The case against a 43-year-old woman accused of eight crimes in an alleged 2008 Halloween night drunken rampage is back on track following the woman's release earlier this week from a state mental hospital.
At a status hearing Tuesday in Blaine County 5th District Court, Judge John K Butler allowed the release of Lori Monique Ely from commitment to the Idaho Department of Health and Welfare. Butler quoted a report from Nels Sather, a clinical psychologist at State Hospital South in Blackfoot, stating that Ely is now "cognizant to proceed in this matter."
Butler ordered Ely committed to Health and Welfare evaluation and care in November when he determined following a competency hearing that she was unable to assist with her defense in the pending criminal case against her.
Ely, formerly known as Lori Brutsche-Ely, is a former Blaine County resident who now lives in Twin Falls. She was charged with eight crimes, five of them felonies, following disturbances on the evening of Oct. 31, 2008, at The Mint nightclub in Hailey and early the following morning at the Blaine County jail.
Ely was charged with misdemeanor indecent exposure for allegedly taking off her clothes on the sidewalk in front of The Mint and with misdemeanor battery for allegedly kicking Mint bouncer Mike Kimball in the groin. She was charged with two felony counts of battery on a police officer for allegedly striking and kicking Hailey officer Shelly Pharis.
According to police reports, Ely's alleged misconduct continued at the jail. She was charged with felony injury to a jail for allegedly damaging an overhead sprinkler, causing the cell to flood, and with two more felony counts of battery on officers for allegedly slapping and pulling jailer Laura Bowling's hair and for allegedly biting Lt. Curtis Miller on the shoulder.
Finally, Ely was charged with misdemeanor injury to property for allegedly pulling and breaking two chains from Miller's neck.
Last February, Judge Barry Wood, who was assigned to the case prior to his retirement, denied Ely's request to go "pro se" and represent herself. However, Wood provided Ely with a new public defender, allowing Hailey attorney Douglas Werth to withdraw from the case and assigning it instead to Ketchum attorney Dan Dolan.
Butler, who took over the case last summer, ordered a mental evaluation of Ely in July after concerns were raised by Dolan about her ability to assist with her own defense at trial, which had been scheduled to start that month.
Butler ordered the Health and Welfare commitment following testimony on Nov. 3 from James Tyson, a Twin Falls psychologist who evaluated Ely.
According to court minutes from the hearing, Tyson testified that Ely was "not heeding the recommendations" of her attorney and believed that he was involved in a "conspiracy" to convict her, that she did not understand the evidence against her and that she suffered from "paranoia" and "thinking errors" that would "seriously jeopardize her trial."
At Tuesday's hearing, Butler scheduled a new trial for March 10 and admonished Ely to adhere to the conditions of her release from custody, including showing up for daily alcohol breath tests.
"The implication of that order, Ms. Ely, is that you're not to consume alcohol in any form," Butler said.
Terry Smith: tsmith@mtexpress.com
Lori Monique Ely
