WASHINGTON (AP) - MISSING MONTANA TEACHER-TRIAL
Defense in Sherry Arnold case seeks to avoid death
BILLINGS, Mont. (AP) - Defense attorneys are seeking to avoid the death penalty for one of two men charged in the killing of a Montana high school teacher because they say the suspect is mentally disabled.
Twenty-four-year-old Michael Spell of Colorado faces charges including deliberate homicide for the alleged January 2012 kidnapping and murder of Sidney teacher Sherry Arnold.
Defense attorney Al Avignone said Tuesday he's asked the court to rule Spell ineligible for execution under a 2002 U.S. Supreme Court ruling that outlawed capital punishment for the mentally disabled.
Prosecutors have until Aug. 21 to respond to the motion.
Avignone also is seeking to have Spell's 2014 trial moved to Bozeman. He says widespread news coverage of Arnold's killing in the booming Bakken oil patch of Montana and North Dakota has biased potential jurors.
NATIVE AMERICAN LAND
Tribal land buy-back program starting
WASHINGTON (AP) - The Interior Department says it is ready to start a program to help Native American tribes buy parcels of reservation land that have accumulated multiple owners.
The purchases announced Tuesday are part of the settlement of the Cobell lawsuit over government mismanagement of Indian land royalties.
Outgoing Interior deputy secretary David Hayes says purchase offers should begin at the end of the year and speed up in coming years.
The program will start with the Pine Ridge, S.D.; Crow, Mont. and Makah, Wash. reservations and the Sisseton Wahpeton Oyate of South Dakota tribe and involve 10 to 12 tribes by year's end.
Allotting reservation land to individual tribe members, who passed it to heirs, was once a government method for assimilating American Indians. Some parcels now have thousands of owners.
ABUSE-RELIGIOUS ORDER
Catholic religious order opens abuse files
NEW YORK (AP) - A Roman Catholic religious order based in the Midwest is releasing an unusually candid report admitting it failed victims of clergy sex abuse.
The Capuchin Franciscan Province of St. Joseph opened its files going back decades to outside experts. The report released Tuesday found the friars treated many victims with hostility. Until 2004, most of the money the religious order spent on responding to abuse was on defense attorneys, not on help for victims.
The Province of St. Joseph has offices in Detroit and runs a Wisconsin boys' boarding school called St. Lawrence Seminary High School. Abuse at the school became known in the 1990s through reports by the Milwaukee Journal Sentinel. The investigation released Tuesday found more student victims, raising the total from 14 to 28.
DEAD BISON
FWP rules out fever in bison deaths
BOZEMAN, Mont. (AP) - State wildlife officials aren't sure what killed three bison that were found dead in the Yellowstone River, but they know it wasn't a virus spread by domestic sheep.
The Department of Fish, Wildlife and Parks announced Tuesday that tests on two more bison turned up negative for malignant catarrhal fever. The first negative test was announced late last month.
FWP veterinarian Jennifer Ramsey says all three animals found in mid-May showed signs of physical trauma. Two had fractured pelvises and one had crushed ribs. Ramsey says the injuries could have occurred if the animals were swept away when the river was swollen with spring runoff.
The bison were tested out of concern they may have been sickened by a virus after a rancher introduced about 30 domestic sheep to property that borders the Yellowstone River near Gardiner.
ENDANGERED HISTORIC PLACES
AP PHOTOS: Astrodome, JFK terminal endangered
WASHINGTON (AP) - Houston's Astrodome stadium, New York's old Pan Am Worldport Terminal at Kennedy Airport and Montana's one-room schoolhouses are joining a list of the nation's most endangered historic places.
The National Trust for Historic Preservation is releasing its listing of America's 11 Most Endangered Historic Places. It includes sites from Maine to Alaska.
The Astrodome was the world's first domed, air-conditioned stadium and was once called the "eighth wonder of the world." Now it needs a plan for reuse to avoid demolition. At New York's JFK Airport, the flying-saucer-shaped Worldport Terminal helped usher in the jet age in 1960 but has been vacated by Delta Air Lines and faces demolition.
LEWISTOWN DROWNING
Lewistown woman drowns in Big Spring Creek
LEWISTOWN, Mont. (AP) - Fergus County officials say a 37-year-old Lewistown woman drowned at a fishing access on Big Spring Creek.
Coroner Dick Brown said Michele Marlene Hope was being swept away by high water at about 5:30 p.m. Monday.
Lewistown Fire/Rescue says Hope was found within 10 minutes of the first 911 call, but resuscitation efforts were unsuccessful.
DRIVE-THRU DUI
Great Falls woman charged with DUI in drive-thru
(Information in the following story is from: Great Falls Tribune, http://www.greatfallstribune.com)
GREAT FALLS, Mont. (AP) - A Great Falls woman is charged with aggravated DUI after police say she was driving drunk at a fast-food drive-thru with her neighbor's young children in the car.
The Great Falls Tribune reports 43-year-old Stacy Dawn Rattray also was cited Sunday with felony driving under the influence and two counts of endangering the welfare of children. She made an initial appearance in District Court on Monday and was released after posting a $10,000 bond.
Court records say Rattray's blood-alcohol level was 0.277, more than three times the limit of 0.08 in which a person is considered legally drunk.
The girls in her car were 4 and 2. Rattray said they were her neighbor's children, but that she couldn't remember their mother's name. State child protective services was notified.
PEEPING SENTENCE
Man goes to jail for recording teen girls
(Information in the following story is from: Portland Press Herald, http://www.pressherald.com)
PORTLAND, Maine (AP) - A 45-year-old former Maine man who installed hidden video cameras in a home to record unsuspecting teenage girls is going to jail for two years.
Michael Femling apologized Monday and told a judge that installing the camera was "probably the worst decision I've made in my entire life."
Under a plea agreement, he was sentenced to two years in jail, followed by eight years of probation. He'll also have to register as a sex offender for the rest of his life.
The Portland Press Herald says Femling made the video recordings in Westbrook between February 2009 and July 2011, when one of the girls and an adult found hidden cameras and notified police. At the time Femling was living in Westbrook. His latest address is in Montana.
MSU NORTHERN-PROGRAM REVIEW
Northern chancellor wants to drop secondary ed
HAVRE, Mont. (AP) - The chancellor at Montana State University-Northern is recommending that 25 of its programs be ended or placed under moratorium, meaning admission into those programs is temporarily suspended.
Faculty and staff started in September reviewing all 74 programs offered at Northern.
Chancellor James Limbaugh last week recommended growing 19 programs, maintaining 25, reducing or integrating four into other programs and placing a moratorium on or ending 25 programs.
The most debated of the recommendations is ending the secondary education major for students who want to teach high school math, English and science due to decreasing enrollment.
Limbaugh says the review focused on growing areas with increasing interest or job potential, such as the new criminal justice degree, nursing, civil technology and the diesel, automotive and farm technology programs.
COAL TRAINS
Army Corps. won't do overall study of coal exports
SEATTLE (AP) - An official with the Army Corps of Engineers told a Congressional committee Tuesday it doesn't plan a broad environmental study on exporting coal from the Western United States.
Environmentalists and elected officials in Washington, Oregon and Montana have called on the federal government to look at the cumulative effects of shipping millions of tons of coal via train from Montana and Wyoming to ports on the West Coast.
They worry about increased pollution from coal dust, traffic congestion and climate change impacts from burning the fuel.
The agency previously decided to do more limited studies at two ports in Washington state: Gateway Pacific Terminal near Bellingham and Millennium Bulk Terminal at Longview. Federal officials have not decided whether to do a study on a terminal at Port of Morrow, Ore.
TESTER-CONSTITUTIONAL AMENDMENT
Tester seeks constitutional change on corporations
HELENA, Mont. (AP) — U.S. Sen. Jon Tester is proposing a longshot constitutional amendment aimed at limiting rights of corporations to spend in elections.
The senator's office said Tuesday that the proposal to change the U.S. Constitution is a response to last year's voter-approved initiative. It directed Montana's elected officials to push for such a change and declare that corporations are not people entitled to constitutional rights.
The initiative got on the ballot amid backlash to the U.S. Supreme Court's 2010 Citizens United decision that ruled a ban on corporate spending in elections was an unconstitutional free speech restriction.
Some politically-minded groups have been organizing as corporations, which can face fewer campaign restrictions than traditional campaign operations.
Constitutional amendments require two-thirds support in Congress and ratification by the states.
MSU NORTHERN-PROGRAM REVIEW
Northern chancellor wants to drop secondary ed
HAVRE, Mont. (AP) — The chancellor at Montana State University-Northern is recommending that 25 of its programs be ended or placed under moratorium, meaning admission into those programs is temporarily suspended.
Faculty and staff started in September reviewing all 74 programs offered at Northern.
Chancellor James Limbaugh last week recommended growing 19 programs, maintaining 25, reducing or integrating four into other programs and placing a moratorium on or ending 25 programs.
The most debated of the recommendations is ending the secondary education major for students who want to teach high school math, English and science due to decreasing enrollment.
Limbaugh says the review focused on growing areas with increasing interest or job potential, such as the new criminal justice degree, nursing, civil technology and the diesel, automotive and farm technology programs.
BILLIONAIRE'S BANKRUPTCY-TAXES
$57M Blixseth tax case to resume in July
BILLINGS, Mont. (AP) — Montana tax authorities say a federal court hearing over a $57 million tax dispute with luxury real estate developer Tim Blixseth will resume in July.
Attorneys for Blixseth and the Montana Department of Revenue faced off in a Nevada courtroom last week. The state is trying to force the founder of the ultra-exclusive Yellowstone Club into involuntary bankruptcy.
After two days of hearings with no resolution, state officials say U.S. Bankruptcy Judge Bruce Markell set closing arguments for July 5.
The state claims that Blixseth, a resident of Washington state, owes the taxes on a 2005 loan he diverted from the Yellowstone Club. The club later went bankrupt and is now under new ownership.
Blixseth is seeking to dismiss the case. He maintains he paid what he owed.
DRIVE-THRU DUI
Great Falls woman charged with DUI in drive-thru
(Information in the following story is from: Great Falls Tribune, http://www.greatfallstribune.com)
GREAT FALLS, Mont. (AP) — A Great Falls woman is charged with aggravated DUI after police say she was driving drunk at a fast-food drive-thru with her neighbor's young children in the car.
The Great Falls Tribune reports 43-year-old Stacy Dawn Rattray also was cited Sunday with felony driving under the influence and two counts of endangering the welfare of children. She made an initial appearance in District Court on Monday and was released after posting a $10,000 bond.
Court records say Rattray's blood-alcohol level was 0.277, more than three times the limit of 0.08 in which a person is considered legally drunk.
The girls in her car were 4 and 2. Rattray said they were her neighbor's children, but that she couldn't remember their mother's name. State child protective services was notified.
HIT BY TRAIN
Man dies after being hit by train in East Missoula
EAST MISSOULA, Mont. (AP) — Missoula County officials say a 42-year-old man died after being struck by a freight train in East Missoula.
The man was struck at about 8 p.m. Monday. Sgt. Tony Rio says the man's death has been ruled a suicide.
Sheriff's office spokeswoman Paige Pavalone says the man was believed to be a transient.
The collision temporarily halted eastbound Montana Rail Link freight traffic.
BARRY BEACH
Beach will continue to try to prove innocence
(Information in the following story is from: Great Falls Tribune, http://www.greatfallstribune.com)
DEER LODGE, Mont. (AP) — Montana State Prison inmate Barry Beach says he will continue to fight to prove his innocence in the 1979 killing of Kim Nees of Poplar.
But his efforts will be made from behind bars.
Beach was released from prison in December 2011 after a state judge ordered a new trial in his case. Last month, the Montana Supreme Court overturned that decision.
Beach has asked the Supreme Court to reconsider. The state responded Thursday arguing the decision to deny a new trial is correct.
Retired District Judge E. Wayne Phillips has said he feared he'd done a "soul-wrenching injustice" to Beach in freeing him, only to have him return to prison.
Beach told the Great Falls Tribune he doesn't regret the freedom and opportunity that Judge Phillips gave him.
COAL LEASE
Cloud Peak seeks 198M ton coal lease in Montana
BILLINGS, Mont. (AP) — Federal and state officials will weigh in this week on a Wyoming company's application to lease 198 million tons of coal adjacent to a southeastern Montana mine.
Cloud Peak Energy is seeking to expand its lease at the Spring Creek Mine near Decker by more than 1,600 acres.
Wednesday's initial decision on the application comes on the heels of an Inspector General's report that said the Interior Department is potentially losing tens of millions of dollars by undervaluing coal from public lands.
Environmentalists want a moratorium on new leases. The coal industry says its critics are ignoring billions of dollars in government revenues from mining.
The Bureau of Land Management said Monday that it would be several years before a value was placed on the lease sought by Cloud Peak.
HIGHWAY PATROL-DISPATCH NUMBER
Highway Patrol changes dispatch number
HELENA, Mont. (AP) — The Montana Highway Patrol is changing its toll-free number for non-emergency traffic concerns as it changes its phone service company to save over $81,000 a year.
The new number is 1-855-MHP-3777 or 1-855-647-3777.
The numbers 3-7-77 were the symbol of Montana vigilantes and are included on the MHP patches.
Col. Kenton Hickethier says the patrol's monthly phone bill had risen to nearly $7,575. The new carrier charges are estimated at $800.
Callers to the old MHP dispatch number will hear a recording directing them to dial the new number. The MHP Communications Center is always staffed. Last year, its dispatchers handled over 54,250 calls from around the state asking for assistance with issues ranging from stranded drivers to reports of drunken drivers.
Hickethier emphasized that drivers should still call 911 for emergencies.
EATON EXECUTION
Lawyers for death row inmate explore new defense
CHEYENNE, Wyo. (AP) — A judge has approved medical testing for Wyoming's lone death row inmate to determine whether he should be covered by a federal ban against executing people with intellectual disabilities.
Dale Wayne Eaton is challenging the constitutionality of the state death sentence he received in the 1988 rape and murder of 18-year-old Lisa Marie Kimmell of Billings, Mont.
U.S. District Judge Alan B. Johnson on Monday approved a request from Eaton's lawyers for testing to determine whether he has intellectual disabilities that would preclude putting him to death.
Johnson plans a hearing this summer on Eaton's claim that his original defense team didn't develop "mitigation evidence." Such evidence would have been information about Eaton's past that underscored his humanity to try to convince the jury not to sentence him to death.
WANDERING CAT
Cat missing in Portland being returned to owner
(Information in the following story is from: Independent Record, http://www.helenair.com)
HELENA, Mont. (AP) — A Portland, Ore., man whose cat had been missing since last year will soon be reunited with the well-traveled feline, courtesy of the transient who's been caring for her more than nine months.
Ron Buss says he let his cat "Mata Hairi" out of the house in September. The cat never returned.
Michael King spotted the cat hiding under a table trying to stay out of the pouring rain. He tells the Independent Record that he didn't want a cat, but he picked her up to save her life.
The cat traveled with King to California, back to Portland and then out to Montana, where King's foster father lives. They took the cat to a veterinarian, found a microchip and contacted the owner.