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The Idaho Supreme Court has unanimously reversed the second-degree murder conviction in Kootenai County of Jonathan W. Ellington. Here is a link to the Court’s decision.
The Court’s decision makes it very clear that it (the Court) believes the evidence shows an Idaho State Police Corporal gave false testimony and may even have perjured himself. It also makes it clear that the Kootenai County Prosecuting Attorney’s office engaged in prosecutorial misconduct and that the First District Court trial judge committed several significant errors in the criminal trial. Commenting on the testimony of Kootenai County Sheriff’s Sergeant Brad Maskell, the decision noted, “Sergeant Maskell’s comment on Mr. Ellington’s silence may not have been specifically solicited by the prosecutor, but it was undoubtedly both gratuitous and prejudicial to Mr. Ellington.
What the decision does not reveal, however, is that the Kootenai County Deputy Prosecutor who was the lead prosecutor was Arthur W. Verharen. Neither does the Supreme Court’s identify the trial judge, District Court Judge John P. Luster. The Kootenai County Prosecuting Attorney at the time was William Douglas.
This case is noteworthy because it helps the public evaluate the quality of performance of duty by the Idaho State Police, the Kootenai County Sheriff’s Department, the Kootenai County Prosecuting Attorney, and District Court Judge John P. Luster.
Wow! I hope Cpl. Rice is no longer considered for expert testimony. I also wonder if he will be charged? CAUGHT! I remember this mess – it was all over the news. It was a higly charged emotional case, locally.
The guy didn’t have time to react in the drama of it all, thus the accident was not intentional vs. the prosecution’s stance to make it look like a deliberate homicide/murder from what we now know as perjured testimony from a STATE POLICE employee that specializes in accident reconstruction! Unbelievable! The good Cpl. wants it so bad he perjures himself and now looks like a bought and paid for idiot. I always wonder when something happens like this – who knows who? – and why our legal system is so adamant to make something stick. In this case, it was probably some convincing ‘green’ to make it happen. Then our own district judge just ignores this new evidence of perjury – refuses to grant a new trial – because the perjured testimony was ““merely speculative” and “would not alter the outcome,” and accordingly it would not probably produce an acquittal” – so let’s just keep the man in prison until he dies. The judge has a crystal ball, I guess. Unfortunately, this is not the only bad case out there, but fortunately, this one did not drop through the cracks. Just awful – all of it – a senseless tragic accident.
Nice find, Bill!
Comment by Stebbijo — May 28, 2011 @ 3:54 pm
Looks Cpl. Rice is still working. Wow, again.
Comment by Stebbijo — May 28, 2011 @ 4:05 pm
Stebbijo,
Thanks. At the time this case went to trial, I believe the Captain in charge of Region 1 was none other than Wayne Longo. I believe the Captain in charge of Investigations in Region 1 was Clark Rollins .
I bring up Longo and Rollins because last I heard, Rollins had been transferred to Meridian to head up the ISP’s Office of Professional Standards over Region 1. That is, I believe, the unit responsible for internal integrity and suitability investigations. If you follow this link, you’ll see that OPS is supposedly under “Law Enforcement”. Click on that link, and lo! OPS does not appear under ISP’s Law Enforcement. In fact, to find out anything about OPS, you need to follow this link. For some reason, I would be very skeptical that filing a complaint with the ISP against one of its troopers would get anything other than a brush-off, at least in Region 1.
Comment by Bill — May 28, 2011 @ 5:10 pm
Gad – why am I not surprised? But, hey, we get a little golden nugget thrown at us – the Idaho Supreme Court got it right! Just makes a person want more, tho. Hopefully, they will be throwing more of those nuggets our way in days to come! I guess a person could call the State Police and whine about their Cpl. who lies – vent a little – maybe find out what county he lives in so their prosecuter can jump to the task – then the AG’s office would have to work on his behalf, because that is what they do – defend corruption.
Comment by Stebbijo — May 28, 2011 @ 5:56 pm
The other side of this case was why the Larsen’s seemingly went vigilante on Ellington and were not at all charged with any crimes. I recall someone suggesting that the loss of the mother was punishment enough for the family. But when PaPa Larsen went out in anger with a loaded concealed weapon he was breaking state laws. Then he brandished and discharged that weapon and actually hit Ellingtons truck several times. Wild, wild west stuff there.
Comment by Wallypog — May 29, 2011 @ 8:35 am
Wallypog,
The best record of what happened would be in the trial court’s transcript. It will be interesting to see if McHugh wants to get this retried given the Supreme Court’s comments about the official conduct of several of the investigators and the deputy prosecutor.
Unfortunately we are at the mercy of less-than-thorough and imminently biased news/views/skews media. It’s particularly disturbing to me that while District Court judges are elected officials, our local news/views/skews media rarely offer critical editorial comment (let alone detailed news coverage) when a judge really messes up. Consequently, the public never really learns just how inept some judges are, so we keep voting them in. Judges are no better than any other elected official, and their official conduct deserves every bit as much public scrutiny.
Many of our local vocals, including some public officials, publicly attacked Jim Brannon and Starr Kelso for supposedly wasting taxpayer money on the election contest lawsuit. Aside from the fact that was the statutorily prescribed and appropriate action, I wonder why those same local vocals and officials aren’t complaining about the cost to the public of Ellington’s trial and the appeals? I wonder why they aren’t screaming at McHugh, Watson, and Longo for wasting the public’s money, not to mention very possibly violating Ellington’s civil rights?
Comment by Bill — May 29, 2011 @ 8:53 am
Since the testimony occurred in Kootenai County, one has to wonder when McHugh will file perjury charges against the ISP officer?
Comment by Joe Six-Pack — May 30, 2011 @ 12:08 pm
Welcome, Joe Six-Pack. Does anyone think letters to the Prosecutor from regular citizens would compel him to take action on any of the pending local issues?
Comment by mary — May 30, 2011 @ 1:13 pm
Mary, maybe if there were a whole bunch? I know I contacted him moons ago about the library/parking lot issue next to the shopping center that the NIC trustee appeared to have a conflict of interest – and it was buried. Been awhile.
It’s been stated that the instruction materials may have been wrong, I doubt that tho, since the Supremes were pretty sure on the false testimony. But they say is different from actual perjured testimony. So the jury is still out as they say.
That’s a new twist,I was thinking chg’s would need to be filed from the county he resides in – but I don’t know for sure. Our prosecuter filing chgs against a tenured ISP – that would be a stretch, but a much needed one. God knows we have plenty of work for him to do here.
Comment by Stebbijo — May 30, 2011 @ 2:39 pm
Wonder what the Prosecutor would do if he considered the statute on subornation of perjury with regards to the deputy prosecuting attorney that had the ISP officer testify? Probably the same as a charge against the ISP officer, nothing.
Comment by Joe Six-Pack — May 30, 2011 @ 3:07 pm
It’s ugly, that is a fact. If nothing else, probably worth a complaint to the FBI office – what the heck – maybe they will listen and we will all get lucky and win the lottery so to speak!
Salt Lake City
FBI Salt Lake City
Suite 1200, 257 Towers Bldg.
257 East, 200 South
Salt Lake City, Utah 84111-2048
(801) 579-1400
saltlakecity.fbi.gov
Comment by Stebbijo — May 30, 2011 @ 4:59 pm
After the FBI’s botched “investigation” into gambling in Shoshone County several years ago…good luck with that one.
Comment by Joe Six-Pack — May 30, 2011 @ 5:13 pm
LOL, yes, JSP – some of us ‘get it’ – but hey,I don’t care anymore, sometimes, if something hits my craw, I call for fun – then someone might be transferred. WTH. Call – I like calling these guys. It’s fun – nothing like calling the Dept. of Defense or the FBI – it’s a rush. Do it. Call.
Comment by Stebbijo — May 30, 2011 @ 7:20 pm