6 I The Lovell Chronicle I January 21, 2010 www:LovellChronicle.com
Did You Know? Continued from page one
Many factors weigh in
available to us."
She said there are some-
times disagreements between
different agencies, but the sys-
tem works best when every
agency works together and com-
municates throughout the pro-
cess.
Lovell Chief of Police Nick
Lewis and Sheriff Ken Black-
burn agreed that everything
works best when every agency
does its part.
When a case is dismissed,
Mickelson said she tries to be
specific when noting on the file
why each case was dismissed.
The Lovell Chronicle has
maintained a policy of printing
any dismissed cases that were
reported on in a previous issue
of the Chronicle. Usually the
initial printed information is an
arrest in the police or sheriffs
report.
Mickelson reminds residents
that the majority of court re-
cords are public record, and are
available to view at the Circuit
Court Clerk's office at the Lovell
Annex. Only District Court cas-
es involving juveniles and some
sex offenses are not available to
view.
Mickelson and Jim Hallman
are the two deputy county attor-
neys that assist County Attor-
ney Georgia Antley Hunt with
the everyday responsibilities of
the office. The office also em-
ploys a secretary and legal as-
sistant Erin Campbell.
Antley Hunt .handles the
more high-profile criminal cas-
es including sex crimes as well
as county issues like roads and
land contracts. Mickelson gen-
erally handles circuit (misde-
meanor) and district (felony)
court cases from the north end
of the county, as well as juve-
nile cases, which are handled in
district court. Hallman handles
cases from the south end cir-
cuit and district court and also
handles triage cases, which are
cases submitted by law enforce-
ment with a request for review
or direction from the county at-
torney.
The three employees of the
office also help each other with
caseload, Mickelson said. The
office has no current record of
the amount of cases that have
passed through the office, but
they are working to compile the
information in the future, Ant-
ley Hunt said.
It is often hard for members
of the public who may be new to
the court system to navigate it,
Mickelson said.
"It's hard to understand the
system until you're involved in
it," Mickelson said.
The county at-
torney's office is
available to answer
questions from the
public, but they can-
not give legal advice
to citizens about civil
matters, Mickelson said.
Mickelson is available
to meet at the Lovell Annex
on most Mondays, she said, and
sometimes takes appointments
through the week in the north
end of the county. A member of
the county attorney's office is
generally available on Thurs-
days and Fridays for appoint-
ments in Basin, she said. Con-
tact the office at 568-2436 for
more information or to schedule
an appointment.
The county attorney's office
and other agencies are work-
ing with Big Horn County news-
papers to provide updates and
little-known facts about their
services. This is an effort to edu-
cate the public about commonly
asked questions and to help cit-
izens to know their rights and
what to expect when working
with these agencies.
KARLA POMEROY
Big Horn County Attorney Georgia Antley Hunt (seated) and her staff (l-r standing) Kim
Mickelson, Erin Campbell and Jim Hallman, prosecute cases and handle civil matters for
the county commissioners.
The first step:
a law enforcement perspective
Law enforcement is an inte-
gral piece of the justice system.
Submitting cases for prosecu-
tion is a major responsibility of
the Big Horn County Sheriffs
Office and municipal police de-
partments.
Preparing and submitting
cases is something that county
deputies take seriously, accord-
ing to Sheriff Ken Blackburn.
"Law enforcement inves-
tigates crimes. It's our job to
get together as much evidence
as we can and submit it to the
county attorney's office," Black-
burn said, adding that multiple
agencies must work together to
bring a case to trial, and then
gain a conviction. Some cases
are dismissed even though a law
enforcement officer might think
it has a good chance of gaining a
conviction.
"Sometimes people don't
realize that the cops on the
street aren't the ones calling the
shots," he said. "What might be
very clear in the heat of the bat-
tle could become cloudy in the
courtroom."
He mentioned a number of
efforts he has made recently to
improve the quality of investi-
gations and communication be-
tween all agencies involved.
The sheriffs department
hired Keri Wilske as a crime
scene technician who special-
izes in evidence collection and
management. Her duties include
submitting evidence to the state
crime lab and traveling to the
lab to keep the department up-
to-date. Brent Godfrey is also a
crime scene specialist, Black-
burn said. Wilske and Godfrey
specialize in evidence collection
and storage and help with the
extra work required for investi-
gations taking some of the pres-
sure off of deputies who are load-
ed with their usual casework.
Blackburn said the sheriffs
department has a weekly meet-
ing with the county attorney's
office to talk about how to im-
prove communication and talk
about what evidence the coun-
ty attorney's office would like to
see submitted. Any other agen-
cies involved with the process
are encouraged to attend, he
said.
"Those meetings help us
be more effective with cases,"
Blackburn said.
Blackburn added that he
strives to remain objective when
dealing with investigations.
He said he has excused him-
self from a case several times
to avoid a conflict of interest be-
cause a family member was in-
volved with minor charges.
"It's important to be consis-
tent, equal and fair," Blackburn
said.
selection
Cases can be
Possible order
of events ...
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I
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dismissed because:
Victim is not willing to cooperate
Cases are sometimes dismissed based
on if there is a victim of the crime, and the
victim is not willing to cooperate, Mickel-
son said. Like other reasons to dismiss
a case, a victim's willingness is a factor,
but doesn't always stop prosecution, she
said.
Seriousness of the crime
Cases might be dismissed based on the
seriousness of the crime.
Better way to handle the case
Some cases are dismissed if there is a
better way to handle the case, Mickel-
son said, like rehab instead of jail time
for someone involved with an addiction
problem.
Defendant receives a deferred sentence
The prosecution dismisses some cases
if the defendant receives a deferred sen-
tence under Wyoming Statute 7-13-301.
A deferred sentence means the defen-
dant is placed on probation for a period
of time and once probation is complete,
the subject is clear of the charges. If the
subject violates probation terms, the court
can revoke the deferred sentence and
enter a guilty plea, followed by sentenc-
ing, Mickelson said.
A deferred sentence under 7-13-301 is
only permitted one time per person. Mick-
elson said the office grants deferred sen-
tences for misdemeanors and some felo-
nies, weighing a number of factors in their
decision. The county attorney's office and
judge must approve the request before
it is granted. She said the.office usu-
ally communicates with law enforcement
about which cases should be granted a
deferred sentence.
Informal plea agreement with defendant
Cases are (not too often) dismissed
based on an informal plea agreement
with a defendant.
Involve a juvenile
Some cases are dismissed and some
just appear to have been dismissed be-
cause they involve a juvenile - either as
the defendant or vitlm.Hme of these
dismissed cases might tlIn be re-filed
in juvenile court. The case is then sealed
and must remain confidential according to
Wyoming statutes.
Mickelson said there are other advan-
tages to re-filing some cases in juvenile
court because it is a part of district court,
which allows the Department of Family
Services to get involved. DFS can serve
as a probation officer in the case of a ju-
venile delinquent or as a case planner if
the juvenile is a possible victim. DFS can
also provide counseling and substance
abuse help for family members and coor-
dination with schools.
If a case is filed (or dismissed in circuit
court then re-filed) in juvenile court, of-
ficials may not confirm nor deny the exis-
tence of the case.
"The case may be dismissed, but that
doesn't mean there's not something else
going on with it," Mickelson said.
Evidentiary materials not submitted on
time
A case could be dismissed if the county
attorney's office doesn't submit evidentia-
ry materials to the defense on the court's
timeline, Mickelson said.
Missing facts
Prosecutors dismiss some cases be-
cause they are missing the facts needed
to prove each element required for a con-
viction (that the crime occurred, that the
defendant committed the crime, time and
place).
The county attorney's office has 180 days
after the arraignment to prosecute the
case.
Facts aren't there for conviction
Sometimes the facts just aren't there,
Mickelson said. If a law enforcement offi-
cer submits a case that doesn't look like it
has sufficient evidence to gain a convic-
tion, the county attomey's office will dis-
miss the case, sometimes with the stated
reason of "choosing not to prosecute at
this time."
If the case is dismissed without prejudice,
it can be re-filed at a later date. Because
Wyoming has no statute of limitations
on how long a criminal case dismissed
without prejudice may be eligible to be re-
filed, prosecutors may choose to do so in
the future if more evidence is presented.
Friends of the Basin Libra W
'00krt From The Heart"
FUNDRA1SER
Corningin February
Artists please start thinking now about the art you
would like to showcase and sell. Art must be framed
and matted, lfyou have any questions please
contact Lisa Chestnut or Barbara Anne Greene.
Contact the Ubrary for details at 568-2388
Sat., Feb. 20
6-9 p.m.
v -%-'-' Greybull Elks Club
Tickets $20 at Greybull Chamber, Pr0bst and B & S Volunteers
t"arts Sun., Jan. 31, 1 pin
.Ei Everyone welcome, com eoutand hav esomefun.
lships "f -a
on ormail'pa_ymen, to I
ILl 1 I Rod Gun Club,
B 221, Lovell, WY 82431 I
. .....................................................
