his plea to three counts of first-degree murder and one count of robbery. In exchange, prosecutors said they will not seek the death penalty. Instead, they have agreed Dees should serve life in prison without parole for the murders and 25 years for the robbery charge. "Sir, I killed three people," Dees told 4th District Judge Samuel Hoagland. Prosecutors allege Dees killed 80-year-old Theodore M. Welp, 77-year-old Delores Elaine Welp, and 52-year-old Thomas P. Welp on March 8 or 9. The bodies were found March 10. Dees is said to have acted alone and did not know the victims ahead of time. Attorneys for Dees did not immediately return phone calls from The Associated Press. Hoagland accepted Dees' guilty pleas and scheduled sentencing for Aug. 28. "Our family needs to heal, and our family needs time together, living our lives in order to heal wholly," said George Welp, son of Theodore and Elaine and brother of Thomas, reading a statement to the media after Dees' guilty plea. George Welp added that it has been difficult for his family to understand why and what happened to their loved ones. The Welps formerly lived in Arizona, where Theodore Welp was the chief of Tucson Electric Power Co. in the 1980s. An April 8 grand jury indictment says all three were shot in the head and beaten with a baseball bat, and Thomas Welp was also stabbed in the neck. All three bodies were found on a bed. Outgoing Sheriff Gary Raney previously described the crime scene as one of the bloodiest he had seen in his 31 years of law enforcement. Authorities revealed Friday that Dees told an online gaming friend that he killed three people, adding that it "got physical" when they refused to give him PIN numbers to their credit cards. Dees was later found with the family's credit cards and a 9 mm handgun. He also tried to sell Elaine Welp's engagement ring, which was later recovered at a local jeweler.

Judge finds no probable cause in U.S. 95 crash Coeur d’Alene Press: June 30- Keith Kinnaird/Hagadone SANDPOINT - A Bonner County Magistrate Court judge found insufficient evidence Thursday to support an inattentive driving charge against a sheriff's deputy involved in a crash last month. Judge Penny Friedlander did not find enough evidence to support the misdemeanor offense against Phyllis J. Jay after reviewing an Idaho State Police report, court records show. Jay, 62, was charged in connection with a May 29 crash that seriously injured two motorcyclists on U.S. Highway 95 at Sagle Road. State police said Jay was on Sagle Road and stopped before entering the highway. When Jay proceeded into the intersection, she clipped the rear wheel of a three-wheeled motorcycle carrying two people, according to court documents. The collision caused the Honda Goldwing trike crash. The motorcycle's driver, Rodney F. Howard, and its passenger, Catherine J. Howard, were seriously injured in the collision and taken to Kootenai Health for treatment. Rodney Howard, 67, suffered a broken clavicle and ribs, the ISP report said. Catherine Howard, 66, suffered a skull fracture with internal bleeding. A trooper said in his report that both Howards were expected to recover from the crash. Both were wearing leathers and helmets, the report said. The trooper's report ruled out distraction due to devices in the vehicle, including a personal smartphone, and a department-issued cellphone and laptop computer. A search of the devices indicated they were not being actively used when the crash happened. The trooper determined that Jay didn't see the northbound motorcycle when she entered the intersection, the report said. The state on Monday moved for the assignment of another judge to preside over the matter.

High court hears convicted killer's appeal Coeur d’Alene Press: June 30 SANDPOINT - The North Dakota Supreme Court is considering an appeal filed by a former Bonner County man convicted of murder, according to the Bismarck Tribune. Jonathan Peter Horvath is serving a life sentence without parole after being convicted of murder, reckless endangerment and two counts of terrorizing and prohibited possession of a firearm. A jury convicted Horvath of the offenses after jury trial in December 2014. The charges arose from a deadly confrontation outside a strip club in Williston, N.D., in March 2013. The clash involved a group Horvath was in and a group Derrick Spiegel was in. Horvath armed himself with a pistol during the confrontation and Spiegel was shot to death. Horvath stated he never meant to shoot Spiegel and that the handgun discharged accidentally during the struggle. At his sentencing, Horvath told the court he was trying to de-escalate the fray. Horvath's counsel, Scott Diamond, reiterated that claim when the state's high court took up Horvath's appeal on Tuesday. Diamond argued that jurors unfairly inferred intent to commit murder from Horvath's actions, which included going to a vehicle to retrieve the loaded pistol. Justice Dale Sandstrom expressed skepticism, the Tribune reported. Diamond said his client obtained the weapon out of a desire for protection and intimidation. A club's security camera caught footage of the incident, although Diamond and Williams County Assistant State's Attorney Nathan Madden disagreed over what it depicted, according to the Tribune report. Madden said it showed Horvath deliberately placing the gun at close range to Spiegel's head and neck and that there was no struggle. "Watch the video. It's there," the Tribune quoted Madden as saying during the hearing. Diamond disagreed that video showed Horvath intentionally shooting Spiegel and said the jury was unduly influenced by it. "The video played. The video was shocking," Diamond told the court, adding that the jury was shocked into not applying critical examination of the evidence.

Appeal dismissed in possession case Coeur d’Alene Press: June 30- Keith Kinnaird/Hagadone SANDPOINT - A 2nd District Court judge dismissed an appeal Monday filed by a Sandpoint woman who is locked in a protracted struggle with authorities in Bonner County. Judge Jeff Brudie dismissed Rita Nancy Hutchens' appeal for not complying with a briefing schedule in the case. Hutchens' opening brief was due on June 8. Bonner County Chief Deputy Prosecutor Shane Greenbank moved to dismiss the appeal because Hutchens had not filed her brief and didn't retrieve transcripts that were prepared in the case, court records indicate. Hutchens, 59, was charged with possession of a marijuana pipe after her arrest on a warrant in Sandpoint in 2013. At the time of her arrest, Hutchens was facing prosecution on a misdemeanor battery charge for allegedly throwing a pen at a city official while researching a legal claim for wrongful arrest in 2011. The state ultimately ceased prosecution of the battery charge partly because she had already spent more time in jail on contempt-of-court violations than she would have if she simply pleaded guilty to the misdemeanor. A jury convicted Hutchens of the paraphernalia charge last year, prompting her to appeal. She was granted a withheld judgment due to a lack of a prior criminal record. Hutchens filed a $2.5 million claim against the state, county and city for alleged civil rights violations.

Judge gives Moscow woman a chance Lewiston Tribune: June 30- Elizabeth Rudd MOSCOW - A 22-year-old Moscow woman was taken immediately into custody Monday after being sentenced to at least six months in prison for exploiting an elderly man who died in her care. Latah County 2nd District Judge John R. Stegner retained jurisdiction in the case and placed Lindsey M. Winter into a prison rehabilitation program after sentencing her Monday to at least two years and up to eight years in prison. Winter has the opportunity to be released and placed on probation after about six months, depending on her performance at the end of the program. Winter pleaded guilty in April to principal to exploitation of a vulnerable adult following the death of 67-year-old Lee O. Pohrman. She and her fiance, Charles W. Wright, 25, were arrested and charged jointly last summer with three felonies related to Pohrman's death. Pohrman had been living with the couple for more than two years before he died from malnutrition, or starvation, in November 2013, according to court documents. The couple were originally charged with principal to neglect of a vulnerable adult, principal to exploitation of a vulnerable adult and principal to fraudulent act to obtain public assistance. Both Winter and Wright - who was sentenced in May to three to seven years in prison on a charge of principal to neglect of a vulnerable adult - entered plea agreements with prosecutors. Pohrman was found by police Nov. 3, 2013, on the kitchen floor of the couple's residence on the 700 block of Brent Drive in Moscow when officers responded to the report of an unconscious man, according to court documents. He was transported to Gritman Medical Center, where he died the same day. "I take responsibility for what happened and it eats at me every day because he died," Winter said Monday. Winter told Stegner she hopes she can recover from the incident and get the help she needs to improve her life. She also apologized to Pohrman's family. Pohrman had been living with the couple for two and a half years, paying them $400, then $350, per month to take care of him and for a place to stay, according to court documents. A total of $57,737 was deposited into Pohrman's checking account between February 2011 and November 2013, according to his bank records, which were obtained by subpoena. Of that amount, court documents indicate $40,450 was withdrawn in the form of 72 checks written to Winter or Wright. The rehabilitation program gives Winter the opportunity to earn her General Educational Development certificate, receive counseling and take classes to improve her life. Stegner said he thought the sentence - which aligned with the plea agreement and Latah County Senior Deputy Prosecutor Mia M. Vowels' recommendation - was appropriate given the seriousness of the crime Winter admitted to committing. Winter's attorney, Charles E. Kovis of Moscow, had asked the judge to place Winter on probation for three to five years and withhold judgment, meaning her charge would be dismissed if she successfully completed probation. Stegner told Winter that if she did well in the program, he saw no reason why he would not release her on probation following a review hearing at 3:30 p.m. Jan. 4. Stegner previously ordered Winter and Wright to jointly pay $10,000 in restitution to Pohrman's family.

Missing Woman's Boyfriend Interviewed by Police, Lawyer Says MagicValley.com: June 30- Eric Quitugua BURLEY • A missing woman’s boyfriend is a “person of interest” in her case, his defense attorney said Tuesday. During a parole violation hearing, James Allen McLaws’ defense attorney, Dave Haley, said his client is being interviewed by Cassia County authorities in Tiffani Streling’s disappearance. Haley said McLaws is cooperating with investigators and said he doesn’t expect him to be charged. He said the two were going to speak with Cassia County investigator Kevin Hoark after Tuesday’s hearing. McLaws, 33, of Heyburn, may also face misdemeanor battery charges in Bingham County. Tuesday’s admit/deny hearing was for a parole violation involving past drug charges. Deputy prosecutor McCord Larsen sought at least $75,000 bond on top of a $75,000 bond in Minidoka County for parole violations on drug and eluding convictions. Haley suggested a $2,500 bond. McCord expressed concern, citing McLaws’ tendency to evade the police, and called that “extremely disturbing for the State of Idaho.” District Judge Michael Crabtree set McLaws’ bond at $75,000 for Cassia and Minidoka counties combined. Streling’s family has offered a $5,000 reward for information leading to her return. She has been missing since May 16. Posters with Streling’s picture have been circulated around the state. Her family has organized search parties and made shirts that say “Bring Tiffani Home” and have a picture of the 21-year-old on the back. Investigator’s ask anyone with information on Streling’s whereabouts to call the Cassia County Sheriff’s Department at 208-878-2251.

Burley Man Granted Probation for Harming Infant MagicValley.com: June 30- Laurie Welch BURLEY • A 22-year-old man will spend the next 15 years on probation for permanently injuring an infant. Michael Carnes, 22, was released from jail Tuesday after a judge reviewed his report from the state’s retained jurisdiction program. Under a plea agreement reached through a criminal mediation hearing, Carnes, of Burley, pleaded guilty to a felony charge of aggravated assault of an infant boy, who had been left in the care of a babysitter in the home where Carnes lived. Under the agreement, a felony charge of injury to a child was dismissed. Cassia County District Judge Michael Crabtree honored the agreement made between the prosecutor and the defense attorney to sentence Carnes to 15 years in prison with five years fixed. The agreement included placing Carnes in the Idaho Department of Correction’s therapeutic program, known as a rider, and probation if he successfully completed the program. Carnes was given 230 days credit for time served. Crabtree granted a restitution request for $2,153 in medical bills and $1,725 for meals and travel expenses for the family of the boy. The boy was 5-months old when Carnes injured him. He spent 34 days in a Salt Lake City hospital having holes drilled in his head and several surgeries. He was unable to breathe on his own for 15 days due to the “severe trauma” he endured, said Nick Scott, who has joint custody of the boy along with his wife, Jennifer. The boy is permanently blind from the injuries. Carnes was also ordered to pay a $5,000 civil penalty to the infant. During the rider review hearing Carnes’s attorney Clayne Zollinger said he told Carnes before he went that the odds were against him changing. “I was wrong,” Zollinger said. Zollinger said Carnes now shows “heartfelt remorse.” Carnes declined to make a comment during the hearing. Crabtree said Carnes will continue to carry a “heavy burden” from what happened.

Oakley Sentenced to Prison in Child Sex Case MagicValley.com: July 1- Laurie Welch BURLEY • An Oakley man was sentenced to five to 10 years in prison Tuesday for sexually abusing a 12-year-old girl. Jose Alfredo Castaneda, 40, of Oakley was initially charged with three counts of lewd conduct with a child younger than 16, but two of the counts were dropped and another was reduced to sexual abuse as part of a plea deal. Cassia County 5th District Judge Michael Crabtree imposed a $5,000 civil penalty for the girl. Cassia County Prosecutor Doug Abenroth read a victim impact statement written by the child’s mother. The letter said the child went from having a sweet, loving, kind and helpful nature to being pessimistic. The child now receives counseling. Castaneda’s attorney Dennis Byington said evaluations show Castaneda has a low risk of re-offending and he took a polygraph and passed the test. “Regardless of what happens, Jose will be deported and will not return to the U.S.,” Byington said. It was a “battle” to get a plea agreement signed because the family wanted him locked up until the child turns 18 years old, he said. Presentence evaluations said Castaneda did not have an alcohol or drug problem and that he was amenable to treatment within the community. Crabtree said the child’s description of what occurred was very graphic and included multiple offenses over a period of time. “The obvious impact on the victim was profound, intense and as deep seated as anyone could suffer,” Crabtree said. Crabtree said the child described the loss of her sense of safety and protection. “And that’s a lot to take from a child of 11 or 12 years old,” he said. Crabtree granted the prosecution 90 days to submit a request for restitution.

Wilder woman gets 4 to 10 years in prison for shaking baby in her care Idaho Statesman.com: July 1-Kristin Rodine Sarah Kuiper-Boles, 29, told investigators that she shook the 6-month-old so violently, she was afraid to demonstrate using a doll because the doll’s head might come off, according to court documents. On one occasion after she shook him, she told investigators, the baby’s eyes rolled back in his head and he vomited and went limp. She said she shook the baby because she was angry and frustrated that he wouldn’t stop crying, according to court documents. On Wednesday, 3rd District Judge Molly Huskey sentenced Kuiper-Boles to at least four years in prison, and up to 10, for felony injury to a child. “I have a disabled baby because of (Sarah),” the infant’s mother wrote in a prepared statement given to the Canyon County sheriff. The child, now 11 months old, has had five surgeries since his injuries were discovered in February and might need more, his mother wrote. He has developmental delays, she said. She urged people to look into the history of potential babysitters and ask for references. Kuiper-Boles watched the little boy during a two-month period. Wilder police investigated Kuiper-Boles after a doctor at St. Luke’s reported the boy’s injuries on Feb. 9. The child, then 6 months old, had chronic subdural hematomas on both sides of his brain, abnormal eye movements and brain injuries consistent with lack of oxygen, the doctor reported. “This is one of the most disturbing cases of injury to a child that I’ve ever seen,” Prosecutor Bryan Taylor said in a news release, crediting the investigative work by the Canyon County Sheriff’s Office and Wilder police. Kuiper-Boles, who has been in the Canyon County Jail since her arrest in February, changed her plea to guilty in March. In addition to the prison sentence, Huskey ordered Kuiper-Boles to pay a $5,000 civil penalty and pay court costs. A no-contact order bars Kuiper-Boles from having any contact with the child, his family or any minor for the next 10 years.

Adamcik hopes testing of knives used to kill Cassie Jo Stoddart will prove his innocence Idaho State Journal: July 1 Convicted murderer Torey Adamcik is hoping that a new test of the knives used in the murder he’s serving time for committing will prove his innocence. Adamcik and Brian Draper were convicted of murdering fellow Pocatello High School student Cassie Jo Stoddart in 2006. Each was sentenced to life in prison without the possibility of parole. Sources tell the Journal that the two knives used in the murder, a Rambo knife and a Sloan blade, have been sent to Toni Vollmer, Detective Lieutenant with the Bannock County Sheriff’s Office, for further testing. The weapons have been sent to Vollmer “for the purpose of maintaining a chain of custody and to facilitate testing requested by Torey Adamcik and his attorney, Dennis Benjamin.” The request was ordered by Sixth District Judge Mitchell W. Brown. Adamcik and his attorney claim that only one of the knives was used in the murder and that Brian Draper was solely responsible for stabbing the victim. Adamcik is asking that his sentence be re-evaluated and will appear in court in Pocatello with Benjamin July 21- 23 to prove that point. Cassie Jo Stoddart, a 16-year-old student, was house sitting when she was stabbed to death on September 22, 2006. Draper and Adamcik were arrested on September 27, 2006 and charged with first degree murder and conspiracy to commit first- degree murder. Each teen claimed the other was mastermind behind the crime. Boise man pleads guilty to murder in 2013 shooting death Idaho Statesman.com: July 1- John Sowell Shawn N. Fisher told a judge Wednesday that he purposely aimed a handgun at another motorist and fired in traffic, but said, “I didn’t intend to kill him.” Fisher, 37, then pleaded guilty to second-degree murder in the 2013 death of Matthew Mohler-Kerns, 28 , a Boise restaurant manager. Prosecutors agreed to drop a first-degree murder charge against Fisher in exchange for his guilty plea to the lesser charge. They also agreed to drop six other counts of aggravated assault, battery use of a deadly weapon, resisting police and possession of a controlled substance. A judge committed Fisher to a prison mental health program for several months after finding he was mentally ill. Afterward, Fisher was found competent to stand trial. Fisher, a high school dropout, worked as a machine operator at the time of the Feb. 19, 2013, incident. His shooting of Mohler-Kerns was his second that Tuesday evening. Shortly after 8 p.m., he rammed his car into the back of another vehicle parked across two spaces in an apartment complex near Canal Street and Vista Avenue. The owner had left the car to go to his apartment to get something. After the owner returned, Fisher fired a shot through the passenger window. The bullet barely missed the driver. Fisher drove away. A few minutes later, at 8:25 p.m., Fisher shot Mohler-Kerns while in traffic on Franklin Road near Benjamin Lane. Ten minutes later, at 8:35 p.m., Ada County dispatchers received a 911 call from Fisher’s stepmother. She said her stepson was pounding on the door of her home in the 5100 block of South Umatilla Avenue, demanding to be let in. Neighbors also called to report a man yelling and trying to get inside their homes. Fisher ran away. A Boise police officer found him at 11 p.m. hiding behind a day care center in the 5000 block of South Cole Road. He was holding the .38- caliber handgun used in both shootings and refusing to give himself up. Officers sent a police dog to restrain him. He appeared intoxicated, police said. As Fisher struggled with the dog, an officer shot him with a Taser. Police arrested him and recovered the gun. Fisher told police that he felt threatened by a secret society with which he had contact through his video game system. In court, psychiatrist Camile LaCroix, working for the defense, said Fisher suffered from paranoid schizophrenia, an illness in which a person loses touch with reality. Craig Beaver, another psychologist who examined Fisher for the defense, said he exhibited bizarre behaviors, suffered from delusions and paranoia, and heard voices while incarcerated. Beaver said Fisher suffered from schizoaffective disorder, which includes schizophrenia symptoms and mood disorders. Chad Sombke, a psychologist working for prosecutors, found that Fisher was “irritable and somewhat paranoid and angry.” But he attributed that to Fisher’s incarceration and the fact he was facing serious felony charges. He did not find Fisher to be suffering from mental illness. Former 4th District Judge Ron Wilper found that Fisher suffered from a mental illness and was not able to assist in his defense. Fisher was sent to the prison mental health program and in February 2014 was declared legally competent. On Wednesday, he answered questions about the crime before 4th District Judge Jason Scott, who inherited the case after Wilper retired. Fisher said he intentionally aimed at Mohler-Kerns and meant to pull the trigger. Scott said Fisher killed Mohler-Kerns with a “conscious disregard” for Mohler-Kerns’ life. Mohler-Kerns graduated from Post Falls High School in 2003 and later earned a bachelor’s degree from Boise State University. He was planning to enter a master’s program in business administration in the fall of 2013. He had worked at Murphy's Seafood and Steakhouse at 1555 S. Broadway for more than five years and had worked his way up to manager. The restaurant has since closed. Fisher faces at least 10 years in prison and possibly life when he is sentenced Sept 30. Prosecutors plan to ask Scott to sentence him to at least 25 years before he becomes eligible for parole.

Man accused of theft, forgery arrives at plea agreement Idaho State Journal: July 2- Debbie Bryce POCATELLO — A local man charged with eight felony counts of theft and 20 felony forgery charges has tentatively struck a plea agreement in the case. Jose Luis Arzola Jr. waved in his preliminary hearing in anticipation of that settlement agreement Wednesday. Sixth District Magistrate Rick Carnaroli said Arzola will be arraigned in district court next week. Deputy Prosecutor Jeff Cronin said the defendant is accused of embezzling from the Portneuf Valley Family Center, a local counseling center. Arzola is also the co-owner of the LLC. Cronin said Arzola’s business partner, Dave Sorensen, noticed discrepancies in the center’s books and he contracted with Deaton Company to conduct a forensic audit of the company. That information was turned over to the prosecutor and criminal charges were filed against Arzola. Cronin declined to give details about the plea agreement or the amount of money allegedly stolen until it’s accepted in court, but he said the agreement will require Arzola to admit to felony wrongdoing and a complex restitution agreement will be in place. The state is recommending probation with restitution in the case. “(Steve Herzog’s) philosophy is to fight for justice for victims,” Cronin said. “This was a non-violent crime, he has no prior criminal history, I consulted with (Johnson) about restitution and left it open to the civil process.”

High court affirms no-contact order violation Coeur d’Alene Press: July 2- Keith Kinnaird/ Hagadone SANDPOINT - The Idaho Supreme Court is affirming a Hope man's conviction for violating a no-contact order in a felony domestic violence case. Junior Larry Hillbroom was charged in 2012 with domestic violence resulting in traumatic injury and attempted strangulation. A judge entered an order forbidding him from contacting the alleged victim. The alleged victim sought to dismiss the no- contact order prior to a preliminary hearing, but district Judge Jeff Brudie declined the motion. At the preliminary hearing, Judge Debra Heise agreed to modify the order to allow third-party contact. However, Heise left the expiration date field blank on the modified order. Brudie heard another motion to dismiss the no-contact order, but the request was denied. The day after the motion was heard, Hillbroom was cited for violating the order. Counsel for Hillbroom moved to dismiss the misdemeanor charge, arguing that the no- contact order was invalid under an Idaho Criminal Rule and the state therefore could not prove an element of the crime. The felony domestic violence case was dismissed upon a state's motion, but Hillbroom was ultimately convicted by a jury of violating the no- contact order. Hillbroom appealed his conviction, but a district judge affirmed it. Hillbroom sought redress through the Idaho Court of Appeals, but it too affirmed his conviction. Hillbroom appealed to the high court, which held that Heise did not comply with the criminal court rule. However, justices said the oversight did not require the court to vacate Hillbroom's conviction. "In this case, the magistrate court clearly issued an order prohibiting Hillbroom from contacting the victim," Justice Warren E. Jones said in a six-page opinion issued on Wednesday. Chief Justice Roger Burdick and justices Daniel Eismann, Jim Jones and Joel Horton concurred.

Woman faces trial in fatal crash Lewiston Tribune: July 2- Ralph Bartholdt Jordan E. Fuller daubed her eyes as she waited for detention officers to lead her from the room Wednesday after a Nez Perce County magistrate bound her over for trial on vehicular manslaughter charges. The arraignment for the 26-year-old Lewiston woman charged with felony aggravated DUI and vehicular manslaughter will be Tuesday in Lewiston's 2nd District Court. Prosecutors used witnesses at Wednesday's hearing to carefully revisit the scene of the April 21 two-car collision in Lewiston that resulted in the death of 19-year-old Russell Raschka. Kenneth Hughes, a maintenance worker for a cleaning company, was heading to work after midnight when he neared the intersection of 17th Street and 17th Avenue, according to testimony. He watched a silver Scion bolt east through the intersection and collide with the passenger side of a red Honda. "The silver Scion T-boned the red Honda within a few feet of my pickup," Hughes said. "Both cars went into a spinout across two lanes and into the front lawn of a house." The impact sent the cars skidding through the dark to the southeast corner of the intersection, Hughes said. He stopped his pickup truck and ran up the street while calling 911. "One of the cars was over by the house, not too far from the porch," he said. "The driver of the Scion was out of the car sitting in the grass." He ran to the Honda, he said, where he saw the passenger - Raschka - had his head on the dashboard. He reached his hand through the smashed window to feel for a pulse. "He had a faint one," Hughes said. Alexis Bening, 19, of Lewiston, the Honda's driver, was crying when Hughes arrived and he coached her, with help of dispatchers, to keep calm. The two people in the Scion, including Fuller and Logan T. Walker, 23, of Lewiston, had gotten out of the Scion and didn't seem to need attention, he said. Fuller's attorney, Gregory Hurn of Kwate Law Offices, asked Hughes if he saw Fuller drive the Scion. "You didn't see anyone drive the car, correct?" Hurn asked. "No," Hughes replied. Lewiston police officers testified the driver's seat in the Scion was pushed forward, while the passenger's seat was pushed back, indicating the driver was shorter than the passenger. Lewiston officer Dustin Hibbard estimated Fuller's height as less than 5 feet 7 inches, and Walker as standing approximately 6 feet 2 inches tall. Bening, Fuller and Raschka were taken by ambulance to St. Joseph Regional Medical Center, Hibbard said. Raschka later died of injuries sustained in the crash. Bening and Fuller were treated and released. Fuller was arrested a day later on an aggravated DUI charge. The manslaughter charge was added after Raschka's death. Hibbard said Fuller consented to have her blood drawn at the hospital after the crash and signed a release, but later refused the blood draw. Her blood-alcohol level was 0.193, according to testimony, and she allegedly tested positive for THC - the intoxicating ingredient in marijuana. The legal limit for driving is 0.08. Hurn refuted police claims that his client consented to having her blood drawn and pointed out police did not have a warrant to draw her blood against her will. Hurn also objected to allowing Raschka's death certificate as evidence, but Magistrate Michelle Evans allowed the certificate that showed his cause of death as a traumatic brain injury. The crash was caused by an unlawful and negligent act, Evans said, and based on witness testimony, the blood-alcohol level and the death certificate, there was adequate evidence to hold Fuller over for trial. Fuller is in the Nez Perce County Jail on $100,000 bond. U of I doesn't want lynching mural displayed in old courthouse Spokane Eye on Boise June 25, 2015 1930s-era mural in the former Ada County Courthouse, one of a series spread through the courthouse's central area, shows settlers hanging a Native American man. (State of Idaho) When the former Ada County Courthouse – and former state Capitol Annex – opens as the new Idaho Law and Justice Learning Center later this summer, two controversial 1930s murals depicting the lynching of a shirtless Native American man by white settlers will be covered by banners. ―The building historically has been a courthouse first, a legislative annex secondly, and now a center for law and justice,‖ said Lee Dillion, associate dean for Boise programs for the University of Idaho College of Law. ―All three institutions stand for the rule of law, due process, and for justice for all. And extra-judicial lynching posters are contrary to that – it‘s mob rule, it‘s absence of process, and certainly not justice for all. So I don‘t feel that passive posters, even with the interpretive language, are appropriate to our educational and outreach mission.‖ The murals have long been controversial; their display when the former courthouse was temporarily used as the site for two Idaho legislative sessions in 2008 and 2009 prompted year-long negotiations between the state and Idaho Indian tribes on appropriate explanations on interpretive plaques; the plaques were posted in late 2008. The crudely drawn 1930s murals, which extend throughout the central area of the building with various scenes from early settlement times, were a Works Progress Administration project that put Los Angeles artists to work during the Depression drawing murals intended to depict the Boise area‘s history. When the building was still the Ada County Courthouse, then-District Judge Gerald Schroeder ordered that two murals that depict a lynching be covered with Idaho and U.S. flags; they were hidden for eight years. Schroeder, now retired, went on to serve as the chief justice of the Idaho Supreme Court. Here‘s a link to my 2008 story on how the state and tribes reached agreement on the interpretive plaques. Dillion said he consulted with the Idaho Supreme Court, which will also have operations in the new justice center, including the new state law library, and court officials supported using the banners to obscure the objectionable images; one will be a U of I College of Law banner, the other a Supreme Court state law library banner. He said he still plans to reach out to all stakeholders, including tribes and the state Historical Society. ―There are a lot of stakeholders involved in the issue, and other people may have other opinions for the long-term handling of those,‖ he said. But he said the Supreme Court agreed with him. ―They represent the rule of law and the adjudication of disputes. And to have something that is totally extra-judicial just sitting up there passively showing a lynching, I don‘t think it was appropriate in the ‗40s and I don‘t think it was appropriate now.‖ The first tenant of the new Law and Justice Learning Center to begin operations will be the state Law Library, which opens July 6 and is jointly operated by the UI College of Law and the Idaho Supreme Court. Various court operations also will be moving into the center, along with the law school‘s Boise program; more than 100 students will start second- and third-year law school classes there in late August. The center‘s grand opening festivities are set for Sept. 24. Moscow man pleads guilty to child porn possession Daily News June 26, 2015 A senior district judge from Boise was in Latah County Court on Thursday to hear the guilty plea of William M. Griffin, 64, of Moscow on three counts of sexual exploitation of a child for possession of pornography. Attorneys involved with this case told the judge they've reached an informal sentencing agreement that would reduce the sentence. Judge James Judd reminded them that it's not binding because there is information that still needs to be collected and evaluated before the man's punishment is meted out. Each count comes with a maximum sentence of 10 years in prison and a $10,000 fine. A still image and two videos of pornography involving girls under the age of 12 were recovered by law enforcement from Griffin's computer, based on a search warrant issued in May 2014. The defendant told Judd he has been seeking counseling related to this issue. Griffin will undergo a psychosexual evaluation and is scheduled to return to court at 9:30 a.m. Aug. 27. He'll remain free until then, but was also ordered by Judd to provide a DNA sample and report to the Latah County Parole and Probation office within 48 hours of his court appearance. Judd also told Griffin the guilty plea would result in his being required to register as a sex offender and that he'd lose his rights to vote and possess a firearm. The defendant is the brother of retired 2nd District Court Judge Michael Griffin. Judge Griffin was scheduled to hear the Charles Capone murder case but recused himself from hearing it before jury selection was scheduled to start in June 2014 because of an unrelated investigation by the Latah County Prosecutor's Office. Judge John Stegner of Moscow also disqualified himself from presiding over William Griffin's case because of his lengthy professional relationship to Judge Griffin. Latah County Prosecuting Attorney Bill Thompson also recused himself from the case because of his longtime connection to the retired judge. Casey Hemmer, an Idaho deputy attorney general in Boise prosecuted the case. Griffin's defense attorney is Charles Kovis of Moscow. Mom sentenced for tossing baby Morning News June 25, 2015 LEWISTON (AP) — A woman who pleaded guilty to throwing her baby from a Lewiston Orchards porch has been ordered to serve time in a prison rehabilitation program. The Lewiston Tribune reports Serenity Danner was sentenced in court Wednesday. Danner will be placed in a rehabilitation program as part of a plea deal that calls for a minimum of three years in prison. When Danner completes the program, a judge will decide if she‘s eligible for probation or he‘ll give her a three- to 10-year prison sentence. According to court records, Danner was arguing over the phone with the child‘s father March 28 before she tossed the child over the porch, an 8-foot vertical drop. The child suffered a broken skull and was later taken in to child protective services custody.

Man gets 30 years for killing father Morning News June 25, 2015 BOISE (AP) — A 62-year-old Meridian, Idaho, man has been sentenced to 30 years in the beating death of his 87-year-old father. The Idaho Statesman reports that Anthony W. Conner was sentenced Wednesday in the Jan. 3, 2013, claw hammer attack on Otis Conner. Fourth District Judge Richard Greenwood said the victim ―may have been elderly but he was still full of life.‖ A jury acquitted Conner of first-degree murder but convicted him of second-degree murder after a three-week trial that ended in mid-April. Defense lawyer Michael Lojek said he plans to appeal. Conner denied killing his father, saying he found the older man on a garage floor next to a toppled ladder. The two men shared a home. Prosecutors said the defendant, a truck driver, was strapped for cash to make payments on his home, his commercial truck and other vehicles.

OUR VIEW ACLU right about public defense woes in Idaho June 26, 2015 Idaho Press Tribune By Garry Trudeau Mallard Fillmore By Bruce Tinsley Leaving it up to poor counties to provide for constitutional mandate isn‘t going to work The American Civil Liberties Union has had its share of silly, frivolous legal challenges in the past that have given it the reputation among many conservatives as being an obnoxious left-wing nuisance, and even a threat to traditional America. But on some issues, the ACLU is correct. The lawsuit the group has filed against the state of Idaho for its insufficient public defender system is one such issue. The state‘s patchwork method of providing public defense for those who can‘t afford to hire their own attorneys is, simply put, unfair. Counties are largely left to their own devices to provide public defenders, and many of them don‘t spend nearly as much on it as they do on prosecutors. Only seven Idaho counties have their own public defender‘s office. Most of the others have contracts with outside law firms, but the problem with that arrangement is that those attorneys have other private clients as well, so their time — and loyalties — are divided. And when public defenders have sky-high caseloads, they don‘t have much time to spend with their clients. Before you say, ―Well, if they didn‘t want to have this problem, they shouldn‘t have committed crimes and gotten arrested,‖ don‘t forget that, according to the Constitution, everyone is presumed innocent until proven guilty. Imagine how terrified you would feel if you were wrongly arrested and charged with a crime, couldn‘t afford an attorney and spent months in jail without even having an opportunity to speak to your court-appointed lawyer because he or she is so busy with other cases. Unfortunately, a uniform, strong public defense system means more money — something that isn‘t exactly growing on trees in a state with a small population making modest income living on a large land mass. Most of the seven counties with public defender offices are from the state‘s four most populous regions — Ada and Canyon (Treasure Valley), Bannock and Bonneville (Pocatello/Idaho Falls), Twin Falls (central Idaho) and Kootenai County (Couer d‘Alene). The counties in the worst shape in regards to public defense are the small, rural ones with tiny tax bases. So it‘s hard to imagine the counties themselves being able to ensure an adequate defense system without state help. But the only thing they‘ve gotten in that regard is something lawmakers often resort to when they want to punt — a panel to ―study the issue and make recommendations.‖ Last year the Idaho Public Defense Commission was established to create standards, training programs and a data collection system, and report problems to lawmakers. Of course, legislators don‘t always follow the advice of their own commissions — witness the Medicaid expansion panel. And this one does nothing to put additional resources to public defense. That‘s a bull lawmakers will have to tackle, and it won‘t be pleasant. Some of the laws already on the books are being violated by many counties (prohibition on fixed-fee contracts, obligation to counsel indigent defendants at their first court appearance). But they have no choice — the Constitution requires anyone accused of a crime to be provided with adequate legal representation.

Dauber murder trial rescheduled for Sept. 2016 June 26,2015 Post Register By KATY MOELLER Idaho Statesman Idaho Press Tribune BOISE — A Nampa man who is accused of murdering and dismembering his friend in Idaho City 15 years ago won‘t go on trial until September 2016, according to court records. Michael S. Dauber is charged with first-degree murder in the death of Joshua Reddington, a 25-year-old Salmon man. Boise County prosecutors plan to seek the death penalty. In October, investigators found Reddington‘s partial remains at an Idaho City cabin that Dauber shared with another man. At a preliminary hearing in February, Dauber‘s former roommate described seeing Reddington‘s body at the cabin. Dauber pleaded not guilty to the charge in March. The murder trial was scheduled to start Aug. 3, but more time was needed for scientific work and ―discovery,‖ or exchange of information about witnesses, evidence that will be presented at trial, Fourth District Judge Patrick Owen said at a pre-trial conference Wednesday. Dauber waived his right to a speedy trial. Jury selection will begin Aug. 19 and the trial is set to begin Sept. 12, 2016. The trial is expected to take several weeks. Owen said the trial will run 9 a.m. to 5 p.m. Monday, Tuesday, Thursday and Friday. He said there would be no court on Wednesdays to give attorneys on both sides time to prepare. The jurors will be from Boise County but the trial will be held at the Ada County Courthouse due to security concerns about the historic Boise County Courthouse, which dates back to the late 1800s. Owens said a recent study on the security of the old courthouse confirmed that the those issues cannot be easily remedied. Dauber is also charged with first- degree murder in the death of Steven Kalogerakos, a 42-year-old who went missing in December of 2007. Kalogerokos‘ dismembered body was found in a shallow grave outside Idaho City.

Nampa man pleads guilty to three murders Ruth Brown Idaho Press Tribune June 27, 2015 Adam Dees faces a possible sentence of three life sentences, plus 25 years BOISE — Adam Dees remained expressionless as he stared at District Judge Samuel Hoagland and pleaded guilty to three counts of first-degree murder and one count of robbery Friday. Dees, of Nampa, admitted to the March murders of 80-year-old Theodore Welp; his 77-year-old wife, Elaine Welp; and their 52-year-old son, Thomas Welp, who were found dead March 10 in their home in the Boise foothills. Dees will be sentenced for the crimes at 9 a.m. Aug. 28. Additional charges were dismissed pursuant to a plea agreement. Prior to accepting Dees‘ guilty plea, the judge asked him a variety of questions to make sure he understood his legal rights and the meaning of the plea agreement. ―Why did you decide to plead guilty?‖ Hoagland asked Dees. The 22-year-old man took a deep breath, exhaled and responded with a simple, monotone answer. ―Because I am guilty,‖ Dees said. The judge asked Dees to explain in his own words what he did to make him guilty of the charges. ―Sir, I killed, I killed three people, and I robbed their home,‖ Dees told the judge. As a part of the plea agreement, prosecutors will recommend three consecutive life sentences for the murders and 25 years — also consecutive — for the robbery charge. Dees also waived his right to appeal. In exchange for his plea, prosecutors agreed not to pursue the death penalty. The agreement is binding on the court. A binding plea agreement means the judge will follow the sentencing recommendations. If Dees violates the agreement in some way, the agreement could no longer be binding. Additionally, prosecutors have up to 60 days after sentencing to file a notice of stipulation to pursue the death penalty if circumstances of the agreement change. Ada County Prosecutor Jan Bennetts said the relatives of the victims have requested the case come to end with the plea agreement, as death penalty trials can often take years to complete adjudication. George Welp, son of Theodore and Elaine and brother of Thomas, spoke at a press conference following the court hearing. ―Our dad, mom and brother, whom we love dearly, were taken from us, and this is something we will never understand,‖ George Welp said. ―To say the last three months have been devastating, overwhelming and painful and would be an understatement.‖ George Welp said the family needs time to heal. ―Our family needs time together living our lives in order to feel whole again,‖ he said. ―That time will not be spent in a courtroom, enduring a trial, sentencing and appeals that would likely span years, even decades.‖ Ada County prosecutors offered new details into the murders of the Welps during court. All three victims were shot in the head by a 9 mm handgun. Thomas Welp was found dead in a bed after being stabbed in the neck, which then severed his spine. He was then bludgeoned in the head with a wooden baseball bat and shot in the head. Broken pieces and splinters from the bat were found by police around the bed, Ada County Deputy Prosecutor Brian Naugle said. Theodore Welp had extensive bludgeoning to the head, damaging his skull, and Elaine Welp had been struck multiple times in the head and face. Theodore and Elaine had been bound with scarves that were taken from their home. Naugle said there were physical bodily signs that the victims attempted to defend themselves. During the investigation, law enforcement found no connection between the Welps and Dees and stated that the key motive was robbery. On March 8, Dees missed work and was seen at a Walmart in Garden City where he purchased black gloves, a black wooden bat and a package of Zip Ties. After the slaying, Dees was later seen on video disposing of evidence in a trash bin near Barbacoa in Boise. He used a piece of carry-on luggage that belonged to Theodore Welp to dispose of a bat that had broken in half, the victims‘ driver‘s licenses and other evidence. Authorities believe he disposed of the black gloves and a variety of other items from the scene. Other evidence that led to Dees‘ prosecution included interviews with people who knew him. Dees was seen by his roommate cleaning a gun with a Q-tip. That Q-tip was later found by law enforcement and tested positive for traces of Thomas Welp‘s blood. Dees‘ robbery charge stems from multiple thefts from the Welps‘ home, including Theodore Welp‘s credit card. He used the cards at several Boise businesses and signed the victim‘s name on the receipts.

Moscow woman sentenced in exploitation case By Samantha Malott, Daily June 30, 2015 A 23-year-old Moscow woman could spend up to eight years in prison after being sentenced for her role in the death of a 67-year-old vulnerable adult under her care. Lindsey Winter had already pleaded guilty to principle to exploitation of a vulnerable adult and was sentenced Monday by Latah County 2nd District Court Judge John Stegner to two to eight years in prison, with retained jurisdiction. Under the "rider," Winter will complete a program, likely lasting six months, with the direction of the Idaho Department of Corrections. Depending on her performance, she will be released on probation or ordered to serve the full sentence. The vulnerable adult, Lee Pohrman, was found deceased in November 2013 inside the residence Winter shared with Charles Wright, 25, of Moscow. The cause of death was ruled as starvation. Winter pleaded guilty on April 13 to the charge of exploitation under a Rule 11 plea agreement with the Latah County Prosecutor's Office, which dismissed two additional charges of abuse or neglect of a vulnerable adult and fraudulently obtaining welfare or public assistance. "I take responsibility for what happened and it eats at me everyday, because he died and he was a close family friend," Winter said at the sentencing. "I'm hoping I can recover from this by getting the help I need ... and I'm sorry to the family." Winter's defense attorney, Charles Kovis, argued for her to be placed directly onto probation and said the counseling and educational needs she requires can be met locally. Kovis said Winter hopes to earn her GED, continue with counseling so she can regain custody of her two children and find employment. One of her biggest motivating factors is to get her children back, he said. Mia Vowels, representing the state from the Latah County Prosecutor's Office, said a pre-sentence investigation found Winter is not a good candidate for probation at this time. Vowels said the report reads that Winter obviously loves her children but it has been a struggle to get her to follow through with obligations, including attending parenting classes and visits with her children. "She failed to follow through while pending sentencing," Vowels said. According to the investigation, Vowels said Winter took little to no responsibility for her actions and she appears to lack basic life skills to raise her children in a safe and healthy environment. Retained jurisdiction could teach her some of those skills, Vowels suggested. During the 33-month period that Pohrman lived with Winter and Wright, a total of $40,450 in checks had been made out to the couple from Pohrman's account. They should have received only $13,200 at the rate Wright claimed Pohrman was paying him for in-home care. Wright was sentenced May 12 to a fixed term of three years in prison and seven years indeterminate after pleading guilty to one count of principle to neglect of a vulnerable adult. Both also face $225.50 in court costs and joint restitution of $10,000.

Local man sentenced to Rider program By LESLIE Morning News June 30, 2015 BLACKFOOT — Charged with one felony count of video voyeurism, 19-year-old Shawn Michael Lee Thompson appeared before Seventh Judicial District Judge Bruce Pickett on Monday for sentencing. Thompson could have faced a maximum sentence of five years in the penitentiary and up to $50,000 fine. Thompson pleaded not guilty on March 10, but on April 10, with a plea agreement, Thompson changed his plea to guilty. In this plea agreement, the state would recommend probation. Speaking to Thompson, Judge Pickett said, ―You have motivation to change your ways. Your behavior is based on drug abuse since you were 16; you‘re 19 now. ―I am concerned about your behavior in jail,‖ the judge said. ―Probation is not appropriate.‖ Pickett sentenced Thompson to two years fixed and three years indeterminate in the Idaho Department of Correction. He was fined $1,000 and must pay $100 for the pre sentence investigation. He must reimburse the county $500 for the services of the public defender. ―You are very young,‖ said Pickett. ―You can‘t make it on probation.‖ Pickett then put Thompson on retained jurisdiction for 365 days and put him in a traditional Rider program. A traditional Rider program is served for 120 days in northern Idaho. ―Your behavior in jail is part of that Rider program; if you in any way cause harm to a prison, I can pull you immediately back in for sentencing,‖ said the judge. Thompson was ordered to provide a DNA sample and a right thumb print impression. He was remanded to jail. When asked if he would like to address the court, Thompson said, ―I take responsibility for my actions; I‘m sorry for what I did.‖ ―I did not realize my actions would affect others and I will start working to better myself,‖ he said. ―I would like to become a mechanic and join the National Guard.‖ ―This is his first felony offense as an adult,‖ said defense attorney Manuel Murdoch. ―I recommend he be placed on probation; that he go through treatment and prove to himself and the court he can do this.‖ ―This is the most unusual sentence I may ever recommend,‖ said Chief Deputy Prosecuting Attorney Paul Rogers. He recommended Thompson be given probation. ―My hope … is that he is going to be successful on probation,‖ said Rogers. ―His behavior in jail has not been good. He was tazed a few times and would plug up sinks. ―The Sheriff‘s office does not want him,‖ the prosecutor said. ―I would recommend three years fixed and two years indeterminent before giving him probation or, if he does not make it on probation, imposition of sentence. Rogers also recommend Thompson complete 200 hours of community service; five years probation and no upfront jail time.

Woman sentenced for shaking infant Idaho Press Tribune July 2, 1015 Judge orders 10 years in prison and $5,000 in civil penalties for Wilder resident CALDWELL — A Wilder woman was sentenced to 10 years in prison for violently shaking a 6-monthold boy she was babysitting between the months of November 2014 and January 2015, according to a news release from Canyon County. Sarah Kuiper-Boles, 29, was charged with a felony for the crime of injury to a child. She will serve four fixed years in prison, followed by a six years indeterminate. Judge Molly Huskey also ordered Kuiper-Boles to pay court costs and to have no contact with the victim, the victim‘s family or any minors for a period of 10 years. She also has to pay a civil penalty of $5,000. Kuiper-Boles was arrested in February after an investigation by Wilder Police and the Canyon County‘s Sheriff‘s Office. She admitted to dete c t ive s during an interview that she became angry and frustrated while babysitting the child and violently shook him back and forth because he was crying. She also admitted after one occasion the child‘s eyes rolled back into his head, his body went limp and he began vomiting. Kuiper-Boles chose not to reenact what she did on a baby doll because she was scared to show how hard she really shook the baby because she was afraid the doll‘s head would come off, according to the release. ―This is one of the most disturbing cases of injury to child I‘ve ever seen,‖ said Canyon County Prosecutor Bryan Taylor. Idaho crime report Morning News July 3, 2015 The Idaho State Police Bureau of Criminal identification released their annual ―Crime in Idaho‖ report for 2014 on Wednesday. In Bingham County, Sheriff Craig Rowland said, ―We solved more of the crimes in the county. ―In 2013 there were 717 total offenses; there were 713 total offenses in 2014,‖ the sheriff said. ―It’s a downward trend on offenses and an increase in arrests. ―The total arrests in 2013 totaled 442; in 2014, the arrest total was 494,‖ said Rowland. That’s a 11.8 percent change from ISP releases 2014 statistics 2013. ―We made 92 DUI arrests last year,‖ he said. ―I’m happy with our guys and happy with the sheriff’s office,‖ said Rowland. In the whole of Bingham County, there were 2,205 offenses in 2013; in 2014, the number of offenses had declined to 1,875 or a -15.0 percent change. The total arrests in the county decreased -14.9 percent from 1,408 in 2013 to 1,198 in 2014. There were 1,323 offenses in 2013 in Blackfoot and 974 offenses in 2014 for a decrease of -26.4 percent. In Blackfoot, there were 846 arrests in 2013 and 604 arrests in 604 for a percentage change of -28.6. In Aberdeen, total offenses in 2014 were 34; in 2014, the offenses totaled 38 for a change of 11.8 percent. The total arrests in Aberdeen in 2013 totaled 17 and 10 in 2014 for a -41.2 percentage between the two years. In Shelley, there were 131 offenses in 213 and 150 total offenses in 2014 for a change of 14.5 percent. The total arrests in 2013 were 103 in Shelley; the total arrests in 2014 were 90 for a percentage change of -12.6. This ISP annual crime report is a synopsis of statewide crime statistics gathered from law enforcement agencies across Idaho and includes such things as the Statewide Crime Profile, Crimes against Persons, Property, Society, the Arrest Profile, Hate Crime in Idaho, Law Enforcement Officers Killed or Assaulted, crimes categorized by jurisdiction and many other statistics. In 2013, Idaho was ranked 12th out of 13 states in the West Region for the number of violent crime per 100,000 population. Idaho had a rate of 217.0 per 100,000 population. Alaska, with a rate of 640.4, had the highest rate of states in the West Region. Wyoming had the lowest rate at 205.1. The District of Columbia had the highest ranking of violent crimes per 100,000 population in 2013 with a rate of 1300.3 per 100,000 population. In 2014, no law enforcement officers killed in the line of duty in Idaho. However, the number of assaults against law enforcement officers was up 7.5 percent from 2013, with a total of 286 assaults on officers. The full report is available for review or download on the Idaho State Police website at www. isp.idaho.gov. Look for the ―Crime Statistics‖ under quick links. Man on probation after harming infant Morning News July 3, 2015 BURLEY (AP) — A southern Idaho man who was convicted of permanently injuring a baby boy has been released on probation after serving less than a year in prison. The Times-News reports that 22-year-old Michael Carnes of Burley pleaded guilty last year to felony aggravated battery of the infant. In exchange for his plea, prosecutors recommended that Carnes be sentenced to between five and 15 years in prison, with the chance to be released early if he successfully completed a prison treatment program. A charge of felony injury to a child was also dropped. On Tuesday, 5th District Judge Michael Crabtree agreed that Carnes had successfully completed the treatment program, and released him on 15 years’ probation. He also ordered Carnes to pay about $3,800 in restitution. The boy was 5 months old when Carnes injured him. The baby spent a month undergoing surgeries in a Salt Lake City hospital, and was left permanently blind from the injuries. Teen sentenced in case of 15-year-old’s fatal shooting Idaho Press Tribune July 3, 2015 CALDWELL – Judge Dayo Onanubosi sentenced a 16-year-old Caldwell boy Wednesday in connection to the March fatal shooting of 15-year-old Israel ―Ree Ree‖ Briones. The teen, whose name has not been released, was sentenced to one year of probation and 180 days in jail after he pleaded guilty to grand theft, said Canyon County spokesman Joe Decker. Of that jail time, 155 days will be suspended, 10 days will be served and 15 days will be held as discretionary time. He will serve 60 hours of community service that must be completed by Nov. 30. An additional burglary charge was dismissed. Caldwell Police ruled the case accidental, and it is believed Briones, of Caldwell, unintentionally shot himself while holding the stolen weapon. Decker said the 16-year-old’s grand theft charge stemmed from the fact that the weapon was stolen. 3rd District judge appointed to appeals court Idaho Press Tribune July 3, 2015 BOISE — A Canyon County judge will soon become Idaho’s newest appeals judge. Molly J. Huskey, who’s served as a judge in Idaho’s 3rd Judicial District, will replace Idaho Court of Appeals judge Karen Lansing, who’s retiring after 22 years. Before becoming a judge in Canyon County, Huskey served as an Idaho State Appellate public defender , the chief of the appellate unit in the state and has worked as a deputy prosecuting attorney and public defender in Bonneville County. She earned her law degree from the University of Idaho in 1993. ―I am honored to be selected to serve the citizens of Idaho as a judge on the Idaho Court of Appeals,‖ Huskey stated. ―The Idaho Court system is comprised of hard-working, bright and talented people, and I am looking forward to the challenges and appreciative of the opportunity to serve in this capacity.‖ Gov. Butch Otter, who appointed Huskey to her new position, said he’s excited to see her step into her new role. ―I am pleased to appoint Judge Huskey to this important position in our judiciary,‖ said Otter. ―Molly has a long history of public service with experience as a prosecutor and also a public defender. I believe her accompl ish ment s and those experiences will serve her and Idaho well in this new role. I also wish to extend my thanks to Judge Lansing for her years of service and wish her well in retirement.

New Magistrate Judge named By LESLIE Morning News July 6,2015 IDAHO FALLS — The Seventh Judicial District Magistrate’s Commission has selected James (Jimmy) Howard Barrett as the new Custer County Magistrate Judge. Barrett will fill the vacancy left by the Honorable Charles Roos. Roos has served the people of the State of Idaho, the Seventh Judicial District and Custer County as a Magistrate Judge for over 29 years. Barrett was admitted to the Idaho State Bar in 2002 and has maintained a criminal practice of law in the Seventh Judicial District since 2003. He was a Bingham, Fremont and City of Rexburg prosecutor from 2003 to 2007. From July 2007, he has been a Bonneville County Public Defender and was appointed as the Chief Public Defender in 2008. ―I know the judges and clerks [in Bingham County]; they’re a wonderful group of folks,‖ said Barrett. ―My chambers will be in Challis but I will be a traveling judge and travel to Bingham County’, Judge Roos, who is retiring, was also a traveling judge. Barrett, a native of Madison County, received his B.A. from Idaho State University in 1991 and was an English teacher from 1993-1994 and adjunct professor at Ricks College. He than completed his law degree at Idaho College of Law in 2000 and also received a LL.M. degree from the University of Denver in 2002. The Magistrates Commission Chair, Administrative District Judge Darren Simpson, announced Barrett’s appointment. ―There were four highly qualified applicants interviewed,‖ Judge Simpson said. ―The Magistrate’s Commission and I were confident that the people of Custer County would be well served by the appointee, James Barrett.‖ Upon appointment, magistrates serve an 18-month probation, after which they stand for retention election in the county in which they are seated and, if retained, serve a term of four years. Barrett may be assigned cases in all 10 counties in the Seventh Judicial District, but most of his time and travel as a judge will be between Custer and Bingham counties. Barrett’s official duties begin Tuesday, Sept. 1. ―I’m looking forward to this new experience working with really good people,‖ said Barrett. ―There’s a judge’s college in Reno I will attend [before he begins his judgeship],‖ he said. ―I think it will be on the job training with a learning curve.‖ I.F. man sentenced for pot possession By TOM HOLM Post Register July 6, 2015 District Judge Joel Tingey sentenced an Idaho Falls man to one-to-five years in prison Monday for possession of more than two pounds of marijuana. Montie Joe Brown, 52, pleaded guilty May 26 to charges of trafficking in marijuana, one pound or more but less than five pounds, and a charge of unlawful possession of a firearm by a convicted felon. Tingey sentenced Brown to one year fixed with five years indeterminate to follow for each charge. The prison time is to run concurrently. Idaho Falls Police Department officers found the marijuana and a shotgun March 25 at a residence on the 400 block of H Street, authorities said. Brown was not present when the officers found and seized the marijuana and the gun. Police arrested Brown on May 5 after a warrant was issued for his arrest. Applicants sought for state Bar's Citizens Law Academy Spokane Eye on Boise July 7, 2015 The Idaho Law Foundation is inviting applicants for its Citizens Law Academy, a free program that runs one evening a week from Sept. 15 to Dec. 1 and educates participants about the law, their rights, what lawyers do, how the judicial system works, and more. The academy is open to Treasure Valley residents age 18 and over; applications are due by Sept. 1, and space is limited. There’s more info here, including how to apply. The Idaho Law Foundation is the charitable arm of the Idaho State Bar Preservation group objects to covering lynching murals in new law center Spokane Eye on Boise July 7, 2015 Preservation Idaho, the state’s leading historic preservation group, has sent a letter to University of Idaho officials asking them not to cover two historic murals depicting the lynching of a Native American man in the former Ada County Courthouse when it reopens as the new Idaho Law & Justice Learning Center later this summer, with occupants including the UI College of Law and some operations of the Idaho Supreme Court. ―Idahoans have not destroyed the sites of the Bear River Massacre, the Minidoka Internment Camp, or Massacre Rocks State Park,‖ said the letter from the group’s president, Paula Benson. ―We deplore what happened at the sites but we acknowledge them so that we may reflect and learn from past mistakes.‖ She added, ―History may not always be packaged as we would like, but it enables us to learn valuable lessons. Idaho’s history, embodied by these murals, should be honored, interpreted, and left in place.‖ You can read the full letter here. It notes that in 2007, before the Idaho Legislature held its sessions in the building for two years, extended negotiations between the Legislature, the state Historical Society, Idaho’s Native American tribes, and Preservation Idaho resulted in a decision to leave the murals uncovered but to add interpretive plaques prepared by the Historical Society and approved by the tribes; those plaque are still there. Lee Dillion, associate dean for Boise programs of the University of Idaho College of Law, to whom the letter was addressed, referred questions about it to university spokeswoman Stefany Bales in Moscow, who said Benson made good points in her ―very thoughtful‖ letter. Oppression of Native Americans by settlers is ―a painful part of our history that we don’t want to forget, and she’s right about that,‖ Bales said. ―There was a meaningful conversation that took place‖ about the murals in 2007, Bales said, but now, she said, the use of the building is changing. ―It’s not necessarily a building with public foot traffic. It’s a very specific group of people using the building. So it seems to us that it’s time to have another conversation about what to do with that mural, whether to leave it visible or not. And that’s a conversation that has to happen with a group of stakeholders that I would suspect would look very much like the last group that came together to talk about it.‖ She added, ―It won’t be uncovered for the opening. … We did agree to temporarily cover them until we determine what the future should be, longer term.‖ Bob Geddes, the new director of the state Department of Administration – which owns the building on behalf of the state, and is leasing it to the UI College of Law and the Idaho Supreme Court as tenants – said, ―Certainly we can’t destroy those murals. There’s value in those murals, and that was established.‖ He said, ―I can fully understand that some people are offended by those murals, and other people value them as valuable art.‖ For now, he said, ―We’ve given them the go- ahead if they want to drape those with something, but they should not destroy them or take away the plaques.‖ That way, he said, ―If someone wants to see them, they can look at those.‖ The issue is familiar to Geddes – he was the president pro-tem of the Idaho Senate back in 2007, and participated in the talks about the murals then. ―I think the plaques that were displayed with those murals accurately describe kind of the sentiment of what most stakeholders agreed was acceptable,‖ he said. ―I guess we may have to do that process yet one more time.‖ With a chuckle, he added, ―It’s nice to be in a job that I have some experience.‖ ―Quite honestly, I think probably if the university went through that stakeholder process, I think they would find the same thing, and they’re already finding that sentiment,‖ Geddes said. ―So maybe we’ll have to be a little less sensitive but understand the perspective, perhaps, of the artists and the fact that the history is what it is.‖ Former Idaho Chief Justice Linda Copple Trout, who is now acting administrative director of the state courts, said she queried the Idaho Supreme Court justices about the murals earlier and they agreed to drape the two depicting the lynching with banners for the building’s opening. ―Because something is wrong and offensive, just because it’s historical does not mean that we should honor that,‖ she said. But she added, ―I think it’s always appropriate to talk to all of the stakeholders.‖

New Attorney General's manuals out now to reflect changes to Public Records, Open Meetings laws Spokane Eye on Boise July 8, 2015 The Idaho Attorney General’s office has published new versions of its manuals on the Idaho Public Records Law, the Idaho Open meeting Law and the Ethics in Government law, to reflect changes enacted by the Legislature this year, including recodifying all three statutes into a new title of the Idaho Code entitled ―Transparent and Ethical Government.‖ ―One of the most essential elements to a free and democratic society is government that honors, respects and promotes transparency,‖ said Attorney General Lawrence Wasden. ―These manuals have always provided the tools and understanding of the laws designed to help the public hold government and its leaders accountable.‖ He added, ―This recodification reflects the importance that lawmakers and I place upon transparent and ethical government all across this state.‖ The recodification changes the Idaho Code numbers to reference all three laws; previously, the Public Records Law was deep in the section of Idaho Code dealing with evidence; the Open Meeting Law was under a ―miscellaneous‖ section; and the Ethics in Government law was under a public officers section. Now, all are in Title 74, making all three easier to find and giving them more prominence. However, the changes will require all those who reference the laws to change the statute numbers they cite, just as Wasden revised the manuals his office publishes. For example, public records requests that previously cited Idaho Code Sections 9-337 through 9-350, now will need to cite Idaho Code Sections 74-101 through 74-126, the new section numbers for the Idaho Public Records Law. Wasden is recommending that local government leaders take time to update their own materials to reflect the changes. In addition to the recodification, the new manuals reflect this year’s increases in fines for violations of the Open Meeting Law. All the manuals can be found online here. The Idaho Public Records Law was first enacted in 1990; this year marks its 25th anniversary. 21-year-old Nampa man’s jury trial began Tuesday By RUTH BROWN July 8, 2015 Idaho Press-Tribune CALDWELL — A 21-yearold Nampa man’s jury trial began Tuesday in a case in which he is accused of killing someone for $700 and ―being disrespectful.‖ Jury selection for Raul Edgar Herrera’s case took place before District Judge Molly Huskey. He is charged on suspicion of first-degree murder, second-degree kidnapping, robbery, burglary and aggravated battery. Jury selection was complete by 2:30 p.m. Attorneys selected eight women and six men for the trial. Two of those people will serve as substitute jurors. Herrera and his co-defendant Angelo Cervantes, 21, of Nampa, were arrested after Jeffrey Dyer, 46, disappeared from his Nampa home on West Dakota Avenue in early November. Dyer was found dead a few days later in the trunk of his 1995 Cadillac Seville, which was abandoned in Ontario, Oregon. Dyer died of blunt force trauma to the head, according to officials. During jury selection, attorneys asked juror candidates a variety of questions. Some questions included if the individual would be able to make a fair and impartial decision, if they had ever lied for a friend and if they had any racial prejudices, among several other questions. In the afternoon, the prosecution and the defense were scheduled to make opening arguments. Attorneys will begin bringing evidence and testimony before jurors today. Herrera and Cervantes were also arrested in connection with an alleged non-fatal attack on another man in the same house in early December. Investigators later reported finding property that they believed was taken from Dyer’s home. In May, Cervantes pleaded guilty to first-degree murder, second-degree kidnapping and aggravated assault. He has not yet been sentenced. The trial will begin at 9 a.m. each day and is scheduled to last through July 24.