Friday, April 10, 2009

Judge gives felons chance at rehabilitation

Wood releases car thief for deportation to Mexico


By TERRY SMITH
Express Staff Writer

Judge Barry Wood gave three convicted felons a chance at rehabilitation in Blaine County 5th District Court proceedings Tuesday but ordered that another defendant can be released from custody as long as he is deported to Mexico and doesn't return.

Wood, who is presiding judge for the majority of Blaine County felony cases, convenes court in Hailey typically every other Tuesday afternoon. He has the majority of cases in the county now because of blanket disqualifications filed since last November by the Blaine County Prosecuting Attorney's Office against Judge Robert J. Elgee.

Wood ordered "retained jurisdiction" for the three felons. The term means that rather than going directly to prison the men will be given a 180-day chance for rehabilitation at the Idaho Department of Correction North Idaho Correctional Institution in Cottonwood. If the Department of Correction deems the men rehabilitated, then they are typically returned to the sentencing court and placed on probation. If they fail to meet Department of Correction requirements, an alternative prison sentence is typically imposed.

Scott R. Nicholson
Scott R. Nicholson, a 33-year-old Ketchum man who has been imprisoned before, was given retained jurisdiction after court testimony indicated that Nicholson is trying to change his life for the better. Nicholson was convicted of possession of methamphetamine with a sentence enhancement for being a "persistent violator."

Deputy Prosecuting Attorney Matt Fredback said Nicholson had been convicted of four felonies in Blaine County and had spent much of his adult life behind bars.

"I don't think there are any options with him but to warehouse him to prison," Fredback said. "There is a high probability that he will reoffend. I think Mr. Nicholson needs to be sent back to the penitentiary and he needs to be kept there for a long time."

Nicholson told the court: "I'm determined to change my life and do things differently. You will not, your honor, regret your decision if you let me continue with my recovery."

Wood sentenced Nicholson to a suspended 18-year prison term that can be reinstated if Nicholson fails at Cottonwood. Nicholson would be required to spend five years in prison before he would be eligible for parole.

"If I get a report back that there is any violation at all, I will revoke jurisdiction," Wood said.

"If it doesn't work, where are you going to go?" the judge asked the defendant.

"I'm going to be warehoused for a long time," Nicholson replied.

Anthony M. Lanni
Anthony M. Lanni, a 44-year-old Sun Valley man, was given retained jurisdiction for a third domestic violence conviction within 15 years.

"I do want to change my life," Lanni told the court.

Fredback agreed in Lanni's case that treatment and counseling might be the best alternative for the defendant.

"He has an extremely long criminal history, but this is his first felony conviction," Fredback said. "It appears that Mr. Lanni has some serious mental-health issues."

Lanni's wife told the court that her husband was off his medication at the time he battered her and that she would like to try to work out her problems with him to save the marriage.

Wood sentenced Lanni to an alternative five years in prison that can be imposed if rehabilitation fails. Lanni would be required to serve three years before parole eligibility.

George E. Hulbert Jr.
George E. Hulbert Jr., a 20-year-old Sun Valley man, was given retained jurisdiction for possession of methamphetamine. The sentence was based on an agreement between Fredback and defense attorney Christopher Simms, who both thought Hulbert, a drug court dropout, deserved another chance at rehabilitation.

If Hulbert fails at Cottonwood, a five-year prison sentence can be imposed, the judge said. Hulbert would be required to serve three years behind bars before parole eligibility.

Bruce A. Lopez
Bruce A. Lopez, an 18-year-old illegal immigrant, was sentenced to the 133 days he's already spent in jail. Wood made the sentence conditional on Lopez being deported to Mexico.

If he's not, or if he ever returns to the United States, legally or illegally, the judge imposed an alternative 10-year prison sentence, with five years to be served before parole eligibility.

Lopez was convicted of one felony count of burglary and one misdemeanor count of taking a vehicle without the owner's consent. He was originally arrested on multiple charges for allegedly stealing vehicles and pilfering their contents. One of the vehicles, a Blaine County Senior Connection van, was found wrecked in Colorado Gulch.

David Orr
David Gary Kennedy Orr, a 22-year-old Bellevue man, pleaded guilty to felony injury to a child. He was originally charged with statutory rape for allegedly impregnating a 16-year-old girl.

In accord with a plea agreement, the prosecuting attorney's office will recommend that Orr be sentenced to retained jurisdiction.

If rehabilitation fails, Fredback said the prosecutor's office will recommend a five-year prison sentence with three years to be served before parole eligibility.

Orr admitted during the hearing that he "had sexual intercourse" with the girl.

Sentencing was scheduled for June 16.

Terry Smith: tsmith@mtexpress.com




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