Judge rejects plea agreement

 

February 13, 2020



After a defendant told the court he didn’t know he could face his accuser, District Judge James Manley rejected a plea agreement and stated the court would set a trial date in the near future.

Defendant Eric Malchow had entered into an Alford plea agreement with public defender Kirk Krutilla, in which he did not admit guilt, but felt the evidence presented in trial could result in a guilty verdict. He stands accused of two counts of sexual assault, both felonies, in which the victims were less than 16 years old, and one count of felony intimidation. The alleged abuse took place in the summer of 2018.

Responding to the Alford declaration, Judge Manley said he was troubled. “He takes no responsibility (for his actions) and wants the charges dropped. He shows no remorse,” Manley told the court. He went on to add that these attitudes suggest a person who could continue to offend. “Frankly, I don’t believe you,” he said to Malchow.

Manley went on to say that if the defendant returns to the court for violating the sentence, “it’s not going to go well for you. You won’t like where you’re going to live.”

“I’m not guilty of the allegations,” Malchow then said, “and I don’t have the right to face my accusers.”

Manley stated if the defendant believes that, he (Manley) couldn’t accept the plea agreement.

Krutilla explained the implications of the Alford Plea and the “substantial” chance of finding his client guilty.

Manley then directed some questions to the defendant based on allegations in the charging document, which alleged inappropriate behavior. “I find this information hard to understand,” he said after the defendant again denied any wrongdoing.

“You have the right to face your accuser and cross examine,” said Manley. He then explained that an interview of the alleged victim could be viewed on a private video feed, even if he couldn’t be in the room at the time.

After Malchow acted surprised by this information, Manley declared the plea agreement “uninformed” and unacceptable and entered a not guilty plea for the defendant and said a new trial date would be set.

The defendant is free on bail.

Charged with one count of criminal possession of dangerous drugs, defendant Jennifer Flemmer offered a guilty plea in open court and faces a possible penalty of up to five years of incarceration and a $50,000 fine.

Judge Manley set sentencing for March 10, but that could change if Flemmer is accepted into a treatment program.

Manley told the court a new program in Columbia Falls called Glacier Hope appears to have good success in drug behavior rehab and he suggested that may be an option.

County Attorney Naomi Leisz said she was aware of that program and would look into it.

A plea agreement for Colleen West was deemed unacceptable by Manley after it called for two years of probation.

West had entered a guilty plea to criminal possession of dangerous drugs.

Manley suggested he wanted to see the defendant enter into a treatment program and said it one could be successfully completed, he could put off sentencing until that time.

“We have to break the route you’re on,” he told the defendant. Public Defender Krutilla said his client had to have some surgery before treatment and should be able to enter the Rimrock program in early March.

Manley then expressed concern for the living conditions for West until that time. He wanted to make sure she was in a sober environment.

Krutilla and West assured the court that would be the case and added that West was wearing a drug patch and would continue to do so. Judge Manley then told the defendant, “this is an opportunity for you, I hope you don’t blow it. You’re at a real crossroads.”

He then set the next court appearance for March 10, which could be vacated if the defendant is in treatment.

County Attorney Leisz set conditions for West’s interim behavior before she was released on her continued own recognizance. The rules included constant contact with her attorney, obeying all laws and successful completion of a treatment program.

 

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