Kenneth L. Anderson Ken Anderson was born to Homer and Ethel Anderson on May 14, 1938, in Borger, Texas. He attended school in Pampa, Texas, where he was the photographer for the high school newspaper, a member of the slide rule club and enjoyed classical music and his train set. He joined the United States Air Force in June 1956 and was stationed in Turkey for a year. During his four year military tenure, he became a fluent speaker of the Russian language. Ken was honorably discharged and released from active duty in July of 1960. He then began to pursue his education and ultimately graduated from the University of Texas with a Bachelor of Arts in history in 1963 and then obtained his Master of Arts in history in 1965. After passing doctoral exams at University of California Los

Angeles in 1968, he became an assistant professor of history (Ancient, medieval and Byzantine) at Washington State University in Pullman. He later decided to embark on his next educational endeavor, where he would discover his passion for helping people. He enrolled in the University of Idaho College of Law in 1975, where he graduated and was admitted to the Idaho State Bar in 1978. Ken was the prosecuting attorney for Nez Perce County for a short time and then decided to open his own practice in 1978. Helping others has always been the cornerstone of Ken's essence, which is why in 1990 he restricted his practice to bankruptcy. He maintained offices in Lewiston and Grangeville, and helped countless families and businesses in reorganizing their lives toward a debt-free future. Ken was very proud of that. He was a member of the Commercial Law and Bankruptcy Section of the Idaho State Bar as well as president of North Idaho Debtors' Counsel in Coeur d'Alene. He was an accomplished classical pianist, played classical guitar and participated in Summer Palace Theater at WSU. He also belonged to the Outlook Club for more than 30 years and was an active member of the Lewis-Clark Valley Train Club. Ken was also an enthusiastic ham radio operator, with call sign KB7IAW. Ken was instrumental in establishing the first repeater tower above Grangeville. Ken not only utilized ham radio for communications with his family and people all over the world, but used his skills to set up and become the area's Skywarn coordinator for the National Weather Service offices in Spokane and Missoula. He and his fellow amateur radio operators were very proud to provide storm spotting and early warning of severe weather. When not engaged in professional duties, Ken enjoyed family activities including trailer camping, photography, massage, home brewing, model railroading with his grandson Levi, cross country train trips, storm chasing in his home state of Texas, continuing to brush up his Russian language skills, and sipping on Wild Turkey and smoking an occasional cigar on the observation deck. Ken leaves behind his wife, Janet Anderson, who is a retired Grangeville Elementary School teacher; two daughters, Stephanie Lathrop (Earl) and Wendy Anderson; two stepsons, David Swisher (Sara Stolz) and Gary Yamamoto (Patty Harris); and seven grandchildren: Kim, Cindy and Daniel Yamamoto; Krista, Olivia and Levi Lathrop; McKenna Anderson (as in "Ken"); and nine great-grandchildren. A memorial service will be held at 11 a.m. Saturday at the First United Methodist Church, 1906 Broadview Drive, Lewiston, with a catered reception to follow. Sign the online book of memories at www. mtviewfuneralhome.com.

Child mental health care lawsuit in Idaho settled after 35 years Idaho State Journal: Jun.14 Jeff D. was 15 years old when he was committed by a state court to the custody of the director of the Idaho Department of Health and Welfare under the Idaho Mental Health Act. He was diagnosed as being emotionally disturbed and mildly mentally disabled, and Idaho had no resources to treat him. His subsequent incarceration led to a 1980 lawsuit that has finally been settled 35 years later. Jeff D. is now 50 years old. According to a news release from the Idaho Department of Health and Welfare, settlement of the lawsuit will bring better access to community-based mental health services for 9,000 Idaho children with serious emotional disturbances. It provides an opportunity for the state of Idaho to resolve the long-standing lawsuit. “The settlement gives Idaho a clear path in delivering needed community-based mental health services,” said Ross Edmunds, administrator of the Division of Behavioral Health at the Idaho Department of Health and Welfare. “Most importantly, it provides an effective system to treat youth with serious emotional disturbances and their families. Our success with this settlement will ultimately bring an end to the Jeff D. lawsuit.” “The governor (C.L. “Butch” Otter) should be applauded for supporting collaborative improvement of Idaho’s children’s mental health system,” said Patrick Gardner, an attorney with Young Minds Advocacy Project who helped negotiate the settlement. “Idaho is a model for other states in its commitment to serve children in need using a coordinated system of care.” The settlement aims to address the gaps in Idaho’s mental health system, making it more effective and efficient in meeting the needs of children with serious emotional disturbances and their families. The settlement commits the state to taking a number of concrete steps to develop and implement a sustainable, coordinated, and comprehensive mental health system, including: * Creating a statewide process, across all child-serving systems, to identify and screen youths for unmet mental health needs. * Providing a comprehensive array of community-based services and supports to children when medically necessary. * Delivering services using a consistent approach that engages families, youths, and their support systems. * Monitoring and reporting on service quality and outcomes for youths. “The settlement outlines a plan for Idaho to create an effective and meaningful system of care,” said Howard Belodoff, the attorney for the children. “When successfully implemented, the agreement will lead to children throughout the state having access to a comprehensive array of mental health services and supports in their own homes and communities.” The settlement is the result of more than a year of negotiations. Participants include key community stakeholders representing parents, advocates and private providers, along with representatives from Health and Welfare, the Idaho Department of Juvenile Corrections, the Idaho State Department of Education, as well as attorneys representing the class members. The settlement anticipates implementation over a 4-year period with three additional years of monitoring to ensure sustained performance of the service delivery system. Upon successful completion of implementation and monitoring, the lawsuit will be dismissed. The settlement agreement must be approved by the federal district court. “This is a positive step forward for coordinated community-based mental health services,” said Sharon Harrigfeld, Director of the Idaho Department of Juvenile Corrections. “We know that collaborative efforts at the community level have positive outcomes for youth and we look forward to continuing these efforts to meet the needs of youth with serious emotional disturbances and their families through this Agreement.” Access to appropriate mental health services is a critical component of children’s health care systems. Research shows that half of all lifetime cases of mental illness begin by age 14 and three-quarters by age 24. The Idaho Department of Health and Welfare estimates that 20 percent of all youths will have a diagnosable mental disorder during childhood. Family members with children who suffer from mental illness praised the settlement as an important step forward in Idaho. “Our family experienced a lot of challenges and frustration as we tried to get our daughter appropriate care,” said Jennifer Griffis, parent and chairwoman of the Idaho Behavioral Health State Planning Council. “The agreement provides a promising structure for Idaho’s mental health system to be more responsive to the needs of children and families.” Otter applauded the leadership and staff at all the state agencies impacted by the Jeff D. case for their perseverance and dedication to doing the right thing for the children of Idaho throughout a long and difficult legal process. “I’m proud of our people. I’m proud of the processes and priorities they have put in place. And I’m very pleased that their hard work and determination has brought us to this day,” Otter said. “The Jeff D. case has been part of Idaho’s political and public policy landscape for decades. Changing cultures and overcoming tough challenges often takes time. But we understand that realizing success will mean a continuing commitment to upholding the letter and spirit of this agreement.”

Man Gets Up to Life Sentence for Pharmacy Robberies MagicValley.com: June 16- Benton Smith Twin Falls • A second man has been sentenced to up to life for a series of Twin Falls pharmacy robberies. Brody McEwen Trout, 25, was sentenced to a minimum of eight years Monday at Twin Falls County District Court by District Judge Richard Bevan. Deputy Prosecutor Stan Holloway recommended 12 years minimum for Trout while defense attorney Tim Williams recommended four years. Because of Trout’s longtime drug use, Holloway said, he should serve a longer sentence than co-defendant Bradley Cole Holcomb. Holcomb was sentenced May 29 to 10 years to life in prison. He has filed an appeal of the sentence. The two men had too similar of paths to consider one the leader over the other, Bevan said. “You two are peas in a pod as for as I’m concerned,” he said. Williams said Trout’s crimes were due to serious drug addiction and that if the addiction could be treated, then Trouts’ behavior could change. “How do you lose a child who has a good upbringing?” Williams said. “Well, you lose them to drugs.” Bevan said he recognizes how serious Trout’s addiction is, but because Trout acted upon his addiction by robbing multiple pharmacies between June and November, an argument calling for a shorter sentence and more rehabilitative programs wasn’t an option. “The planning and detail that went into these crimes belies that approach,” Bevan said. Trout said that he wanted to beat his addiction and had access to meth and heroin in his last stint in prison. He said he was worried about a lengthy sentence. With a shorter sentence and rehabilitation, he would like to become an example to others with addiction, he said. “I think your actions speak much louder than your example could in penitentiary,” Bevan said. “Can you be trusted on probation or on parole? Right now the answer is clearly no.” Co-defendant Angelic Escobedo, 21, is serving five years of probation. The three robbed Walgreens on Blue Lakes Boulevard in June 2014, both Twin Falls Walgreens in September, Kmart in September, and Shopko and Walgreens on Washington Street in November. In each instance, they demanded drugs, usually methadone, police said.

Torgerson hired as CEO of North Idaho CASA Coeur d’Alene Press: June 17 KJ Torgerson has been hired as the CEO of the 1st Judicial District CASA Program, Inc, commonly referred to as North Idaho CASA. The CASA (Court Appointed Special Advocate) program strives to ensure that every child in Idaho's First Judicial District lives in a safe, healthy and nurturing family environment. CASA advocates represent the best interests of abused and neglected children in our community that are removed from their home as a result of abuse or neglect. Appointed by a judge, a CASA advocate investigates reports and speaks on behalf of a child in court. Torgerson has been a CASA volunteer advocate for 6 years. "I am so honored to continue to be part of the CASA team and look forward to increasing awareness about the hundreds of children CASA serves each year." Torgerson is a Stanford University graduate and holds a Master's of Science degree. She comes with 16 years of business management experience, the majority of which has been in leadership roles for nonprofit organizations. She specializes in operations, strategic planning, program development and fundraising. "CASA is about a special group of children who have been abused and neglected at the hands of those that are their 'adults.'" It takes a special person to do the work involved to be the voice for these children explained Lora Whalen, a member of the CASA board of directors. "KJ's professionalism, energy and experience," said CASA board member Luke Malek, "will serve to guide our staff and volunteers in advocating for our community's most vulnerable members: The abused and neglected children." For more information please contact KJ Torgerson, 1st Judicial District CASA Program CEO, at (208) 667-9165 or visit northidahocasa.com. Woman sentenced for sex with adopted son Coeur d’Alene Press: June 17- Keith Cousins COEUR d'ALENE - Kimberly Durlin was sentenced Tuesday to 20 years in prison for having sex with her 14-year-old adopted son. But Kootenai County District Court Judge John Mitchell gave her a second chance by recommending Durlin, 32, enter a sex-offender treatment rider program. "I'm not a punishment-oriented judge," Mitchell told Durlin after handing down his sentence. "But I can't abide by placing you on probation and serving a little amount of jail time." The rider is a sentencing option in Idaho that allows the court to retain jurisdiction over Durlin for a set period of time while she participates in educational and therapeutic programs during her incarceration at Pocatello Women's Correctional Center. At the end of Durlin's one-year rider period, Mitchell will review Department of Correction documentation detailing her progress. Mitchell will then decide whether to release Durlin on probation, or impose the entire prison sentence. Before her sentence was imposed, Durlin was given the opportunity to address the courtroom. With teary eyes, the former Rathdrum resident said she has had time to think about her conduct and has been seeing a therapist daily to address the issue. "I am appalled and ashamed at myself that I committed these acts," Durlin said. She went on to describe several issues - including incidents in her youth, her inability to have children, and a tumultuous marriage - as contributing factors to her being in the mindset to believe that having sex with her adopted son was "an acceptable way to earn his love." "I am in no way trying to excuse my actions because they were simply inexcusable," Durlin said. "You were the adult in this situation. You were the mother in this situation," Mitchell told Durlin after she concluded her remarks. "He will suffer from this for the rest of his life. In fact, I think he knew this and that's why he called it off when he did." Durlin was charged in November 2014 with five counts of lewd conduct with a child under the age of 16. In an April 20 pre-trial settlement deal with the Kootenai County Prosecutor's Office, Durlin pleaded guilty to two of the felony charges and the remaining three were dropped. On Nov. 18, 2014, Durlin was with her son at a therapy session in Hayden when the boy allegedly told his therapist that he and his mother were having sex. The therapist then notified her supervisor of the allegations and, according to court records, the supervisor said the boy should go home with Durlin while the office notified Idaho Health and Welfare. However, shortly after leaving, the teen returned to the office and said he did not want to go home. The therapist later told a Rathdrum Police Department officer that the boy said he got into the car, and Durlin angrily said "You told them, didn't you?" After discussing options with the therapist and a Child Protective Services employee, the officer wrote that they decided to place the boy in protective custody. The next day, Durlin went to the Rathdrum Police Department to speak with a detective about the allegations. In his report, the detective wrote that Durlin and her husband adopted the boy when he was 11. "She told me that (he) had never really bonded with her and she has struggled with this since the start of their relationship," the detective wrote. "She told me that she has tried just about everything to kindle that relationship and nurture their bond." Durlin then allegedly provided details of multiple sexual encounters with the boy, beginning in October. After giving this information to the detective, Durlin allegedly "showed signs of being emotionally attached" to the teen "as a lover instead of being a mother." "The feelings she expressed were more along the lines of a female being hurt by a boyfriend or possible husband," the report states. "She felt like she was being used as a sex object."

Nez Perce Tribe explores peacemaker circles as possible alternative to court Lewiston Tribune: June 17- Chelsea Embree LAPWAI - Circles describe the shape and movement of the planets, and for some American Indians, they symbolize the cycle of life. For the Nez Perce Tribe, circles could also symbolize a group of people coming together to resolve matters once left only to tribal courts. Peacemaker circles are being discussed as a possible option by the tribe following recent presentations on their methods by David Raasch, a retired associate judge for the Stockbridge-Munsee Band of Mohicans. Unlike traditional court systems that focus on the process and penalties of the law, Raasch said peacemaker circles offer victims, offenders and the community a chance to heal. "I believe in this so much," he told an audience Tuesday at the Pi Nee Waus Community Center in Lapwai. The idea behind peacemaker circles, Raasch said, is that the people involved in a court case sit in a circle and discuss the issue as human beings, instead of as lawyers or judges. A circle leader describes the situation and then those involved talk about it, provide information and describe their feelings. Elders in the circle can also offer advice and guidance. Those in the circle then talk about solutions and come to a consensus. In one instance, Raasch said a man who pleaded guilty to a domestic violence charge was required to participate in a peacemaking circle made up of female elders in lieu of jail time or a fine. Raasch said he's found a few basic rules and guidelines to be effective in his experience, though all circles can set their own rules. He recommends letting one person speak at a time. He also emphasizes the importance of respect and equality between all those involved in the circle. In his experience, Raasch said he's seen people walk into peacemaker circles with hostility and walk out understanding each other. He said it is an improvement in his tribe's court operations compared to how things ran when he first became a judge. "When you sit there and you look at members of your community on both sides of the aisle having conflict, having differences, having arguments, and I'm supposed to sit there and say one person's right and one person's wrong - it bothered me a lot," Raasch said. "You take your community and you just split it, because you make one side a winner and one side a loser." Alice Koskela, the Nez Perce Tribe's law and order executive officer, noted additional reasons to consider doing things differently. "Incarceration and re-incarceration and re-incarceration just doesn't work," she said. "It just doesn't work to do anything except spend a lot of money on jail." Koskela said there is interest from tribal members and the Nez Perce Tribal Executive Committee in pursuing peacemaker circles within the tribe's justice system. "We've had some very eager participants wanting to move onto the next step, whatever it is," Koskela said. Raasch's presentations are the first in a long process of implementation, she said. In order to bring them into practice, tribal codes would need to be amended to make sure peacemaker circles' decisions have weight in tribal court. Any possible cost of implementing peacemaker circles is not yet known. "But in my mind," Koskela said, "the cost would be far outweighed by whatever monetary benefit we might gain by saving on jail costs, as well as the much greater value - that's hard to measure - of people's lives getting better and people healing." Idaho officials seek to intervene in Forest Service lawsuit Idaho Statesman.com: June 17- Keith Ridler/ AP BOISE, IDAHO — Idaho officials have filed court documents to intervene in a federal lawsuit against the U.S. Forest Service brought by a northern Idaho couple and an environmental group. The State Board of Land Commissioners and Idaho Department of Lands filed the document Tuesday in U.S. District Court. Idaho officials contend the state has a substantial interest to intervene because the lawsuit seeks to block a road that's the only access to a salvage timber project on state land. Idaho officials say the wildfire-damaged trees will lose value and are prone to insect infestation. The Department of Lands also on Tuesday announced the previously canceled timber sale for the area has been rescheduled for Friday in Kamiah. "We are confident that the eventual timber sale purchaser has the right of access to the state parcel without the need for Forest Service approval," Tom Schultz, director of the state agency, said in a statement. Laird Lucas, an attorney at Advocates for the West who is representing Idaho Rivers United, said Wednesday that he's preparing paperwork seeking an injunction to prevent the use of the road until the federal court rules on the initial lawsuit. Morgan and Olga Wright and Idaho Rivers United sued the Forest Service last month challenging the agency's decision to designate the road as public for the logging project. The Wrights contend that the road crosses their private property and declaring it public deprives them of a legal right to participate in the decision. The lawsuit also contends that the Forest Service made the decision without proper environmental analysis of effects on the Selway Wild and Scenic River corridor. Specifically, the lawsuit seeks to reverse the determination by District Ranger Joe Hudson that Forest Road 652 is public. If it's not public, that means the Department of Lands would have to obtain a special use permit from the Forest Service, according to the federal agency's regulations, the lawsuit said. The motion to intervene filed by Idaho officials rejects that argument. "Idaho, like (the Forest Service), denies any such permitting requirement exists," the document states. Issuing such a permit would require the Forest Service to conduct an analysis of effects on the scenic river corridor as required by the National Environmental Policy Act and the Wild and Scenic Rivers Act. Lucas said he didn't think such a permit could be issued because the contested road is within the scenic river corridor, precluding the type of industrial use Idaho proposes and that Lucas said involves about 1,000 logging truck trips. State officials estimate the sale on about 167 acres about 25 miles east of Kooskia would produce nearly 7 million board feet of timber and bring in about $1.6 million to the endowment fund that supports Idaho's public schools. The lightning-caused Johnson Bar Fire burned more than 20 square miles last summer and fall, mostly on Forest Service land but also on state endowment land. The department said there is no Wild and Scenic easement on state lands in the area where the logging is planned. Joyce Thompson, spokeswoman for the Nez Perce-Clearwater National Forests, didn't return a call from The Associated Press on Wednesday. She has previously said the agency doesn't comment on ongoing litigation.

Monitoring workers via GPS Idaho Business Review: June 17- Rich Meneghello A California woman sued claiming she was fired illegally after she objected to her employer forcing her to install a GPS tracking application on her phone that monitored her movements 24 hours a day, 7 days a week. This lawsuit contains warnings that may help employers stay out of legal hot water. Myrna Arias’ lawsuit is fairly straightforward. She claims that she began working for Intermix Wire Transfer in Bakersfield, California, in February 2014. She says she was lured away from her previous job by Intermix executives because they were familiar with her high quality work. Arias was hired as a sales executive for the money-transfer company and reported to the regional vice president of sales. She says she was doing an excellent job at Intermix, meeting her sales quotas, earning good commissions, and receiving no discipline for work performance. Within a few months of Arias’ start date, she claims that the company forced her and other employees to download an app called Xora StreetSmart onto their smartphones. The app is widely available on digital marketplaces; it costs employers only about $1 per day per employee, and it allows each employee to create electronic timecards on his or her phone and fill out other company business forms. Xora and similar apps are convenient and popular with employees and employers. However, the app also has a GPS feature that allows employers to monitor and store information about user locations. Such features have also grown in popularity in the last several years, especially in the delivery and sales fields, allowing employers to monitor business activities, track progress and increase efficiency. Normally this wouldn’t be a problem. Arias claimed she informed her bosses that she had no issue with them tracking her during working hours. However, she says she objected to the fact that her phone had to be on 24 hours a day, 7 days a week, allowing her employer to monitor and track her off-duty activities. Arias says she “likened the app to a prisoner’s ankle bracelet” and even told her boss that it was illegal. She uninstalled the app in late April 2014. As a result, she alleges that her supervisor “scolded” her and, within a few weeks, fired her. In May, she filed a lawsuit seeking at least $500,000 in damages, claiming an invasion of privacy, illegal retaliation, violation of California state law (which prohibits GPS tracking), and other allegations. As I write this, Intermix has not yet answered the complaint. We don’t yet have the employer’s version of events. But if a company is considering tracking employee movements via GPS (or even installing software or apps that allow for GPS monitoring), be aware of state law. Arias is right – California law prohibits such tracking in certain circumstances, and a few other states require employers to notify employees in advance if they are being tracked. That said, the general rule is that tracking employees via GPS is legal, as long as it is done for a legitimate reason and with a reasonable scope. A few years ago, an employer in Missouri installed GPS devices in company vehicles to try to catch a suspected theft; after an employee caught wind of the tracking device, he brought a similar invasion of privacy suit. The court rejected the lawsuit, ruling that the company had the right to track its own vehicles, and that the information it was gathering – the location of the car – was “highly public” anyway and not private enough to warrant an invasion of privacy claim. In a similar claim, a school worker in New York was issued a company cellphone with GPS tracking installed to track the employee’s time at work. The data showed that the worker was continually leaving work early and falsifying his time cards, and he filed a grievance after he was terminated. The judge ruled that the employer had a legitimate reason to track his on-duty movements and that he was aware of the monitoring, upholding his termination. In both of these cases, the employer limited its surveillance to on-duty time and drew the line at monitoring (or the ability to monitor) off-duty activities. Employers would be wise to heed such restrictions. Going past this line could easily lead to an invasion of privacy claim, even if the employee is aware of the tracking. Further, and perhaps more importantly, if an employer tracks and stores the personal activity of its employees, it will find itself with a whole host of personal data it might not want to have. The employer might learn where an employee spends his off-hours, where she goes to church, what kind of medical clinic he visits, or whether she visits a union organizing office. All of these actions may reveal information that could demonstrate that an employee is in some sort of protected class, and if an employer takes adverse action against them, they could claim that the motivation to do so was on account of its knowledge that they were in this protected class. A good way to defend a retaliation or discrimination lawsuit is showing a lack of knowledge that the employee was in such a protected class; however, such a defense is blown if this information is stored in the employer’s data bank. As technology makes such tracking increasingly easier, this will certainly not be the last lawsuit filed making similar claims. Hopefully companies will not find themselves on the receiving end. Rich Meneghello is a partner in the Portland office of Fisher & Phillips LLP, which is dedicated to representing the interests of management. Contact him at or 503-205-8044, or follow him on Twitter – @pdxLaborLawyer.

Judge won't reduce bond for suspect in slaying Lewiston Tribune: June 18- Joel Mills A 2nd District judge left bond at $1 million Wednesday for Joseph A. Thomas Jr., who is facing a retrial over charges he strangled his ex-wife in 2011. Judge Gregory FitzMaurice listened patiently while defense attorney Mark Monson of Moscow laid out his case for reducing Thomas' bond to $150,000. Monson said the Idaho Constitution says excessive bail should not be required in any case, and that its purpose is to ensure that people accused of crimes show up for their court dates. "More importantly, it is not intended to be punitive," Monson said. A jury originally convicted Thomas of first-degree murder in 2011 in the death of Beth Irby-Thomas, and now-retired Judge Michael Griffin sentenced him to 25 years in prison. But the Idaho Supreme Court overturned the conviction earlier this year based on Griffin's decision to not allow evidence that Irby-Thomas engaged in the solitary sexual practice of autoerotic asphyxia, which Thomas alleges could have led to her death. In arguing for a lower bond, Monson pointed out that Thomas, a former Nez Perce County sheriff's deputy, had no prior criminal history, has family in the Grand Coulee area of Washington who will ensure his attendance at hearings, and will be able to find employment if he can post bond. Monson also told the judge that when Thomas was in prison, he learned about two fellow inmates' alleged plan to attack a corrections officer, and informed prison officials at his own peril. And when Thomas was arrested outside the home of Irby-Thomas, he voluntarily gave himself up to officers the night of her death. "I don't think you'll have any trouble if he's released, if he's able to make bond," Monson said. Thomas suffers from a herniated disc in his back, and has restless leg syndrome, which can be more easily treated outside of a jail setting, Monson said. The attorney also noted several other recent homicide cases where bond had been set much lower. Nez Perce County Deputy Prosecutor Justin Coleman reasserted several of the points from an April hearing where FitzMaurice initially set bond. He also reinforced what the prosecution sees as aggravating factors, like the children who were asleep in the next room when Thomas allegedly committed the crime, and what he called the high likelihood that Thomas will be convicted again. In addition, while he admitted that Thomas did give himself up at the scene, he was in the process of loading his children into his vehicle, allegedly to flee the jurisdiction, Coleman said. FitzMaurice didn't buy Monson's assertion about bond being lower in similar homicide cases, saying that each instance has drastically different circumstances. "It's like apples and oranges at this point in time," the judge said. His greatest concern, however, is that Thomas doesn't have any strong ties to Lewiston via prospective employment, family presence or ownership of property. Grand Coulee is in a different state, he said, which could negatively influence his chances to appear for each of the many hearings that will lead up to his April 2016 trial. FitzMaurice also cited the seriousness of the offense as a reason to not reduce bond. Local Public Defenders React to ACLU Suit MagicValley.com: June 18- Benton Smith TWIN FALLS • The American Civil Liberties Union announced Wednesday it is suing the state of Idaho for what it calls a “defective” public defenders system. Magic Valley public defenders say some of the group’s claims have merit, but other issues named in the suit are not a problem in their counties. Lincoln County public defender Jeremy Pittard said that the county commission predicted potential problems with its former system ahead of this latest litigation. In the past, Lincoln County public defenders operated under a flat-rate contract, but by the time Pittard took the job in December, it had been switched to a compensation model that pays him per case depending on the time spent with it. “The commissioner saw this coming and stayed ahead of the curve,” Pittard said. This wasn’t the case for every county in the Magic Valley. Minidoka County public defender Dennis Byington said due to there being so many cases assigned to each public defender, it is hard to fully accommodate each client. This occurs despite efforts taken by the county to use technology to help attorneys manage large case loads. “If you want something for free, you will get the work done, but you may not have as much access through the process,” Byington said. Pittard said the problem is that most of Idaho is rural, so while Ada and Twin Falls counties may be able to afford better representation, not every small county can. “Smaller counties, they don’t need a full-time person but they need to have the ability to spend time with each case and to get compensated for that time,” Pittard said. “I think Lincoln County provides this.” Part of the ACLU suit aims to standardize the public defender systems across Idaho’s counties. This means that the 19 counties that still allow flat-rate contracts and those that allow public defenders to take on private cases into their load would have to change their practices. Some have criticized Idaho’s system, saying public defenders who also take high-paying private cases won’t spend as much time on their public work. Jerome County’s felony public defender, Stacey DePew, told the Times-News in 2014 that assumption is wrong. “I’m offended by that, by the idea that I’m not going to equally represent my clients,” she said. “I’m a public defender because I believe in the system and that every defendant has a right to a zealous advocate.” While flat-fee contracts can pose problems, DePew said, she negotiated an “extraordinary cases provision,” so she is paid by the hour for cases that take more time or resources than usual. If the lawsuit succeeds in standardizing the training and procedures across all counties the ACLU believes that defendants will be granted more protection than currently offered. “Folks don’t get a lot of hand holding,” Byington said. “But we make sure we do all the work.”

ACLU sues Idaho in bid to improve state's public defenders Lewiston Tribune: June 18- Rebecca Boone/AP BOISE - A national civil liberties group has brought its fight to overhaul the criminal defense system for low-income defendants to Idaho with a lawsuit that says the state hasn't done enough to make sure poor people are being fairly represented. The American Civil Liberties Union contends state officials have known for several years that overwhelming case loads, underfunded budgets and a patchwork system that varies county by county prevent defendants from receiving adequate legal representation guaranteed by the U.S. Constitution. Idaho officials, including the governor and attorney general, declined to comment Wednesday on a case that continues a national push for the ACLU. "Public defense is really central to our criminal justice system," said Jason Williamson, an attorney for the national ACLU's criminal law reform project. "And to the extent that our public defense system is broken, the entire system is broken." The organization has brought similar lawsuits in several states recently, reaching settlements in New York and Washington after the U.S. Justice Department intervened on the ACLU's behalf and state officials agreed to sweeping reforms. The Idaho case names four plaintiffs who say they've spent months in jail without speaking to their court-appointed attorneys or that their cases weren't properly reviewed, and the organization is seeking class-action status so the case will apply to all low-income defendants in the state. The filing asks a state judge to order Idaho officials to implement a better system. Idaho's public defender system has been at focus recently, since a report from the National Legal Aid and Defender Association found in 2010 that indigent defendants facing criminal trials weren't getting adequate representation. The problems included a lack of communication between court-appointed lawyers and their clients, poor or nonexistent legal investigations, deficient funding and a lack of oversight. Lawmakers and a special Criminal Justice Commission have examined the issue, but the ACLU says meaningful changes haven't been made. For their part, legislators created the Idaho Public Defense Commission last year. Members have been asked to create standards, training programs and a data collection system and to keep lawmakers informed about any problems. The ACLU says that's not enough. "Astoundingly, the State failed yet again in the recently concluded 2015 legislative session to fund or improve its public-defense system," ACLU-Idaho attorney Ritchie Eppink wrote in the lawsuit. Members of the Public Defense Commission were named as defendants in the lawsuit, along with Republican Gov. C.L. (Butch) Otter and the state. Ian Thompson, the commission's executive director, declined to comment on the case, though he said members will discuss it during a meeting Thursday. Environmental groups oppose mine Lewiston Tribune: June 19- Keith Kinnaird/ Hagadone SANDPOINT - A coalition of environmental groups filed suit in federal court Wednesday to challenge a U.S. Fish and Wildlife Service determination that the proposed Montanore mine would not jeopardize endangered bull trout and grizzly bear. Save Our Cabinets joined with Earthworks and Defenders of Wildlife in filing the suit in U.S. District Court in Missoula, Mont. The groups are represented by Earthjustice. The suit seeks to upend a Fish and Wildlife biological opinion that Mines Management's copper and silver mine proposal south of Libby poses no threat to the recovery or survival of bull trout and grizzly bear. "The mine would dramatically set back all of the recovery efforts that are being undertaken for bull trout in the Clark Fork-Pend Oreille watershed," said Mary Crowe Costello of Save Our Cabinets in Heron. Crowe Costello said Avista, Trout Unlimited and others are engaged in a series of projects to aid bull trout recovery in the lower Clark Fork River core area. The projects include establishing fish passage at the Cabinet Gorge Dam and tributary enhancement work. The groups contend that the Montanore project is predicted to cause a de-watering of the East Fork of the Bull River and Rock Creek. "Those are the two most important streams for bull trout recovery in the lower Clark Fork core area," Crowe Costello said. The groups argue that Montanore and the proposed Rock Creek mine would spell doom for grizzlies. "If the Montanore mine goes in, it's going to have a dramatic impact on that small population of grizzly bear and would likely - in combination with Rock Creek - push them over the brink to the point that there would no longer be bears in that southern portion of the Cabinet-Yaak ecosystem," said Crowe Costello. Mines Management of Spokane, seeks to extract an estimated 230 million ounces of silver and nearly 60 million pounds of copper. The company did not respond to a request for comment on Wednesday. The U.S. Forest Service issued a draft record of decision and a final environmental impact statement in April. The agency is hosting a meeting on June 30 at the Kootenai National Forest Supervisor's Office in Libby with those who have raised objections about the mining proposal. Save Our Cabinets anticipates that the Forest Service will ultimately permit the mine despite the objections. Crowe Costello said the permit's issuance would open another legal front in a bid to stop the mine from being developed. "Bull trout and grizzly bears in the Cabinet Mountains are teetering on the brink of extinction, and the Fish and Wildlife Service's own evidence shows that the Montanore Mine would push them over the edge," Earthjustice attorney Katherine O'Brien said in a statement. "The service had no basis to conclude that turning these species' habitat into an industrial mine site would allow them to survive and recover."

FTC, Idaho AG: St. Luke’s Not Complying with Court Order in Saltzer Deal Magic Valley.com: June 18- Audrey Dutton/ Statesman BOISE • State and federal regulators say St. Luke’s Health System is not complying with an order to reverse a business deal that two courts have ruled illegal. Lawyers for St. Luke’s concede it is taking a while for the Boise-based hospital system to unwind its acquisition of Nampa-based Saltzer Medical Group, but that what “seemed like a simple, straightforward process ... has proven not to be so.” After a 2013 trial, a federal judge in Boise ruled last year that the Saltzer acquisition gave St. Luke’s more control over Nampa’s primary-health market than antitrust laws allow. In court documents filed Friday, the Federal Trade Commission and the Idaho Attorney General’s Office said they are being told that St. Luke’s will “divest only a fraction of the original Saltzer practice.” “We have been provided limited information ... and have heard rumors and hearsay about Saltzer’s current and contemplated future status,” the lawyers wrote. “What we have been told, however, is disturbing.” SALTZER DOESN’T WANT TO RECONSTITUTE ITSELF The state and FTC say they are concerned that Saltzer now is a husk of the multispecialty practice that once was desirable to both St. Luke’s and its main competitor, Saint Alphonsus Health System. Since St. Luke’s was ordered to unwind the deal, Saltzer has been shopped to three potential buyers. One of those three unnamed buyers was interested but walked away after talking with antitrust regulators, St. Luke’s said. Saltzer has shrunk from more than 50 doctors to about 40 since St. Luke’s bought it in late 2012, mostly because of the acquisition and the ensuing lawsuit. Eight surgeons left Saltzer before the deal even closed, and six doctors have followed since. “Three of those retired, and three left, in whole or in part, because of the uncertainties caused by this litigation,” lawyers for St. Luke’s said. At the same time, Saltzer has ceased operating entire branches of patient service — radiology, laboratory testing and physical therapy among them — and transferred them to St. Luke’s. Asked by the Statesman why those special services were transferred to St. Luke’s instead of remaining under Saltzer’s umbrella — which would have kept the line clearly drawn between Saltzer and St. Luke’s — a lawyer for St. Luke’s said that is not the issue. She said the sticking point is not that services have been commingled so much that nobody can separate them. It is that St. Luke’s doesn’t know what to do with those services now that Saltzer is no longer interested in them. TAKEOVER SCRAMBLED LUKE’S-SALTZER EGGS “We were ordered to divest completely. They were not ordered to take everything back,” St. Luke’s general counsel Christy Neuhoff said in an interview. “It’s one thing to say these two parties cannot be one going forward, but it’s another for either a court or a government agency to actually dictate how a private entity runs its business going forward.” That means that if Saltzer is spun off into a new, independent practice, the business would be made up of a smaller group of primary care doctors who don’t want to offer the specialties, radiology, laboratory testing and other services Saltzer once did, according to lawyers for St. Luke’s. The physicians who stayed with Saltzer during the transaction received $9 million to keep, in case the deal fell apart. Saltzer and St. Luke’s lawyers agreed during the trial not to argue that it would be impossible for Saltzer to be reconstituted into a viable, competitive business. “Part of the problem is you’re talking about people ... not a plant [or] a piece of equipment,” said Jonathan L. Lewis, an antitrust lawyer for Baker Hostetler in Washington, D.C. Lewis is not involved in the case. And when you’re talking about people-based businesses, it can be tricky to “unscramble the egg” after the businesses have merged, he said. One possible outcome, according to Lewis, is that St. Luke’s could be required to fund a revival of those services. “The perfect world is you divest something that’s an ongoing business, it’s self-sustaining,” he said. ST. LUKE’S KEPT GOING WITH TAKEOVER DEAL Why did the takeover happen in the first place, if there were questions over its legality? St. Luke’s bought Nampa-based Saltzer Medical Group at the end of 2012 after being warned not to by the Attorney General’s Office. Saint Alphonsus, also based in Boise; a smaller competitor, Treasure Valley Hospital, in Boise; the FTC and Attorney General Lawrence Wasden sued. U.S. District Judge B. Lynn Winmill gave St. Luke’s permission to take over Saltzer while the case proceeded. But his permission rested upon St. Luke’s promise that it would be easy to unwind the deal if the court eventually ruled it illegal. After the trial, Winmill ordered St. Luke’s to “fully divest” Saltzer and unwind the acquisition. St. Luke’s appealed that ruling, and the divestiture was paused during the appeal. St. Luke’s learned April 30 that it had conclusively lost its appeal to the 9th U.S. Circuit Court of Appeals. At that point, the clock started on St. Luke’s submitting a “proposed plan of divestiture” within 10 days, as St. Luke’s had committed to do, according to the FTC and the state. St. Luke’s is now asking the court to appoint a “master” to figure out what to do with Saltzer. SALTZER: WE’RE WORKING ON IT Neuhoff said St. Luke’s tried to engage the state and FTC in discussions about divestiture plans as early as February but never heard back. The FTC and attorney general say both defendants are not being cooperative in handing over information about their plans, their staffing and their finances. Neuhoff said Saltzer, not St. Luke’s, is refusing to turn over information related to its business. That is because of concerns that Saltzer needs to hide trade-secret information, even from St. Luke’s, if it wants to compete after it is back on its feet. Lewis said that shouldn’t be “that big of an issue” in an antitrust case. “What’s a little startling to me about this is that ... this stuff happens all the time in litigation, where one side gets information from the other, and there’s protections put in place,” Lewis said. Saint Alphonsus made an offer to buy Saltzer a few years ago but lost its bid to St. Luke’s. Saint Alphonsus told the Statesman in February that it had “no intentions” to buy Saltzer. “Saltzer has been working on its divestiture plan for over a year,” Saltzer President Dr. John Kaiser said in an emailed statement. He did not say what Saltzer plans to do, or the steps involved in those plans. “Our physicians and employees are our greatest assets, and they will be involved in all our plans and actions.”

Frank Lazcano's conviction for 2011 murder is upheld Lewiston Tribune: June 19- William Spence Frank Lazcano's conviction for the 2011 murder of 23-year-old Marcus Schur was upheld by the Washington Court of Appeals this week, despite agreement that some errors were made during his trial. A three-judge panel unanimously rejected Lazcano's claim that he was placed in double jeopardy because his felony murder conviction rested on a burglary charge that had already been settled. The case began in December 2011 when Schur allegedly stole some possessions belonging to Frank Lazcano and his brother, Daniel. On the evening of Dec. 27, the Lazcanos drove to a home in Malden, intending to confront Schur. Several people were in the house. According to testimony at his trial, when Frank Lazcano rushed in the front door, Schur ran out the back, where he was shot by Daniel. The brothers subsequently dumped the body in a creek near Rock Lake. Before the body was discovered, Frank Lazcano was charged with burglary. He subsequently pleaded guilty to a reduced charge of criminal trespass. After Schur's body was discovered, both brothers were charged with murder; however, given that Frank Lazcano didn't pull the trigger, he could only be convicted of first-degree murder if Schur was killed during commission of a felony - such as burglary - in which he was a participant. Since the burglary charge had already been settled, Frank Lazcano's attorney said the first-degree murder charge amounted to double jeopardy. The appellate judges rejected that argument, saying Frank Lazcano "did not raise the issue (at the trial court level), and we decline to address the double jeopardy argument because of a lack of manifest error (in the trial proceedings)." The judges did agree that some hearsay evidence was improperly admitted during the trial, and that Whitman County Prosecutor Denis Tracy erred when he asked several witnesses if they'd promised to tell the truth in exchange for reduced charges. The judges ruled that both errors were harmless, however, since the hearsay evidence was corroborated by other witnesses - including Frank Lazcano himself - and because his attorney didn't object to Tracy's questions. "The errors alleged by Frank Lazcano, while errors, did not deny him a fair trial," according to the ruling. "Overwhelming evidence supports his conviction. (He) has not shown sufficient prejudice warranting reversal, based on the combined effect of these two errors." Frank Lazcano was sentenced to 25 years in prison. Daniel Lazcano was also convicted of first-degree murder, following two mistrials; he was sentenced to 27 years in prison, and is also appealing his conviction.

U of I doesn't want lynching mural displayed in old courthouse By Betsy Russell / Spokesman Review Eye on Boise / June 25, 2015 Here‘s a news item from the Associated Press: BOISE, Idaho (AP) — The University of Idaho will keep a controversial image inside the old Ada County Courthouse covered for the grand opening of their new campus in July. KIVI-TV reports (http://bit.ly/1LwNe5u) the mural 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. The associate dean of the college, Lee Dillion, says the mural doesn't fit well with the school and will therefore be kept covered. But former Idaho Attorney General David Leroy says getting rid of the display could cause problems. The building's grand opening will be held July 6th and classes begin in August.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 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 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.

Marijuana license-plate profiling case dropped By Betsy Russell / Spokesman Review Eye on Boise / June 24, 2015 A discrimination case against the Idaho State Police for targeting a driver for a marijuana search because his license plates were from a state that has legalized the drug has been dismissed at the request of both sides, after it ran into numerous legal hurdles. That means the court won‘t weigh in on license-plate profiling in this case. But a legal expert says Darien Roseen‘s lawsuit, the release of the state trooper‘s dash-cam video under the Idaho Public Records Law, and the subsequent national attention it drew helped shine a light on the practice that may cause law enforcement agencies to take more care, and stick to ―more traditional probable cause or observed infraction findings.‖ David Leroy, former Idaho attorney general and now a Boise defense attorney, said, ―The lawsuit may have served its purpose without going to conclusion.‖ Roseen, then a 69-year-old retired Weyerhaeuser executive who was driving from his daughter‘s baby shower in Washington to his second home in Colorado, was followed by an ISP trooper within a mile after he crossed the Idaho border on I-84 from Oregon on a snowy day in January of 2013; he had Colorado license plates. When Roseen pulled into the ―Welcome to Idaho‖ rest area, Trooper Justin Klitch followed him and insisted he must have marijuana in his vehicle. Roseen was detained and his vehicle searched for hours before he was allowed to go; nothing illegal was found. You can read my full story here at spokesman.com, and also find links to a clip from the video. Unlike Idaho, Washington, Colorado and Oregon all have legalized marijuana. Plus, numerous states surrounding Idaho permit the use of medical marijuana, which Idaho strictly forbids. After the lawsuit was filed, a Spokane man told the Spokesman-Review he endured a similar detention at the same rest stop when he was driving with Washington license plates, with an ISP trooper demanding to search his car for marijuana. He refused, and eventually was allowed to leave. Roseen‘s Boise lawyer, Eric Swartz, said he received numerous calls and emails from others with similar stories. But he was unavailable for comment Wednesday, after his client and the state both agreed to drop the case, with each side bearing its own costs and attorney fees. The state hired a private law firm to handle the case and had paid it more than $50,000 as of May 15, according to records obtained under the Idaho Public Records Law. If Roseen continued his case but lost, he could have been ordered to pay the state's legal fees and costs as well as his own. ―It does point out that both civil and criminal litigation against the state or other police departments is typically conducted at considerable expense to the private parties who are bringing or defending that litigation,‖ Leroy said. ―And the price of justice or defending oneself from injustice can be so high that sometimes the best interests of society are not vigorously prosecuted.‖

Former Jefferson County sheriff gets 30 days in jail, 3 years probation in corruption case By Betsy Russell / Spokesman Review Eye on Boise / June 22, 2015 Former Jefferson County Sheriff Blair Olsen, who was convicted of misusing public funds, has been sentenced to 30 days in jail, $2,500 in fines and three years probation. He was convicted by a jury in May of three felony counts of misusing public funds; his conviction disqualifies him from holding public office. Olsen was investigated by the Idaho Attorney General‘s special prosecution unit, and was indicted by a Jefferson County grand jury in January. He was charged with providing his wife with a county-paid cell phone from 2010 to 2012, misusing more than $1,000 in public funds. ―Public corruption cases are serious for the simple fact that the offender holds a position of public trust and authority, and then takes advantage of that position,‖ said Attorney General Lawrence Wasden. ―This remains true if the crime results in the loss of even the smallest amount of public funds.‖ He added, ―But the real loss in these cases is to the erosion of trust and faith citizens have in their government. Tackling public corruption is essential to restoring that trust and faith citizens must have in their government and those elected to lead it.‖ Olsen, whose sentence was handed down today, also was ordered to pay $1,023 in restitution.

Western Watersheds group files FOIA lawsuit against U.S. Wildlife Services By Betsy Russell / Spokesman Review Eye on Boise / June 22, 2015 Western Watersheds Project has filed a federal lawsuit against Wildlife Services, saying the federal agency hasn‘t responded to its Freedom of Information Act requests for documents detailing its activities in killing wildlife in Idaho. Talasi Brooks, an attorney with Advocates for the West, which is representing the conservation group in the case, said, ―The Freedom of Information Act‘s basic purpose is to open agency action to the light of public scrutiny. Wildlife Services has never disclosed the full nature, extent and environmental impacts of its Idaho operations. We hope this lawsuit will force the agency to produce the information requested so we can make sure Idahoans know what Wildlife Services is up to in our state.‖ Wildlife Services, a division of the U.S. Department of Agriculture‘s Animal and Plant Health Inspection Service, or APHIS, is in charge of dealing with wildlife conflicts; it‘s the agency the Idaho Fish & Game Department contracts with to kill problem wolves. In March, for example, Idaho Fish & Game reported that it had hired Wildlife Services to shoot 19 wolves from aircraft in the Lolo region in the previous month, as part of an ongoing effort to improve elk survival in the region. Western Watersheds Project is a non-profit environmental conservation group based in Hailey, with 1,500 members and operations in six western states. It focuses on the negative impacts of livestock grazing on public land, and has brought numerous lawsuits. WWP‘s founder and executive director for 21 years, Jon Marvel, retired in February of 2014; he was replaced as executive director by Travis Bruner, who had previously served as the group‘s public lands director. You can read the lawsuit complaint here; it was filed today in U.S. District Court in Idaho.

Idaho officials seek to intervene in Forest Service lawsuit By Betsy Russell / Spokesman Review Eye on Boise / June 22, 2015 Idaho officials have filed court documents to intervene in a federal lawsuit against the U.S. Forest Service brought by a northern Idaho couple and an environmental group, the AP reports; the state Board of Land Commissioners and Idaho Department of Lands made the filing in U.S. District Court. Idaho officials contend the state has a substantial interest to intervene because the lawsuit seeks to block a road that's the only access to a salvage timber project on state land, writes AP reporter Keith Ridler. Idaho officials say the wildfire-damaged trees will lose value and are prone to insect infestation. The state Department of Lands also announced the previously canceled timber sale for the area has been rescheduled for Friday in Kamiah. "We are confident that the eventual timber sale purchaser has the right of access to the state parcel without the need for Forest Service approval," said Tom Schultz, state lands director. Laird Lucas, an attorney at Advocates for the West who is representing Idaho Rivers United, said Wednesday that he's preparing paperwork seeking an injunction to prevent the use of the road until the federal court rules on the initial lawsuit. You can read Ridler‘s full report here.

Lawsuit charges Idaho's public defense system violates state, U.S. constitutions By Betsy Russell / Spokesman Review Eye on Boise / June 22, 2015 Despite five years of warnings, Idaho has continued to violate the U.S. and Idaho constitutions by failing to provide poor people charged with crimes with lawyers who can adequately defend them, a class-action lawsuit filed today charges. Instead, the state has responded by creating a series of ―virtually powerless committees,‖ and enacting minimal law changes in 2014 that, the lawsuit says, not only didn‘t go far enough to fix the problems, but aren‘t even being followed. Among them: The 2014 legislation banned ―fixed-fee‖ contracts with public defenders, in which they‘re paid a set amount regardless of how many clients they represent or how complicated the cases are. That provides them an incentive to spend as little time as possible on each case, particularly if they also have paying clients, the lawsuit says. Yet, 19 Idaho counties still use fixed-fee contracts. You can read the full complaint here. Idaho established a public defense subcommittee of its Criminal Justice Commission in 2010 to examine the problem after an audit pointed to serious deficiencies. It set up a special legislative committee in 2013. That panel then established ―yet another commission to make recommendations to the legislature,‖ the lawsuit says. ―Astoundingly, the state failed yet again in the recently concluded 2015 legislative session to fund or improve its public-defense system. Because the executive and legislative branches refuse to take the necessary actions to fix Idaho‘s public-defense system, it falls on this Court.‖ The 2014 legislation set up a state Public Defense Commission, which among other things, was to propose rules and standards for public defenders statewide by January of 2015; it hasn‘t done so, according to the lawsuit. ―State officials themselves have recognized the current constitutional crisis regarding indigent services in Idaho,‖ says the lawsuit, filed in state court by the American Civil Liberties Union of Idaho, the national ACLU‘s Criminal Law Reform Project and Hogan Lovells, an international law firm. ―In August 2013, the Chief Justice of the Idaho Supreme Court noted that ‗our system for the defense of indigents, as required by Idaho‘s constitution and laws, is broken.‘ And Gov. Otter acknowledged in his 2015 State of the State address that, despite the 2014 amendments to Idaho‘s public defense statutes, ‗our current method of providing legal counsel for indigent criminal defendants does not pass constitutional muster.‘‖ The 2014 legislation also directed Idaho‘s 44 counties to either establish an office of public defender, partner with other counties to do so, or establish contracts that don‘t rely on fixed fees. Seven now have such offices, while two have partnered in a joint office. Thirty-four still contract the services out, with 19 of those under fixed-fee contracts, the lawsuit says. And one county has no arrangement, just appointing lawyers on an ad-hoc basis. Repeated surveys and studies have found that caseloads are so high for Idaho public defenders that many poor defendants can‘t reach their attorneys, the lawsuit charges, no matter how hard they try, and barely get to speak to them before they appear in court; among the named plaintiffs, one called his public defender more than 50 times from jail without reaching him. Plus, the lawsuit says only five of the 44 counties provide public defenders at defendants‘ initial appearances, when pleas are taken and bail set – even though Idaho law specifically requires legal representation at initial appearances. As a result, several of the named plaintiffs spent months in jail after bail was set that was too high for them to afford, and they had no idea how to contest it. The lawsuit, filed in 4

th District Court in Ada County, was filed against Gov. Butch Otter and the

seven members of the Idaho State Public Defense Commission, including two state lawmakers, a judge, and the state appellate public defender. Otter‘s office had no comment; neither did Attorney General Lawrence Wasden's office.

Idaho one of four states rejecting federal guidelines designed to prevent prison rape By Betsy Russell / Spokesman Review Eye on Boise / June 22, 2015 All but four states have either met or are working toward meeting federal guidelines intended to prevent prison rape, according to the U.S. Department of Justice, but Idaho‘s one of the four that hasn‘t. AP reporter Rebecca Boone writes that Idaho, Arkansas, Alaska and Utah continue to reject the federal rules under the Prison Rape Elimination Act. The requirements include increased staff training; screening new inmates for assault risk; providing a way for inmates to report prison rapes without threat of retaliation; and investigations and possible criminal charges when prison rapes are substantiated. Boone reports that officials in Idaho and Arkansas contend that their states have a zero-tolerance policy toward sexual abuse behind bars, but will follow their own rules, rather than the federal ones. You can read Boone‘s full report here. Two other states, Texas and Indiana, that had previously rejected the rules have now agreed to work toward compliance.

Boise man pleads guilty in fatal car crash June 25,, 2015 / MORNING NEWS BOISE (AP) — A Boise man has pleaded guilty to vehicular homicide for his role in a deadly wreck in October. KTVB-TV reports that 22-year-old Ersan Lukovac said in court he remembers nothing about the collision that killed 70-yearold Susan Wymer. Court documents say Lukovac had been speeding, swerving and driving into oncoming traffic before the Oct. 16 crash. Wymer had to be cut out of her car by paramedics. She died hours later at Saint Alphonsus Regional Medical Center. Lukovac entered an Alford plea, a type of guilty plea that allows a defendant to maintain that they are innocent while acknowledging that there is enough evidence to convict them of the crime.

Renfro faces murder charges in death of cop June 25,, 2015 / MORNING NEWS

COEUR D‘ALENE (AP) — New charges including first-degree murder have been filed against a man arrested in the shooting death of Coeur d‘Alene police Sgt. Greg Moore. First District Magistrate Barry Watson agreed Wednesday to new charges filed by Kootenai County Prosecutor Barry McHugh, including first-degree murder, grand theft, two counts of unlawful possession of a firearm and removal of a firearm from a law enforcement officer. The Spokesman-Review reports Jonathan Daniel Renfro is charged with shooting Moore as the officer questioned him early in the morning of May 5. Moore was shot in the face and died later that day at a hospital. The 27-year-old Renfro has been held in the county jail since the shooting on $2 million bail on attempted murder charges. He has not entered a plea.

Woman cited after puppies abandoned June 25,, 2015 / MORNING NEWS

POST FALLS (AP) — A 20-year-old northern Idaho woman police say lied to authorities so she could be rid of eight puppies has been cited with filing a false report. The Kootenai County Sheriff‘s Office tells the Coeur d‘Alene Press in a story on Wednesday that Mariah F. Eutsler received the misdemeanor citation. Authorities say Eutsler last week reported finding the puppies abandoned so animal control would take them. Authorities say Eutsler was trying to help a friend who couldn‘t care for the dogs and called the Spokane County Animal Control and the Kootenai Humane Society but was turned away from both places. Authorities say she then called police and reported finding the puppies abandoned. The puppies are in foster care.

Court rules on doctor’s license case June 24,, 2015 / MORNING NEWS

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.

Potato suit settled / Wholesale grocers, growers agree June 20,, 2015 / MORNING NEWS / By REBECCA BOONE Associated Press

BOISE (AP) — A federal judge has signed off on a $25 million settlement in a lawsuit between wholesale grocers and potato farming associations accused of forming a price-fixing cartel. Associated Wholesale Grocers filed the classaction lawsuit in 2010, contending that potato growers in Idaho and elsewhere conspired to raise prices by restricting the number of acres planted and taking other steps to limit production. They said such moves raised the cost of a 10-pound bag of potatoes from about $9 in 2007 to roughly $15 in 2008. The defendants — including United Potato Growers of America, whose members produce about 75 percent of the potatoes grown in the U.S. — denied the claims. They said they were simply running an effective cooperative, focused on helping their members navigate the fluctuating potato market, and that their actions were allowed under the 1922 federal Capper-Volstead Act. The law gives a limited exemption from antitrust rules for agricultural cooperatives. The Kansas-based Associated Wholesale Growers, a cooperative of more than 2,600 retail stores in 30 states, contended the potato growing groups strictly enforced their limitations using GPS, satellite imaging and even farmland fly-overs. The massive lawsuit pitted potato farmer against potato buyer, with high Wholesale grocers, growers agree stakes on each side. The National Potato Council estimates that roughly 35 pounds of fresh potatoes per person were consumed in the U.S. in 2012. The estimated value of potato sales that year was $3.7 billion. The paperwork in the case was also massive. The documents produced by the defendants alone totaled more than 3.6 million pages, according to court records. Settlement negotiations have frequently stalled over the past five years, but on Wednesday, U.S. District Judge B. Lynn Winmill in Idaho gave his preliminary approval to the settlement. Under the settlement, anyone who purchased fresh potatoes from stores in Arizona, California, Florida, Iowa, Kansas, Massachusetts, Michigan, Minnesota, Nevada, New York, North Carolina, Tennessee, Vermont and Wisconsin for end use and not resale in roughly a 10-year timespan will be eligible for part of a $5.5 million pot. Anyone in the U.S. who purchased potatoes directly from the growing groups or their members and subsidiaries will be eligible for a portion of a $19.5 million settlement. The growers groups are also barred from restricting acreage or taking other actions to reduce the number of potatoes grown by members for seven years.

Judge rejects bond reduction June 20,, 2015 / MORNING NEWS / By REBECCA BOONE Associated Press LEWISTON (AP) — A 2nd District Judge has denied reducing bond for a man accused of strangling his ex-wife. The Lewiston Tribune reports Judge Gregory FitzMaurice left bond at $1 million Wednesday for Joseph Thomas Jr. Defense attorney Mark Monson said Thomas, a former Nez Perce County sheriff‘s deputy, wouldn‘t cause any problems if he were to make bond and be released. But FitzMaurice cited the seriousness of the offense as a reason to not reduce bond. Thomas was convicted in 2011 of first-degree murder in the death of Beth Irby-Thomas and sentenced to 25 years. But the state Supreme Court overturned the conviction earlier this year. Their decision was based on the judge not allowing evidence that Irby-Thomas inadvertently strangled herself while engaged in the solitary practice of autoerotic asphyxia.

I.F. man pleads not guilty to manslaughter June 20,, 2015 / MORNING NEWS / By REBECCA BOONE Associated Press IDAHO FALLS (AP) — An Idaho Falls man charged with voluntary manslaughter in connection with the beating death of another man has pleaded not guilty. The Post-Register reports 22-year-old Tanner Cox appeared in a Bonneville County courtroom and entered his plea Thursday. Cox has been in custody following a May 18 arrest tied to the death of 36-year-old Josh Olzak. The two men got into an altercation May 9. Cox punched Olzak, knocking him to the ground and fracturing his skull. Olzak died days later. Cox had been with up to eight other people at the time of the incident while Olzak had been with one friend. Cox‘s defense attorney says he might consider a self-defense strategy if the case goes to trial. A jury trial has been scheduled for Sept. 14.

Ex-treasurer pleads guilty to embezzlement June 20,, 2015 / MORNING NEWS / By REBECCA BOONE Associated Press

BOISE (AP) — The former treasurer of the Communication Workers of American local union No. 7603 has pleaded guilty to embezzlement and theft of labor union assets. The Idaho PressTribune reports that Helen Herold-Roden admitted Wednesday to taking about $138,600 for her personal use between 2008 and 2014. She was able to embezzle such a large amount because she had check-signing authority for the union‘s checking account. Anyone guilty of embezzlement and theft of labor union assets can be sentenced up to five years in prison with a maximum fine of $10,000 and three years supervised release. Herold-Roden‘s sentencing is set for Sept. 8. Members of the union are employed in the telecommunications industry and include employees of Century Link, AT&T and the Idaho Statesman.

ACLU sues in push to improve defender system June 20,, 2015 / MORNING NEWS / By REBECCA BOONE Associated Press By REBECCA BOONE Associated Press BOISE (AP) — A national civil liberties group has brought its fight to overhaul the criminal defense system for low-income defendants to Idaho with a lawsuit that says the state hasn‘t done enough to make sure poor people are being fairly represented. The American Civil Liberties Union contends state officials have known for

several years that overwhelming case loads, underfunded budgets and a patchwork system that varies county by county prevent defendants from receiving adequate legal representation guaranteed by the U.S. Constitution. Idaho officials, including the governor and attorney general, declined to comment Wednesday on a case that continues a national push for the ACLU. The organization has brought similar lawsuits in several states recently, reaching settlements in New York and Washington after the U.S. Justice Department intervened on the ACLU‘s behalf and state officials agreed to sweeping reforms. The case names four plaintiffs who say they‘ve spent months in jail without speaking to their courtappointed attorneys, and the organization is seeking class-action status so the case will apply to all lowincome defendants in the state. The filing asks a state judge to order Idaho officials to implement a better system. Idaho‘s public defender system has been at focus recently, since a report from the National Legal Aid and Defender Association found in 2010 that indigent defendants facing criminal trials weren‘t getting adequate representation. The problems included a lack of communication between court-appointed lawyers and their clients, poor or nonexistent legal investigations, deficient funding and a lack of oversight. Lawmakers and a special Criminal Justice Commission have examined the issue, but the ACLU says meaningful changes haven‘t been made. For their part, legislators created the Idaho Public Defense Commission last year. Members have been asked to create standards, training programs and a data collection system and to keep lawmakers informed about any problems. The ACLU says that‘s not enough. ―Astoundingly, the State failed yet again in the recently concluded 2015 legislative session to fund or improve its publicdefense system,‖ ACLUIdaho attorney Ritchie Eppink wrote in the lawsuit. Members of the Public Defense Commission were named as defendants in the lawsuit, along with Republican Gov. C.L. ―Butch‖ Otter and the state. Ian Thompson, the commission‘s executive director, declined to comment on the case Wednesday, though members will discuss it during a meeting Thursday, The state ACLU says it wants the Idaho case to help send a larger message about criminal defense. ―It is extremely critical for not just Idaho but also for the nation,‖ said Leo Morales, acting ACLUIdaho executive director, ―to ensure we have a criminal justice system that can bring about effective assistance of counsel to every person who is accused of a crime in this country.‖

Man flees into Snake River to avoid arrest Moscow Daily News / Posted: Friday, June 19, 2015 12:00 am | Updated: 7:23 am, Fri Jun 19, 2015

A 42-year-old Lewiston man allegedly attempted to break into a woman's camper Wednesday in the Nisqually John Landing

area along the Snake River before fleeing into the river to avoid law enforcement. Around 6:25 p.m., deputies received a

report from a woman that the alleged suspect, Roger Gossage, was attempting to break into her camper and she was locked

inside the camper's bathroom, according to a press release from the Whitman County Sheriff's Office. The woman said she

saw Gossage jump into the water after he realized she had called 911. She reported she watched him swim halfway across

the channel before he slipped under the water and she had not seen him come back up, according to the press release. The

Asotin County fire boat was called in for assistance, but before it could arrive Gossage was spotted on the opposite bank

yelling at sheriff's deputies. Deputies reportedly boarded the boat to get to Gossage, but he jumped back in the water.

According to the press release, Gossage initially refused to get out of the water and into the boat, but he eventually

complied. Gossage was arrested for alleged felony harassment, threats to kill. According to the press release, he was

arrested Saturday for allegedly assaulting the same woman.

Bond reduced for woman held in Kendrick stabbing Moscow Daily News / Posted: Posted: Thursday, June 25, 2015 12:00 am | Updated: 8:04 am, Thu Jun 25, 2015.

A 34-year-old Kendrick woman's bond was reduced to $25,000 Tuesday morning following her arrest last week for allegedly

stabbing a man six times, reported the Lewiston Tribune. Angela J. Walker, who had been held on a $50,000 bond for one

count of aggravated battery, appeared in Latah County Magistrate Court for a bond reduction hearing before Magistrate

John C. Judge. Walker was arrested early the morning of June 18 for allegedly attacking a man with two knives, according to

court documents. Walker remains in custody at the Latah County Jail. A preliminary hearing in Walker's case has been set

for 11:30 a.m. July 2. If Walker is convicted of aggravated battery, she faces a maximum sentence of 15 years in prison.

The incident had been reported to the Latah County Sheriff's Office at about 9:30 p.m. June 17, according to court

documents. The man was reported to have cuts on his neck, forehead, arms and back. He said Walker attacked him with

two knives at her residence on the 1100 block of Brady Gulch Road near Kendrick, according to court documents. He had

been taken to St. Joseph Regional Medical Center in Lewiston for treatment.

Alleged Moscow drug dealer set for hearing today Moscow Daily News / Staff report | Posted: Thursday, June 25, 2015 12:00 am

A Moscow woman accused of selling drugs out of her apartment about 75 yards from Palouse Prairie Charter School in 2013 is in Latah County Jail after she was arrested for failing to appear in District Court in January 2014. Melissa Tedrow, 20, was arrested in Oregon in May and has since been extradited to Latah County. Tedrow is charged with two felony counts of delivering marijuana and another two felony counts of delivering LSD and methylone - a designer drug similar to MDMA or "Molly." Tedrow's preliminary hearing is scheduled for this morning in Latah County Second District Court. In 2013 an investigation by the Moscow Police Department and the Quad Cities Drug Task Force used a confidential informant to make multiple controlled buys and used a recorder during the deals, according to court documents. The confidential informant received marijuana, "two hits of acid," and "Molly" from Tedrow on at least three different occasions, according to court documents. The informant told police there was more acid and marijuana in the apartment at the time of the sale, according to court documents.

Jackson, Wyo., man gets three years for meth Post Register / By TOM HOLM / Posted: June 24, 2015 11:56 a.m. District Judge Dane Watkins Jr. sentenced a Jackson, Wyo., man Wednesday to at least three years in prison for trafficking methamphetamine. Shane Shipley, 42, pleaded guilty May 27 to trafficking in methamphetamine or amphetamine. Idaho Falls Police officers and Bonneville County Sheriff‘s deputies arrested Shipley on Oct. 24 after a search warrant was executed. They seized seven ounces of methamphetamine at Motel West, 1540 W. Broadway, authorities said. Shipley will serve three years fixed with 17 years indeterminate to follow, pursuant to a plea agreement. Shipley testified that he thought the plea agreement was fair. ―I want to be held accountable for my actions,‖ he said. ―I would like to live a life … away from drugs and alcohol.‖ Officers requested a warrant after gaining information about possible drug activity in Room 290 of Motel West, authorities said. While searching the room, officers discovered the methamphetamine, $1,729 in cash and drug paraphernalia.

Man with I.F. ties sentenced in meth case POST REGISTER / Posted: June 24, 2015 4:12 p.m. A Mexican national who lived for a time in both Idaho Falls and Kennewick, Wash., was sentenced to 30 years in prison for conspiracy to distribute methamphetamine. Eduardo Barragan Corrales, 35, was sentenced Tuesday, U.S. Attorney Wendy J. Olson announced in a news release. Corrales pleaded guilty to the charge March 10. According to the release, Chief U.S. District Judge B. Lynn Winmill said Corrales likely will be deported to Mexico once he serves his prison term. Based on information in a plea agreement, as well as from the sentencing hearing, the release identified Corrales as a leader of a group that conspired to distribute methamphetamine in southeastern Idaho between Feb. 18, 2014 and March 20, 2014.

More reports suggest Tapp falsely confessed POST REGISTER / Posted: June 24, 2015 7:30 p.m. / By BRYAN CLARK Judges for Justice has presented more evidence that Chris Tapp, imprisoned for the 1996 murder of Angie Dodge, is not the killer. It‘s the latest of a slew of recent reports from national experts suggesting that Tapp, who has spent 6,716 days in jail and prison, falsely confessed to the crime. Bonneville County Prosecutor Danny Clark said Wednesday that he expects to hire an outside expert to review the case within a week or two. ―I‘m very interested in making sure that whoever I hire is looking at it eyes wide open with no ulterior motives looking into it,‖ Clark said. ―And, frankly, that‘s a big decision, but we‘re about there.‖ ―We‘re going to have them review all the information,‖ he said. ―Judge Heavey is picking out particular parts of the case.‖ Judges for Justice co-founder Mike Heavey, a former Washington judge and state senator, undertook an analysis of several videos of polygraph sessions Tapp underwent during the same period he was being interrogated — tapes that never were shown to Tapp‘s attorney, the trial judge, jury or prosecutors, he said. It‘s clear from those tapes, Heavey said, that Idaho Falls police officers got Tapp to confess over time by using threats of dire consequences such as death for non-cooperation, along with promises of immunity if he cooperated. ―Tapp gave six separate and distinct statements during his interrogations,‖ Heavey wrote. ―His first statement was that he had no knowledge of the crime and in the five subsequent statements his knowledge and involvement grew until he stated he stabbed the victim. Each of the five story changes was preceded by a polygraph examination conducted by IFPD officer Steve Finn..‖ In particular, Heavey determined coercive tactics were used to extract a key confession from Tapp: that he slashed Dodge‘s breast after being threatened by Ben Hobbs. Hobbs, another suspect, is imprisoned in Nevada for an unrelated rape. He never was charged in the Dodge killing, and his DNA does not match that found at the crime scene. Heavey said Tapp‘s statement arose during a series of polygraph sessions conducted by Finn. ―You‘re already looking at being charged with murder one,‖ Finn told the 20-year-old Tapp on Jan. 30, 1997. ―Max penalty is death, or middling penalty is life in prison with no parole.‖ A few minutes later, he suggested another alternative. ―If you were forced to do it for fear of your own life, that‘s a different story,‖ Finn said. ―Now we‘re talking that you either did it or die. You were forced into it. So we could go with a different charge rather than life imprisonment or death.‖ When Finn turned on the polygraph, Tapp denied that Hobbs had forced him to cut Dodge. Finn encouraged Tapp to change his story in order to ―save his life.‖

Ammon man reportedly tried to choke wife POST REGISTER / Posted: June 23, 2015 4:27 p.m. / By TOM HOLM Bonneville County Sheriff‘s deputies arrested an Ammon man Saturday for attempted strangulation after he reportedly tried to choke his 31-year-old wife. Christopher A. Miller, 30, was booked into the Bonneville County Jail. His bond was set at $50,000. A preliminary hearing for Miller is scheduled July 1. Court records show Miller and his wife got into an argument. The dispute reportedly escalated and Miller tried to choke his wife, authorities said. Deputies arrived at the residence on the 3700 block of John Adams Parkway about 12:45 a.m. A deputy wrote in a probable cause affidavit that the victim had redness along her cheek and neck, as well as what appeared to be blood coming from one ear. Miller told the deputy he did not choke his wife. Attempted strangulation is punishable by up to 15 years.

Former sheriff Olsen sentenced to jail, probation POST REGISTER / Posted: June 22, 2015 6:32 p.m. / By TOM HOLM RIGBY — Former Jefferson County Sheriff Blair Olsen for the first time issued an apology to the county for misusing public funds. He stood up and gathered himself Monday, clearing his throat and dabbing his eyes with a tissue, before speaking. ―Until now I have maintained that my actions were anything other than criminal,‖ Olsen said. ―I‘m sorry, I blame no one but myself.‖ District Judge Gregory Moeller sentenced Olsen to 30 days in jail. Olsen will serve his time in an undisclosed jail outside Jefferson County. He must serve at least 15 days in jail. Moeller gave Olsen a withheld judgment with the option to

serve 15 days in jail and perform 120 hours community service, which would count for the other 15 days. Olsen also must serve three years probation and is subject to 180 days discretionary jail time should he violate probation. He was fined $2,500 and ordered to pay restitution of $1,023. If Olsen complies with all the terms of his probation, he could apply to have the convictions expunged from his record. In front of a packed courtroom Olsen occasionally teared up as several character witnesses testified to his accomplishments in a nearly 40-year career with the Sheriff‘s Office. His friend Bruce Eckersell said he found Olsen to be a very empathetic person especially when dealing with grieving families. Eckersell runs the Eckersell Funeral Home in Rigby. ―I have seen the hurt that‘s come to him (Olsen),‖ Eckersell said. ―Maybe now we can do something for him and not something to him.‖ Olsen‘s attorney, Gary Cooper, said, during his recommendations for sentencing, that Olsen served the county diligently, often putting his life on the line. ―This is a man any one of us would be proud to know,‖ Cooper said. A Twin Falls County jury on May 13 convicted Olsen of three separate felony counts of misuse of public funds stemming from his issuing the cellphone to his wife Marie. The county paid about $1,000 for Marie Olsen‘s personal cellphone from January 2010 to April 2012. Olsen requested the Idaho Attorney General‘s Office investigate him in September 2013, so he could clear his name. Olsen was indicted by a Jefferson County grand jury Jan. 26. An additional charge alleging that Olsen used county funds to buy himself a personal lifetime membership to the National Rifle Association in 2007 was later dismissed as it fell outside the statute of limitations. At the conclusion of the three-day trial, the 12-member jury deliberated for about three hours before returning guilty verdicts against Olsen. The conviction disqualified Olsen from continuing to hold office. Steve Anderson was chosen as interim sheriff. Olsen testified during the trial that up until the Jefferson County Board of Commissioners created a policy for a backup cellphone, it was under his discretion. ―I was told by people what I should be doing with the phone,‖ Olsen said. ―It was my prerogative to have that phone service available to me and it was important and necessary in my job as sheriff.‖ Marie Olsen testified during the trial that she had the cellphone as early as 2003, contending it was used as a backup for those attempting to reach her husband. She said that on occasion she used the phone for personal use. Call records submitted by the state showed the phone was used almost entirely to call Marie‘s family members and for her work as an insurance agent. Several witnesses said they seldom called Olsen‘s wife to try and get a hold of him. Moeller said Monday he read about 216 letters sent in support of Olsen, with one letter arguing for a strict sentence. Moeller said prior to hearing Olsen apologize, he contemplated giving him a more severe sentence. Moeller said the whole trial could have been bypassed had Olsen apologized and paid back the money when the allegations arose. Moeller compared the offense to the Watergate scandal, in that the crime was less egregious than the cover-up that followed it. ―This all could have been avoided with just a little bit of humility,‖ Moeller said. After sentencing, Olsen took in his family members in a large group hug before being placed into custody by two Jefferson County Sheriff‘s deputies. Cooper refused to comment following the sentencing. Olsen‘s family members also refused to comment. Jason Spillman, Idaho Attorney General‘s Office special prosecutor, said he hopes the judgment will hold public officials accountable. ―We hope this restores the public‘s faith in their government,‖ Spillman said.

Police: Chubbuck woman threatens ex with a bat POST REGISTER / Posted: June 22, 2015 12:51 p.m. / By TOM HOLM Idaho Falls Police arrested a Chubbuck woman Saturday for charges of aggravated assault after she reportedly threatened her 36-year-old ex-boyfriend with a baseball bat. Maria L. Bigley, 27, was booked into the Bonneville County Jail. Bigley was charged Monday with two counts of aggravated assault. She had bond set at $65,000. Police Department spokeswoman Joelyn Hansen said Bigley was reportedly angry that she and the victim had broken up. According to an Idaho Falls Police Department news release, Bigley arrived at the Peppertree Lounge, 888 N. Holmes Ave., and attempted to hit her ex-boyfriend with a bat. A bouncer stopped her and her ex-boyfriend reportedly disarmed her. She was escorted out of the building. Bigley then pulled a steak knife out of her purse and threatened the victim again, the release said. The bouncer restrained her and reportedly took the knife from her hand.Police arrived at about 10:27 p.m. and arrested Bigley. Aggravated assault is punishable by up to five years in prison.

New trial bid fails, Olsen sentencing Monday POST REGISTER / Posted: June 19, 2015 4:00 p.m. / By TOM HOLM RIGBY — District Judge Gregory Moeller denied motions Friday by former Jefferson County Sheriff Blair Olsen seeking new trial and/or an acquittal ruling. Olsen was convicted May 13 by a Twin Falls County jury on three separate counts of misuse of public funds, stemming from Olsen issuing a county-paid cellphone to his wife. Defense attorneys filed two separate motions. One motion cited the unconstitutionality of a state statute as a reason to acquit. The motion seeking a new trial was based on statements by three women who claimed several jurors fell asleep at times during Olsen‘s trial. Olsen‘s defense also argued that the prosecution did not disclose a witness who worked for Verizon as an expert witness. Moeller will sentence Olsen at 2 p.m. Monday. Olsen‘s attorney, JD Oborn, argued that the wording of Idaho Statute 18-5701, under which Olsen was convicted, is too vague and violates the state‘s constitution. Oborn said the statute‘s terms, ―purpose‖ and ―personal use,‖ of a cellphone used for anything other than the benefit of governmental entities was too ambiguous to render a conviction of Olsen. The lawyer said Jefferson County used to pay Sheriff‘s deputies for use of their land-line phones, which also were used for personal business. As a result, the use of a county-paid cellphone for personal use, Oborn said, was incidental and the statute was not clear on incidental use. ―If you cut the cord to your home phone and took it with you, it would be a cellphone, and there‘s no difference between the home phone and a cellphone,‖ Oborn said. In addition, Oborn argued that the Jefferson County Board of Commissioners approved the use of a backup cellphone, used by Marie Olsen, in July 2012. That decision supplanted state law, he said. Moeller later refuted the claim and said if he granted the motion he would be overturning state law and giving county commissions extensive power. Jason Spillman, an Idaho Attorney General‘s Office special prosecutor, said the fact that the defense made the motions after Olsen was convicted proves how little weight the arguments hold. Spillman said the jury reached a guilty verdict based on evidence that the cellphone in

question primarily was used for personal use, which outweighed Oborn‘s argument. ―Are the terms so confusing?‖ Spillman said. ―I think an ordinary person and a juror knows what the dictionary definition of personal use and purpose mean.‖ Later, Moeller asked whether any of the attorneys witnessed any juror who nodded off or fell asleep. Both defense and prosecution said they did not see any jurors sleeping during the trial proceedings. Three women, Olsen‘s daughter, daughter-in-law and wife to his nephew, wrote declarations that they witnessed at least one juror fall asleep at points during the three-day trial. Moeller said he watched the jury for most of the proceedings and never saw a juror fall asleep. Before the Monday sentencing hearing, Moeller said he will read through more than 200 letters sent in support of Olsen. Olsen‘s attorneys said they did not solicit the letters. The ―We Support you Sheriff Olsen‖ Facebook page requested many of the letters. The page had about 1,170 likes as of Friday. Several posts to the page from early June show photos of members putting their letters into mailboxes addressed to Olsen‘s attorney for delivery to Moeller. ―I understand the high publicity in this case, and I will do them the courtesy to read all those letters,‖ Moeller said.

Rigby man arrested for reportedly punching cop POST REGISTER / Posted: June 18, 2015 3:38 p.m. / By TOM HOLM Rigby Police arrested a Rigby man on charges of felony battery on a peace officer for reportedly punching the officer in the back. Jerry Jenson, 53, also was charged with felony burglary and misdemeanor battery in the June 9 incident, according to a Police Department news release. Officer Spencer Housley responded to a report of Jenson leaving the Family Dollar Tree at 247 S. State St. without paying for items and kicking an employee, the release said. Police Department spokeswoman Carol Shackelford said Jenson tried to take about $185 worth of merchandise. The release said Jenson kicked Cheyenne Smith, 19, after she tried to stop him from leaving the store. Housley arrived at the store and asked Jenson to go out to his patrol car. Jenson reportedly began to walk away from Housley. The officer then tried to stop Jenson, who reportedly punched the officer in his back left shoulder. Schackelford said neither Housley or Smith were injured. ―He was struck in the back but he had his vest on,‖ Schackelford said. ―And she was kicked in the hand.‖ A Jefferson County Sheriff‘s deputy arrived and both he and Housley handcuffed Jenson. Battery on a peace officer is punishable by up to five years in prison. Burglary carries a minimum punishment of one year in prison with up to 10 years in prison. Misdemeanor battery is punishable by up to one year in jail.

Tanner Cox pleads not guilty to voluntary manslaughter POST REGISTER / Posted: June 18, 2015 11:30 a.m. / By AUBREY WIEBER A shackled Tanner Cox walked into a Bonneville County courtroom Thursday and entered a not guilty plea for the charge of voluntary manslaughter. District Judge Bruce Pickett assigned the case a jury trial date of Sept. 14, but the case could be resolved well before then. Bonneville County Prosecutor Danny Clark said he always expects a case to go to trial until it doesn‘t, but also said in general, cases often are resolved before a trail date. ―Ninety-some-odd percent of defendants will plead not guilty at their arraignment and then turn around and plead guilty later on,‖ Clark said. ―That‘s just kind of the nature of the beast.‖ Cox, 22, is in custody following a May 18 arrest stemming from the beating death of 36-year-old Josh Olzak. Olzak and Cox were involved in an altercation May 9 where Cox threw a punch that knocked Olzak to the ground, causing him to fracture his skull. Olzak was hospitalized and died at 9:40 a.m. May 11. Cox was reportedly with up to eight other people, one being Nickolas Arguello. Olzak was with one friend, Josh Loveless, who sustained a fractured nose and broken jaw. As previously reported in the Post Register, Cox was arrested shortly after the attack for driving under the influence. Arguello was named as a suspect but was never arrested and has returned to North Dakota for work. On Thursday, the Idaho Falls Police Department said there were no new suspects or arrests. Cox‘s defense attorney, Jim Archibald, said he resolves most cases without going to trail, and that he is still figuring out what the likely course of action will be. Archibald said he has questions regarding Olzak‘s time in the hospital. ―He was alert, he was talking to family,‖ he said. ―He was actually wanting to leave the hospital on May 10. He was trying to get out of his hospital bed. He actually had a struggle with the cops, a struggle with hospital personnel on May 10 trying to get out of his bed. ―From a lay prospective, it looks to me like, yeah, he was hurt, but he was getting better.‖ Archibald said he plans to hire a medical expert to walk him through the details of the death. He said questions surrounding the cause of death remain. In addition, he said he might look at a self defense strategy should the case see the light of a trial. ―(Cox said) Olzak was going to make the first punch,‖ Archibald said. ―Olzak lunged at him. So that‘s called self defense. So we are looking into if it‘s a valid self defense or not.‖ It appears Cox will remain in custody while Archibald mulls over strategies. During a May 29 hearing, District Judge Mark Riddoch reduced Cox‘s bail from $100,000 to $30,000, just slightly more than the $20,000 the defense asked for. However, Cox hasn‘t bonded out. ―It‘s low enough, the family can bond him out now,‖ Archibald said. ―It‘s whether or not they should, because there are some other issues going on.‖ Cox is scheduled for a pretrial hearing Sept. 2 and a jury trial starting Sept. 14.

Day trader sentenced for investment fraud scheme POST REGISTER / Posted: June 17, 2015 2:44 p.m. A 41-year-old Rexburg man was sentenced Tuesday to two years in prison for an investment scheme that took in more than $9 million. U.S. Attorney Wendy J. Olson announced the sentencing in a news release. U.S. District Judge Edward J. Lodge ordered Michael Justin Hoopes to serve the prison term followed by three years of supervised release for wire fraud and monetary transactions in property derived from specified unlawful activity. He also ordered Hoopes to pay $620,000 in restitution and perform 200 hours of community service. Hoopes pleaded guilty Feb. 24. According to the plea agreement, Hoopes admitted that from 2007 through February 2011, he engaged in a scheme to defraud investors in various investment opportunities, the release said. Specifically, Hoopes solicited investors to provide him with capital he represented he would use in his commodities futures day trading activities and to invest in Connected Lyfe, a publicly traded company. Connected Lyfe, based in South Jordan, Utah, offers TV, Internet and voice services in a single broadband connection, according to its

website. During that time frame, Hoopes received in excess of $9 million from investors. Of that amount, Hoopes misappropriated about $620,000 for personal use, including paying credit card bills. Hoopes told investors he earned day-trading returns in excess of 20 to 25 percent, that he would invest all of the capital they provided in day trading and pay them from the profits generated by their investments, the release said. He told investors he would receive personal compensation only from profits he made above the 20 to 25 percent return. Hoopes provided false monthly account statements to investors documenting the purported positive returns, the release said. He also misrepresented that an investor would double their investment within one year and bear little risk of loss. Hoopes did not invest all the money he received. He used much of it for paying ―positive‖ returns to existing investors primarily from the capital raised from new investors. Contrary to monthly account statements showing positive returns, he lost most of the remainder day trading and in other failed investments. As part of Hoopes ‘ plea agreement, he forfeited his shares in Connected Lyfe staked to him by investors. Hoopes forfeited 6,107,589 shares in Connected Lyfe that will be returned to the investors who pledged money for the shares. ―The hope is that if Connected Lyfe can make the corner, its stock will have value again and the investors will be repaid,‖ Hoopes‘ lawyer, Blake Atkin, of Atkin Law Offices in Bountiful, Utah, told the Post Register in February. At their high, in July 2010, the Connected Lyfe shares briefly topped $3 per share. The stock closed at 2 cents a share Wednesday. At 2 cents a share the stock is worth $122,152. ―Those who convince others to entrust them with investing their hard-earned money, but instead use that money for personal gain will be vigorously prosecuted,‖ Olson said in the release. ―This sentence ensures that Mr. Hoopes is punished and sends the strong message that investment schemes don‘t pay.‖ The U.S. Commodity Futures Trading Commission, a federal regulatory agency, filed a civil lawsuit against Hoopes in October 2011 for violations of the Commodity Exchange Act. In July 2012, Judge Lodge ordered Hoopes to pay $10.4 million in restitution payments and $1.4 million in civil penalties for orchestrating a Ponzi scheme that defrauded 10 residents. The Post Register previously reported that at least two of Hoopes ‘ victims — Idaho Falls accountant Steve Crandall and Keith Cornelison — lost money in Daren Palmer‘s Ponzi scheme. Palmer, formerly of Idaho Falls, was sentenced in September 2011 to an eight-year prison term in connection with a $75 million Ponzi scheme he operated. Lodge also was the judge in Palmer‘s case. Assistant U.S. Attorney Raymond E. Patricco in February told the Post Register that the wire fraud charges were related to the issues raised in the Commodity Commission‘s lawsuit. He said many of the victims in the civil case are the same as in the criminal case. ―Investment fraud schemes often involve individuals who appear extremely credible and trustworthy. When investigated by our special agents who specialize in following the money, these individuals are exposed as greedy and uncompassionate and have devastated the financial well-being of investors whose trust they betrayed,‖ said Gilbert R. Garza, special agent in charge of IRS Criminal Investigation for the state of Idaho, in the release. The case was investigated by the Internal Revenue Service, Criminal Investigation Division and Federal Bureau of Investigation, with the assistance of the Commodities Futures Trading Commission.

Hearing for suspect in triple murder postponed Adam Dees is accused of killing three people in the Boise foothills June 18, 2015 / Idaho Press-Tribune / By RUTH BROWN BOISE — The 22-year old Nampa man suspected of killing three people appeared before District Judge Samuel Hoagland on Thursday for a status conference, but any new developments in the case were postponed. Adam Dees‘ defense attorney requested the court appearance be postponed. Hoagland rescheduled the status conference for 10 a.m. June 26. Dees remains in custody at Ada County Jail without bond. He is being held on suspicion of killing 80-yearold 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 is also accused of using the victims‘ three credit cards to make purchases at Sears, Oakley, The Buckle and Barbacoa. All three victims were killed by bludgeoning and gunshot wounds to the head, according to an Ada County Coroner‘s report. He also allegedly had a 9mm handgun tucked into his waistband that he did not have a license to carry concealed. Dees is charged on suspicion of three counts of first degree murder, two counts of robbery, an enhancement for use of a deadly weapon in the commission of a felony, burglary, four counts of forgery of a financial transaction card and a misdemeanor charge for carrying a concealed weapon without a license.

Labor union treasurer pleads guilty to embezzlement; Helen Herold-Roden was accused of stealing $138,658 from members June 18, 2015 / Idaho Press-Tribune / By IDAHO PRESS-TRIBUNE STAFF

BOISE — Helen HeroldRoden, past treasurer for the Communication Workers of American local union No. 7603, pleaded guilty Thursday to embezzlement and theft of labor union assets, U.S. Attorney Wendy J. Olson announced. According to the plea agreement, from 2008 through 2014 Herold-Roden embezzled approximately $138,658 belonging to the union for her personal use. She was able to embezzle such a large amount because she had check-signing authority for the the union‘s checking account at D.L. Evans Bank, and she also possessed a debit card for the same checking account. Herold-Roden wrote duplicate checks to herself and vendors to pay personal bills about 28 times, according to the reports. She also used the debit card to make cash withdrawals, VISA debit card payments and wire transfers to make personal payments to vendors such as wireless phone companies, utility companies and outlet stores. The report states that Herold-Roden used the debit card about 740 times for personal bills. Anyone guilty of embezzlement and theft of labor union assets can be sentenced up to five years in prison with a maximum fine of $10,000 and three years supervised release. Herold-Roden‘s sentencing is set for Sept. 8 before U.S. District Judge Edward J. Lodge at the federal courthouse in Boise. Members of the union are employed in the telecommunications industry and include employees of Century Link, AT&T and the Idaho Statesman. Membership dues are electronically deposited to the account at D.L. Evans Bank twice each month.

Kuna man arrested 12 hours after bonding out of jail June 20, 2015 / Idaho Press-Tribune / By IDAHO PRESS-TRIBUNE STAFF KUNA — Police arrested a 21-year-old Kuna man caught breaking into snow cone stand early Friday morning – only hours after he bonded out of the Ada County Jail on a different felony burglary charge. In addition to the break in at the stand in the Linder and Deer Flat roads area, Shayne A. Angwin is a suspect in break-ins at the Kuna baseball field snack stand on Second Street, a Kuna-area dog grooming business and the city of Kuna maintenance yard on Fourth Street earlier this week. Angwin is charged with two counts of felony burglary in connection with the break-ins and more charges are possible. He is also charged with resisting arrest in connection with Friday morning‘s incident. Kuna Police began the latest investigation shortly before 1:30 a.m. Friday after getting a call from someone who saw a man go into the snow cone stand on N. Doe Avenue through a window. When a Kuna Police officer arrived at the stand moments later, he saw a man — later identified as Angwin — jump out of the building and run away. That officer chased after Angwin, who refused commands to stop. Officers arrested Angwin and booked him into the Ada County Jail — a place Angwin bonded out of less than 12 hours before. Kuna Police first arrested and charged Angwin with burglary late Wednesday afternoon. Kuna police found evidence at the baseball field that linked the break-in at snack stand to two teenage boys (ages 16 and 17) found a short time later at the skate park on Second Street. As the case progressed, officers developed evidence that Angwin orchestrated and did the break-ins at all three places earlier in the week. Officers booked Angwin into the jail late Wednesday afternoon. Angwin left jail around 4 p.m. Thursday after posting $5,000 bond. Less than 12 hours later, he was back in the jail on a new burglary charge. Angwin is being held in the Ada County Jail on a $25,000 bond. His preliminary hearing is scheduled for July 2. The two teens involved in the first burglary have not yet been charged, the sheriff‘s office says.

Potato growers settle lawsuit for $25 million June 20, 2015 / Idaho Press-Tribune / By REBECCA BOONE The Associated Press BOISE — A federal judge has signed off on a $25 million settlement in a lawsuit between wholesale grocers and potato farming associations accused of forming a price-fixing cartel. Associated Wholesale Grocers filed the class-action lawsuit in 2010, contending that potato growers in Idaho and elsewhere conspired to raise prices by restricting the number of acres planted and taking other steps to limit production. They said such moves raised the cost of a 10-pound bag of potatoes from about $9 in 2007 to roughly $15 in 2008. The defendants — including United Potato Growers of America, whose members produce about 75 percent of the potatoes grown in the U.S. — denied the claims. They said they were simply running an effective cooperative, focused on helping their members navigate the fluctuating potato market, and that their actions were allowed under the 1922 federal CapperVolstead Act. The law gives a limited exemption from antitrust rules for agricultural cooperatives. The Kansas-based Associated Wholesale Growers, a cooperative of more than 2,600 retail stores in 30 states, contended the potato growing groups strictly enforced their limitations using GPS, satellite imaging and even farmland flyovers. The massive lawsuit pitted potato farmer against potato buyer, with high stakes on each side. The National Potato Council estimates that roughly 35 pounds of fresh potatoes per person were consumed in the U.S. in 2012. The estimated value of potato sales that year was $3.7 billion. The paperwork in the case was also massive. The documents produced by the defendants alone totaled more than 3.6 million pages, according to court records. Settlement negotiations have frequently stalled over the past five years, but on Wednesday, U.S. District Judge B. Lynn Winmill in Idaho gave his preliminary approval to the settlement. Under the settlement, anyone who purchased fresh potatoes from stores in Arizona, California, Florida, Iowa, Kansas, Massachusetts, Michigan, Minnesota, Nevada, New York, North Carolina, Tennessee, Vermont and Wisconsin for end use and not resale in roughly a 10-year timespan will be eligible for part of a $5.5 million pot. Anyone in the U.S. who purchased potatoes directly from the growing groups or their members and subsidiaries will be eligible for a portion of a $19.5 million settlement. The growers groups are also barred from restricting acreage or taking other actions to reduce the number of potatoes grown by members for seven years. An expert for the grocers association estimates the ban will result in potential savings for potato consumers of about $250 million a year, for a total of about $1.75 billion, according to court documents.

Nampa man arrested after police pursuit June 22, 2015 / Idaho Press-Tribune GARDEN CITY — A Nampa man was taken into custody by Idaho State Police after a high-speed pursuit Saturday, police said. According to a release, police arrested Tyler Tomlinson, 31, and charged him with felony eluding, felony possession of drugs, possession of paraphernalia and several warrants. Police say around 9:15 p.m. Saturday, Tomlinson fled eastbound from a traffic stop on Interstate 84 just west of the Ten Mile Road exit. Speeds reached approximately 90 mph before police used the Pursuit Intervention Technique to pin Tomlinson‘s vehicle against a concrete barrier as it threatened to merge onto I-84 going the wrong direction. Police say Tomlinson fled on foot and was taken into custody without incident near the Riverside Hotel in Garden City.

Caldwell bail agent license suspended by insurance department June 23, 2015 / Idaho Press-Tribune / By Ruth Brown BOISE — The director of the Idaho Department of Insurance has issued orders suspending the Idaho resident bail agent license of Anna Banda, of Caldwell. According to the order, effective June 19, Banda‘s license is suspended for one year.

She must pay an administrative penalty of $6,000. ―Bail bond agents are required by Idaho Code to follow strict guidelines in handling and processing consumer funds,‖ Insurance Department Director Dean Cameron said in a news release. ―Mishandling of these funds is cause for disciplinary action by the department.‖ Idaho Insurance Code requires agents to deposit insurance premiums into a fiduciary fund account that is separate from personal accounts. Idaho Code also prohibits the personal use of fiduciary funds. An investigation conducted by the Department revealed that Banda, 43, had on at least one occasion deposited a check into a non-fiduciary account and that she had made personal purchases from her fiduciary account more than once. Banda said the deposit into the wrong account was accidental. She said she has three accounts, a fiduciary account, an operating account and a collateral account. She told the Idaho Press-Tribune Tuesday that she did not intentionally put the money into the wrong account. The money went into her operating account, which she then used to buy gasoline, lunch and pay fees for calls with jail inmates. ―It was a mistake,‖ Banda said. ―I just made a mistake.‖ Banda said she felt discriminated against as a Hispanic resident. ―Other Caucasians have done what I have, or worse, and only got a six-month suspension and $1,000 fine,‖ Banda said. ―I‘m disgusted with how this was handled.‖ She will be eligible to reinstate her license after the one-year suspension and upon payment of all penalties. Her business activities will be monitored by the department for one full year. Banda owns Anna‘s Bail Bonds. The business is still open because Banda has two other licensed agents working for her. The Department of Insurance press release named her as Ann Marie Banda, but Banda said her first name is Anna, and the name on her business license is Anna Banda. The consent order can be viewed on the department website, www. doi.idaho. gov.

Caldwell man sentenced to 20 years for sex abuse June 23, 2015 / Idaho Press-Tribune / By Idaho Press-Tribune Staff CALDWELL — Alejandro F. Gonzalez, a previously convicted sex offender, was sentenced Tuesday by Judge Christopher S. Nye to 20 years in prison for sexual abuse of a child younger than 16. Nye sentenced Gonzalez, 33, of Caldwell, to 10 years fixed, followed by 10 years indeterminate and ordered him to pay court costs. Gonzalez must have no contact with the victim for a period of 20 years. The sentence will run consecutive to his prior sentence in 2008 for sexual abuse or exploitation of a vulnerable adult. He has about 9-anda-half years left on that s e n t e n c e , accord - ing to Canyon County spoke sma n Joe Decker. Gonza - lez was arrested by the Caldwell Police Department in April after he was caught trying to lure a 15-year-old girl into his car as she walked home from school. He had been out of prison for less than a year when that incident occurred. The victim told police that as she walked by, Gonzalez walked up to her on numerous occasions and attempted to hold her hand and kiss her. He also attempted to get her into his vehicle. During an interview with detectives, Gonzalez admitted to trying to lure the underage girl into his car on more than one occasion. He admitted that he had a sexual desire when he tried to kiss her and hoped it would lead to sex. Gonzalez also admitted to trying to entice another underage female, but she ran away from him. ―This is the kind of thing that is a nightmare for parents,‖ Nye said during sentencing. ―I can‘t imagine anything scarier. It is just luck that it didn‘t go any farther.‖

Idaho court rules on Boise doctor with revoked license June 24, 2015 / Idaho Press-Tribune BOISE — 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 Richard 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.

Burglary suspect caught by Ada County deputies June 25, 2015 / Idaho Press-Tribune / By Idaho Press-Tribune Staff STAR — Deputies from the Ada County Sheriff‘s Office arrested a man suspected of burglary Wednesday evening after a second short foot pursuit, according to Patrick Orr, an Ada County spokesman. The man was caught around 6 p.m. in a neighborhood near Star Elementary. His name was not released as of press time. KBOI reported police officers were called when a man was caught peeking his head over fences. When police went to talk to the man, deputies say he took off running. His backpack was left behind and cops found items from a burglary in Nampa the night before. Deputies warned people in the Star Road/Blake Drive/Darkwood Drive neighborhoods to lock their doors and be cautious. A perimeter was set up in the neighborhood west of Star Elementary to find the suspect, and police were also going door to door. According to Nampa Police Sgt. Joe Ramirez, the Nampa home was in the 500 block of Wagon Wheel Road. The residents were asleep in the house when the crime was committed. After a seven hour wait, the man was found hiding in the same neighborhood.

Man sentenced to 20 years for sexual abuse June 25, 2015 / Idaho Press-Tribune NAMPA — A Nampa man was sentenced Tuesday to 20 years in prison for sexual abuse of an 8-yearold girl that took place last year. Police believe the abuse occurred on more than one occasion. Nicholas Alan Butterfield, 30, pleaded guilty in April to sexual abuse of a minor younger than age 16. The charge was amended down from lewd conduct with a child younger than age 16, according to the Idaho State Repository. He could be eligible for parole after five years are served. He was also ordered by to pay $5,545.50 in fines and fees.

Nampa murder suspect goes to trial July 7 June 25, 2015 / Idaho Press-Tribune / By Ruth Brown NAMPA — A Nampa man suspected of kidnapping and killing a man in November maintained his innocence Wednesday, and officials have set a new trial date in the case. Raul Edgar Herrera, 21, is suspected of killing Jeffrey Dyer, of Nampa, over a dispute for $700 and for ―being disrespectful.‖ He is charged with first-degree murder, second-degree k idnapping, robbery, burglary and aggravated battery. Prosecutors asked District Judge Molly Huskey for at least 100 potential jurors to be brought in to choose from in final jury selection. The trial is set to begin July 7. The Canyon County Prosecutor‘s Office offered Herrera a plea deal, but he declined the offer. Herrera and his co-defendant Angelo Cervantes, 21, of Nampa, were arrested after Dyer, 46, disappeared from his home on West Dakota Avenue. Dyer‘s 1995 Cadillac Seville also went missing. Dyer was found a few days later in the Cadillac‘s trunk in Ontario, Oregon. He died from blunt force trauma to the head. 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.

Feds approve gold mine plan in central Idaho wilderness June 25, 2015 / Idaho Press-Tribune / By Keith Ridler, The Associated Press BOISE — The U.S. Forest Service has approved a gold mining company‘s plan to reopen a 4-mile road in a central Idaho wilderness and drill core samples to find out if two of its claims are profitable enough to be mined. The federal agency in a statement Tuesday said Payette National Forest Supervisor Keith Lannom approved American Independence Mines and Minerals Co.‘s plan in the Frank Church River of No Return Wilderness. The plan authorizes the company to make 571 motorized trips annually into the wilderness area to build 11 drill pads. Vehicles would include four-wheel-drive pickups, a dump truck, a flatbed truck, a bulldozer and a small excavator. The Forest Service said mining is allowed in the wilderness as mining laws and mining in the area predate wilderness designation. But the company has to focus only on work that‘s necessary to prove the claims profitable. ―This work is being approved to ensure that valid rights exist,‖ Lannom said in a statement. ―To do that, the mining claimant must be allowed to show they have made a discovery.‖ The Forest Service said the approval means the company could start work after submitting a revised plan conforming to the agency‘s approved plan. Payette National Forest spokesman Brian Harris said that process doesn‘t include public review and is something of a formality. American Independence Mines and Minerals is a limited liability company formed in December 2013, according to the Idaho secretary of state‘s office. The person listed as responsible for signing annual reports is Conway G. Ivy, manager and president of Ivy Minerals Inc. Ivy Minerals incorporated in Idaho in August 1978 with Ivy at president. His address in state documents is listed as Beaufort, South Carolina. A message left on his home phone Wednesday by The Associated Press wasn‘t returned. Both Ivy Minerals and American Independence Mines and Minerals list the same U.S. post office box in Boise as their address. State documents list David R. Lombardi, an attorney with Givens Pursley in Boise, as a contact for American Independence Mines and Minerals. Lombardi on Wednesday said the company hopes to have its revised plan submitted and approved this summer so workers can start improving roads outside the wilderness. He said it wasn‘t clear when work would start within the wilderness. If the process moves forward and the company proves the mining claims in the wilderness are profitable, the next step would be for the company to submit a plan to the Forest Service on how it would go about mining for gold. The company has eight claims in all in the wilderness in about the same area. Three of those claims were proven profitable in the late 1980s, but the Forest Service hasn‘t received a mining plan. Lombardi said the company wants to validate the two additional claims and then mine all five claims at once. ―It makes more sense to develop the claims together rather than piecemeal,‖ he said. Before mining, though, the company would have to submit a plan that would trigger another round of environmental assessments. If that plan meets environmental requirements, the company could start. Lombardi said mining in the area has historically been underground, but the company couldn‘t rule out open pit mining. ―It depends on the results of the drilling and other exploration,‖ he said. ―There would be a mining plan to address the minerals in the most efficient way possible with the least environmental impact possible.‖ Jonathan Oppenheimer of the Idaho Conservation League said mining laws do make mining in the wilderness legal, but environmental laws still apply and the group is not ruling out a possible lawsuit. ―While there are certain rights that precede the designation of the Frank Church Wilderness, there is still a responsibility on the part of the Forest Service to mitigate negative impacts,‖ he said.