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November 10, 2011     Lovell Chronicle
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www. LovellChronicle.com 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&apos;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 : iiiiiiiiiii!!iiii iliiii!iiii!iiiiii!i!!i!ii!!!i!!i!!ii!i!ii!i!!i,iii:!i!!!!!!!i!i!! NOV. :: Nov. S : : e : g Big Horn County Forecast sponsored by Firs00 o00"Wyoming Where YOU are FIRST/