By John Dowd 

Judge dismisses homicide charge

 


A judge on Tuesday dismissed a case against a Kalispell woman. Flathead County District Court Judge Amy Eddy dismissed the deliberate homicide charge against Rachel Bellesen. with prejudice, meaning charges cannot be brought against her again.

She was charged last year after admitting to fatally shooting her ex-husband, Jacob Glace, outside Paradise on Oct. 8, 2020.

Bellesen appeared in the Sanders County Courthouse on Tuesday with her attorneys, including Lance Jasper, who filed the motion to dismiss in April 2021.

In her decision, Judge Eddy stated there was prejudice by the prosecution although she also found that there was a long history between the defendant and the victim to consider.

The defense argued that the case was a sexual assault and attempted rape and that Bellesen was defending herself. They stated they did not want to see her tried again later when she would not have the ability to defend herself as evidence could go stale.

Jasper stated Tuesday that they had 10 people working pro bono as a team for Bellesen. He said that the changes of having a team like that again in the future were unlikely, and the cost to Bellesen would be upward of $500,000. The defense stated there were two cases that they were aware of that bring the Sanders County Attorney's office into question. One case in particular, Jasper said, was another self-defense case that was recharged three times.

Prosecutor Chris McConnell with the state Department of Justice, on Tuesday stated the state lacked sufficient evidence to meet the burden of proof. McConnell told the judge he supported dismissing without prejudice because prosecutors believed the defense had no argument against a speedy trial or anything to base a dismissal with prejudice.

 

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