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November 10, 2011 I The Lovell Chronicle I 5
Tilley convictions upheld
Wyoming Supreme Court
BY KARLA POMEROY
The Wyoming Supreme
Court Tuesday upheld the
seven felony counts against
former Big Horn County res-
ident Marvin Tilley.
Tilley was convicted on
six counts of sexual assault
committed years ago against
four different victims and one
count of aggravated burglary
against one of the victims.
According to the Court's
opinion, "Mr. Tilley presents
the following issue, phrased
as a statement: The State
failed to present sufficient
evidence during the trial to
prove the essential elements
of the crimes which would
cause the jury to find guilt
beyond a reasonable doubt.
The State phrases the is-
sue as: Did the State present
sufficient evidence at Tilley's
trial for the jury to find him
guilty beyond a reasonable
doubt of all sexual assault
charges and of aggravated
burglary?"
Under the standard for
review, the court wrote, "This
Court applies the following
standard of review to claims
that the evidence was insuf-
ficient to support a criminal
conviction:
"[W]e examine and ac-
cept as true the State's evi-
dence and all reasonable in-
ferences which can be drawn
from it. We do not consider
conflicting evidence present-
ed by the defendant. We do
not substitute our judgment
for that of the jury; rather,
we determine whether a jury
could have reasonably con-
cluded each of the elements
of the crime was proven be-
yond a reasonable doubt.
This standard applies wheth-
er the supporting evidence is
direct or circumstantial."
Tilley claimed that, be-
cause the victims were un-
able to name a precise date
for the crimes, the evidence
was insufficient to convict
him. The court wrote, "We
want to be clear that Mr. Til-
ley does not challenge the
charging documents as fail-
ing to give him fair notice of
the charges against him." In
another case the court wrote,
'%Ve have said that where the
specific date is not a require-
ment of the crime, alleging a
general time period in lieu of
a specific date is sufficient to
give a defendant notice and
allow him to adequately pre-
pare a defense." This rule has
largely been applied in child
sexual assault cases because
children cannot be expected
to remember exact dates and
times.
In this case, the court
wrote, "all of the victims ex-
cept MKJ were minors at the
time of the assaults; conse-
quently, even if Mr. Tilley
had challenged the sufficien-
cy of the charging documents
on the basis of indefiniteness
of the date of the assaults,
his challenge likely would
not have been successful. In
view of the fact that he also
does not challenge the lack
of specificity of the informa-
tion charging him with sexu-
al assault of MKJ, who was
not a minor, and burglary of
her residence, we do not need
to determine whether those
charges were suitably pre-
cise or not.
"Mr. Tilley also argues,
in general, that the fact the
crimes occurred so long ago
and were not reported or
prosecuted earlier "should in
and of itself [have] brought
a serious question of guilt
beyond a reasonable doubt
to the trier of fact -- the
jury." Wyoming has no stat-
ute of limitations on sexual
assault, or any crimes, for
that matter. Mr. Tilley does
not claim that his due pro-
cess rights were violated by
the delay in prosecuting him;
consequently, the question
turns on the credibility of the
witnesses and their memo-
ries. As we explained in Fort-
ner v. State, 843 P.2d 1139,
1143 (Wyo. 1992): 'Delay is
a two-edged sword. It is the
Government that bears the
burden of proving its case be-
yond a reasonable doubt. The
passage of time may make
it difficult or impossible for
the Government to carry this
burden."
In affirming the convic-
tions, the court wrote, "The
jury also convicted Mr. Til-
ley of first degree rape and
immoral acts with a child in-
volving victim, GB, and two
counts of immoral acts with
a child for incidents involv-
ing victim, SIC Although
Mr. Tilley argues gener-
ally that the victims' testi-
mony was imprecise as to
the dates of the assaults, he
does not examine the trial
evidence and/or explain with
specificity how it was inade-
quate. Thus, we will not fur-
ther address his vague al-
legations that the evidence
as to the dates of the crimes
was insufficient ... The only
other argument he makes is
that GB's and SK's testimo-
ny was uncorroborated and,
because he testified and spe-
cifically denied the charges,
there was reasonable doubt
as to his guilt. Wyoming
law specifically states: "Cor-
roboration of a victim's testi-
mony is not necessary to ob-
tain a conviction for sexual
assault." Wyo. Star. Ann. §
6-2-311 (LexisNexis 2011). It
was the jurors' task to weigh
the evidence and determine
whether they found the vic-
tims or Mr. Tilley more cred-
ible. The jury obviously ac-
cepted the victims' testimony
over Mr. Tilley's and there is
no basis for us to question its
decision."
Regarding other counts,
the Court wrote, "The evi-
dence was clearly sufficient
to support Mr. Tilley's con-
victions for aggravated bur-
glary and first degree sexual
assault of MKJ."
Police Report
Beware of scums that ask for
personal information
The Lovell Police De-
partment received the fol-
lowing calls for the week of
Oct. 31 -Nov. 7:
Nov. 1: A resident of Lovell
asked police to investigate
a report of possible identity
theft. The resident had re-
ceived a notice in the mail
from an out of state bank
denying a loan application
that he had not applied for.
Upon investigation of the in-
cident, it was unclear to po-
lice if it was a scum trying
to solicit personal informa-
tion or if the person's stolen
information was already be-
ing used to take out a loan
in the person's name. Lovell
Police Chief Nick Lewis cau-
tions residents not to give
out personal information to
an unknown party even if
that party says they are in-
vestigating the possible theft
of personal information be-
cause this is a very common
seam.
Officers investigated a cit-
izen report of a reckless
driving incident that oc-
curred in Lovell. Lovell
police responded but were
unable to track down the
driver.
Nov. 2: A Lovell resident
called to report a person she
believed was following her
daughter. Upon investiga-
tion, officers were able to
identify the person and the
person was known to author-
ities.
Nov. 3: An employee of the
Maverik gas station reported
that a vehicle drove off with-
out paying for gas. The mat-
ter is under investigation.
Nov. 5: A Lovell resident
called to report two beet
trucks parked in an alley
that were blocking traffic.
The drivers were asked to
move the trucks.
Nov. 6: A resident of Lovell
called to report an unau-
thorized person in his apart-
ment. The person was gone
when officers arrived at the
scene. The matter is under
investigation.
Officers issued numer-
ous warning letters this
week asking residents to
abate weeds and remove
junk vehicles in compliance
with the town of Lovell ordi-
nance.
Powell Valley Healthcare welcomes
Dr. Karla Wagner
Dr. Karla Wagner has joined the medical staff at Powell Valley
Healthcare. She brings seventeen years of experience in OB/GYN
medical practice. Dr. Wagner grew up an Ohioan and completed
her bachelor's degree with honors at Adrian College in Adrian,
Michigan. She completed medical school at the University of
Toledo Medical College in Toledo, Ohio. Dr. Wagner completed her
residency at Stamford Hospital in Stamford, Connecticut. She is an
American Board of Obstetrics and Gynecology Diplomatc and has
also served as a clinical preceptor for WWAMI students through the
University of Washington School of Medicine.
Climate Almanac Normals for 11/10 to 11/14
Recreation Outlook
Dr. Karla Wagner
OB/GYN
As an OB/GYN specialist, Dr. Wagner has trained and worked with
Dr. Roger Brecheen in performing minimally invasive gynecologic
surgery and she and Dr. Brecheen together will provide full-time
OB/GYN care at PVHC. Prior to coming to Powell, she
maintained a very busy practice in
Lander for the past seventeen years.
In addition to helping moms with delivering babies, Dr. Wagner
has a solid medical interest in promoting wellness and performing
surgical procedures. In her free time, she and her husband, Chuck,
enjoy the outdoors - cycling, fly fishing, backpacking, backcountry
skiing & snowboarding and spending time at their cabin. They also
enjoy their two pets, a cat and a dog.
Powql! Valley
Heaitiacare
Compassionate Quality Care
On the record in
Big Horn County
BIRTHS
We are interested in printing the births of
NorthBig Horn County babies. Please call
and personally report these births by con-
tacting the Chronicle at 548-2217.
Born to Jennifer and Benjamin Shidler of Ther-
mopolis at Washakie Medical Center in
Worland on October 21, 2011 at 9:26 p.m.,
a baby girl, Halley Allegra Shidler, weigh-
ing 7 Ibs. 11 oz. Grandparents are Jerry
and Peggy White of Lovell, and Warren and
Sheila Shidler of Cowley. Great-grandpar-
ents are Helen White of Lovell, David Hin-
ton of Missoula, Mont. and Rite Morris of
Buffalo.
DEEDS
Warranty deeds issued from the Big Horn
County Clerk's office recently were:
Thomas W. Knickerbocker and Tina M. Knick-
erbocker to Lamoine Sorenson; (part) lot 12
Sec. 29 T57N R97W
Doris A. AIIphin, Trustee of the McKay A. and
Doris A. AIIphin Family Living Trust Dated
June 29, 1982 to Edward Earl Ewart and
Mary Alice Ewart; Lovell Original Town
(part) lot 3 Block 28
Helmuth L. Doerr and Ricka E. Doerr to Don-
ald R. Minchow and June R. Minchow;
(part) lot 77A T56N R96W
Donald R. Minchow and June R. Minchow to
Ray S. Heiser; (part) lot 77A T56N R96W
Quitclaim deeds issued from the Big Horn
County Clerk's office recently were:
David M. Frost and Julie A. Frost aka Julie
Anne Frost to David M. Frost and JulieAnne
Frost, as Co-trustees of The Frost Family
Trust Dated July 20, 2010; Lovell Highland
Subdivision lots 14, 15, 16, 17, 18 block 2
MUNICIPAL COURT
Persons fined in the Lovell Municipal Court
before Judge Sylvia Gams recently were:
Joseph Torrance, 51, no seat belt, fined $25
Calvin Thompson, 75, careless driving, fined
$120
Marjorie Brinkerhoff, 52, duty on striking unat-
tended vehicle, fined $220
For speeding in a 20 mph school zone:
Shane R. Loudan, 31, Wetland, 25 mph, fined
$55
Matthew N. Caelwaerts, 34, Longlake, WI, 30
mph, fined $160
Lori Guttke, 19, 29 mph, fined $170
Brad W. Troweil, 36, 29 mph, fined $170
Cameron R. Tirrell, 18, 30 mph, fined $180
Paula J. Hopkin, 55, Greybull, 25 mph, fined
$56
For speeding in a 30 mph zone:
Eric C. Worrell, 31, Tallahassee, FL, 38 mph,
fined $92
Individuals are local residents unless oth-
erwise noted,
CIRCUIT COURT
Persons fined in the Fifth Judicial Circuit
Court in Lovell before Judge Thomas Har-
rington recently were:
Casey R. Pickett, born in 1991, property de-
struction, $1,000 or more, fined $490 ($300
suspended), $2384.50 restitution, 6 months
probation, 1 day in jail
Misti D. Armstrong, born in 1986, careless
driving, fined $540 ($500 suspended), 6
months probation, 90 days in jail (50 sus-
pended)
Cody Leroy Kryger, born in 1988, no child
safety restraint system, fined $50
Rodney H. G!eason, born in 1956, no seat belt,
fined $25
Trestin R. Swiggett, born in 1988, no turn sig-
nal, fined $60
Rowan A. Hartman, born in 1981, load on ve-
hicle missing, fined $60
Jacob D. Arima, born in 1982, fail to display
license plates or permits as required, fined
$6O
Leonard J. Mann, born in 1965, no seat belt,
fined $25
Diana Stanfield, born in 1963, no child safety
restraint system, fined $50; no valid driver's
license, fined $120
For speeding in a 45 mph zone:
Tally T. Wells, born in 1995, 76 mph, fined $230
For speeding in a 65 mph zone:
Hiroyuki Yamada, born in 1968, 76 mph, fined
$73
John R. Hendrickson, born in 1985, 82 mph,
fined $95
Irma J. Spencer, born in 1958, 74 mph, fined
$67
Casey E. Ellis, born in 1992, 78 mph, fined $89
Daniel L. Crevier, born in 1986, 81 mph, fined
$98
Lazaro Mendez, born in 1978, 80 mph, fined
$85
Douglas C. Kilgren, born in 1957, 75 mph,
fined $70
Raymond D. Koplin, born in 1983, 75 mph,
fined $70
Dick L. Searle, born in 1968, 75 mph, fined $70
Scott E. Dowell, born in 1963, 80 mph, fined
$85
Darwin K. Rowton, born in 1968, 78 mph, fined
$84
Nicholas J. Sponsel, born in 1986, 76 mph,
fined $78
Sheriff's report
Cars, spray painted, by
vandals in Byron
The Big Horn County
Sheriffs Office received the
following calls for the week
of Oct. 31-Nov. 7:
Nov. 2: A resident of Fran-
nie reported that he re-
ceived a call asking him to
send over $3,000 through
Western Union to bail his
grandson out of jail in the
Dominican Republic. The
sheriff warned the resident
that this is a common scum.
No personal information or
money was released.
w'A resident of Frannie
called the Sheriffs office
to report that she had
been receiving harassing
text messages from a rel-
ative. The matter is un-
der investigation.
Nov. 3: A resident of Byron
called to report that three
juveniles spray painted cars
on his property. The matter
is under investigation.
Nov. 4: A resident of Cowley
called to report that some-
one egged her car near the
laundromat. The matter is
under investigation.
Nov. 5: A resident of Byron
called to report hearing a
crashing sound. Deputies
responded and it appeared
that a cat had broken a light
bulb causing the crashing
sound.
'Sheriffs deputies were
asked to investigate the
theft of two five-gallon
tanks of gasoline that
were stolen from a Byron
resident. The matter is
under investigation.
Big Horn County Long Range Forecast
Thursday Friday Saturday
Mostly sunny Partly cloudy Mostly cloudy, a
and cool few late snow
showers
43 / 25 46 / 26 43 / 29
-ITII; [el d ill :P.k't O]i 13T:
A weak ridge of high pressure will be over the Rocky Mountain West
through about early Saturday. Look for a cold front to then pass over
the course of the weekend. This will produce cooler temperatures and
areas of light snow showers. Best chance for accumulating snow will
be in the mountains and along the Montana border.
Sunday
Scattered
snow showers
Monday
Partly cloudy
and chilly
39 / 22
viv/:J :(=], [, I[o]lrll r;131:
40/18
".'"<-'. 4Otl20s • ', .....
P'we Lovell , "
,o e • ,..,..p db-i
Cody ....
"%.40S / 20S Basin . ,
Lovell Greybull -, • 50s / ',
Record High/Low 74 in 1937, -20 in 1959 Record High/t.ow 7! in 1999. 13 in 2000 ,..
00" ., .. Wetland ".
Record 24hr. Precip, 0.39" in 1974 Record 24hr, Precip. 0,50" in 1985 . . 40e 1208
Jet Stream Forecast for 11/14 Sunrise & Sunset ". i "' ;T: • .. ..
Sunrise Sunset , '%**, %. , Thermolaoll#d.-.. ,
Friday 7:01 AM 4:54 PM
(' Sunday 7:03 AM 4:52 PM
MCrctay i 75i 6i
National Weather Service Forecasts:
http://www.crh,noaa.gov/riw/index.htm
Big Horn Lake - Increasing clouds and developing light
" - • e . s .. snow showers on Saturday. Sunday looks to be a little
colder with light snow.
River Basin River Basin
Yellowstone National Park- Snow showers may develop
Shoshone River 81% of normal Upper Yellowstone River 83% of normal late Friday with light to moderate snow looking likely on
e " 5rc#ma adw)t$ Saturday and Sunday.
Road and Travel - (1-888-996-7623) or (307) 772-0824; Cellular: #ROAD Big Horn Mountains - Light snow showers and small
Road and Travel on the web- httlp-J/wydotweb.state.wy.ue/eb/'nlghway/text_road.html accumulations will begin to develop on Saturday.
..... ,,,,,,. y: DayWeather, Inc. Cheyenne. WY 82001 Sunday looks to be cold with light snow.
www.dsyweather.com
WEATHER RN :
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Big Horn County Forecast sponsored by
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