Courts

Stories by Jeff Smith of Anderson Broadcasting for the Valley Journal

Breese pleads guilty to impersonation

POLSON — A sentencing date of Oct. 13 has been set for a Polson man, formerly of New Jersey, who interfered with fire crews working the 2021 Boulder 2700 fire by impersonating a firefighter.

Donald Stephen Breese, 49, entered a plea of guilty at District Court in Polson on July 28 to felony impersonating a public servant and misdemeanor obstructing charges.

Breese’s attorney Scott Hilderman of Kalispell initially told Judge Deborah “Kim” Christopher that his client intended to enter a “no contest” plea, but the judge said that is not good enough and wanted Breese to admit what he did, thus the guilty plea was entered.

According to charging documents, on Aug. 1, 2021, a Lake County Sheriff’s deputy responded to a report of someone impersonating a firefighter at the Finley Point Fire Hall. Witnesses told the deputy that a man, later identified as Breese, drove to the fire hall wearing green Nomex pants, a shirt bearing the Missoula Fire Lab insignia and portable radio equipped with a harness. At one point the man claimed to be incident commander and head of the forest service.

The man was able to gain access to the fire area during the early stages of the fire as homes were being destroyed.

It was later determined that Breese was not with the Missoula Fire Lab nor a part of any other fire agency.

Deputies with the Lake County Sheriff’s office executed a search warrant at Breese’s Polson residence on Aug. 4, 2021, and located the Nomex pants, and other firefighting gear. Photos taken in the early stages of the Boulder 2700 fire were also recovered from the home.

This is not the first time Breese has lied about his background. According to a story published Sept. 15, 2010, by The Star Ledger, Breese got a job “overseeing safety and explosive operations while passing himself off as a combat veteran and member of an elite group of military experts trained to disarm and dispose of bombs” at two military installations in New Jersey. He was convicted of falsifying his resume to get that job according to that published article. The article also indicated that Breese was given three years of supervised release after having served four months in prison.

Lake County Attorney James Lapokta said the plea agreement for the Lake County case calls for Breese writing an apology letter to those affected by his actions, undergoing a mental health evaluation and a three-year commitment to the Montana Department of Corrections, all suspended. Judge Christopher is not bound by the agreement.

Wall pleads not guilty to seventh DUI

POLSON — A Polson woman accused of committing felony DUI number seven while felony DUI number six was pending could face a maximum penalty of 25 years in prison and a $10,000 fine. Marcia Rose Wall, 58, entered a plea of not guilty at District Court in Polson on July 27 to felony DUI fourth or subsequent.

According to court records, on April 8, an employee of the Polson Liquor Store reported to law enforcement that an intoxicated woman had just left the store in a Toyota Rav4. Polson Police located the Toyota Rav4 a short distance away and initiated a traffic stop. Officers identified Wall as the driver. The bumper of the Toyota Rav4 was pressed up against the bumper of the vehicle in front of it. The officers could see a bottle of vodka on the floor in the back of the vehicle and a box of wine on the back seat. The court records didn’t cite a blood alcohol content. Court records show that Wall has five prior convictions for DUI with a sixth pending. The sixth DUI stems from a traffic stop on U. S. Highway 93 between Ravalli and St. Ignatius on Jan. 29. The traffic stop was prompted by reports of a Toyota Rav4 driving erratically. Wall’s blood alcohol content on that day was recorded at .274.

Judge Molly Owen set this most recent DUI for trial on Jan. 3, 2023. The other DUI is before Judge John Larson of Missoula with a trial date of Nov. 21.

Under new sentencing laws the maximum penalty could total up to 25 years in the Montana State Women’s Prison and a fine no less than $5,000 and no more than $10,000.

McLeod pleads not guilty to exploitation

POLSON — A St. Ignatius woman is accused of stealing funds from a person in her care. Terry Lee McLeod, 60, entered a plea of not guilty at District Court in Polson on July 27 to felony exploitation of an elder or disabled person.

According to court records, McLeod held the position of power of attorney for a man in his 90’s placed in an assisted living center in Hot Springs in June of 2021. An investigation into the man’s finances was launched after McLeod wrote a check to the assisted living center that bounced. The investigation showed the man had enough retirement income to cover the coast of his care at the center. The investigation also showed that between June 25, 2021 and April 18, 2022 approximately $4,350.62 in checks were written from the man’s account to various businesses in Lake County that had nothing to do with the man’s care. When questioned by Detective Erwin Lobdell with the Lake County Sheriff’s Office, McLeod allegedly admitted to spending “a little of the money.” McLeod changed the amount of money she allegedly spent several times.

Judge Molly Owen set a trial date of Jan. 3, 2023. McLeod remains at liberty.

Ruling says 18-year-olds must be allowed to access their ballots

News from Rylee Sommers-Flanagan, Upper Seven Law

BILLINGS — Judge Moses of the Thirteenth Judicial District Court held Wednesday that House Bill 506, which restricts ballot access for voters who turn 18 in the month before Election Day, violates the Montana Constitution.

Youth plaintiff groups, Montana Youth Action, Forward Montana Foundation, and Montana Public Interest Research Group (MontPIRG) challenged this bill and two others last fall, alleging that the Montana Legislature had discriminated against the youngest members of the electorate. These bills weave a web of administrative challenges that deter and sometimes prevent young people from voting, denying the newest members of the electorate the systems they rely on for streamlined ballot access and election navigation.

Now one of these laws is declared unconstitutional and permanently enjoined. Even though the Legislature considered a nondiscriminatory version of the bill, the version that ultimately passed prevented election administrators from distributing ballots to young people until their 18th birthdays, even though they were qualified and eligible to vote just like any older Montanan. In other words, the bill made voting more difficult for newly 18-yearolds, but for no one else. The plaintiffs said this restriction violated the Montana Constitution’s right to suffrage, right to equal protection, and the guarantee that minors have equal access to all fundamental rights.

The Court agreed, writing: “The version of HB 506 that the Legislature ultimately passed arbitrarily subjects a subgroup of the electorate to different requirements and irrationally forecloses an avenue of voting available to all others in the electorate.”

The plaintiffs are represented in their ongoing suit by Rylee Sommers-Flanagan and Niki Zupanic of Upper Seven Law and by Ryan Aikin of Aikin Law Office.

“We are proud of the decision today,” said Scout McMahon, Initiatives Chair of Montana Youth Action. “It’s incredible to be part of the team that stopped an unconstitutional law from making it more difficult for young people to exercise their right to vote.”

“Young people’s participation in democracy is essential. Today, the Court affirmed what we already knew: restricting access to the ballot is an obvious wrong,” said Kiersten Iwai, Executive Director at Forward Montana Foundation. “Now, our newest voters can get involved at the earliest possible opportunity because they will have the same level of access to the ballot as all other Montanans. And that’s just what makes sense.”

“By restricting new voters’ access to their ballots, the legislature attempted to undermine fundamental principles of our democracy, and they did so in violation of the Montana Constitution,” said Hunter Losing, Executive Director of MontPIRG. “The Court’s decision does justice for all Montana voters.”

“It’s incredible to be part of the team that stopped an unconstitutional law from making it more difficult for young people to exercise their right to vote.”

- Scout McMahon, Montana Youth Action Initiatives Chair

Ready to Play? Well Child Checks are important throughout childhood, even when your child is healthy. St. Luke incorporates sports physicals into Well Child Checks, allowing students and student athletes a comprehensive visit each year with their trusted primary care doctor.

Well Child Checks are typically covered 100% by insurance

Improving health is important, which is why your child’s physician will also focus on:

• Depression & Mental Health Screening • Development Milestones • Immunizations • Age-Related Health Concerns

If your student completes a Well Child Check with a Sports Physical, St. Luke will donate $25 to their school’s athletic booster club! St. Ignatius (406) 745-2781 Ronan (406) 676-3600 Ridgewater (406) 883-3737 Southshore (406) 883-2555 stlukehealthcare.org

MT 988 Suicide Prevention - Mental Health Crisis Lifeline offers support

News from St. Luke Community Healthcare

MONTANA — Montana’s 988 Suicide Prevention and Mental Health Crisis lifeline provides free and confidential emotional support to people in suicidal crisis or emotional distress, 24 hours a day, seven days a week. across Montana. The MT 988 Suicide & Crisis Lifeline is an effective, life-saving safety net for those experiencing a mental health crisis, especially those with nowhere else to turn.

Connect

All calls to the MT 988 Suicide & Crisis Lifeline are answered by trained workers at three regional call centers around the state. All Montana crisis centers are accredited, provide training for counselors, and disseminate best practices. Local counselors at crisis centers are familiar with community mental health resources that are part of the Montana 211 referral network.

Resources

For more Information on how the MT 988 Suicide & Crisis Lifeline can help you or someone you know who is in crisis, or to find out how to spread the word about MT 988 in your community, go to https://dphhs.mt.gov/suicideprevention/

News from the Department of Public Health and Human Services

MONTANA — Department of Public Health and Human Services (DPHHS) Director Adam Meier announced on July 20 the agency has increased services for Medicaid-eligible youth with autism and other disabilities.

Meier said now Medicaid-eligible youth with autism, Serious Emotional Disturbance (SED), or those eligible for the agency’s Developmental Disabilities Program now have access to what is called Applied Behavioral Analysis (ABA) Services.

Meier said ABA is a type of therapy that can improve social, communication, and learning skills through positive reinforcement.

“Experts consider ABA to be the gold-standard treatment for children with Autism Spectrum Disorder, but it can be used in the treatment of other developmental conditions as well,” Meier said.

This type of therapy is provided by licensed Board Certified Behavior Analysts (BCBAs), Board Certified Assistant Behavior Analysts (BCABAs) and Registered Behavior Technicians (RBTs). There are around 60 BCBAs in Montana. It is estimated that hundreds of Montana youth, up to age 21, could potentially benefit from this change.

“This is exciting news for Montana,” said Candice Maurer, a BCBA with Arrows Behavior Academy in Livingston. “ABA therapy has been proven to help any child decrease maladaptive behavior and increase the teaching of new skills.”

Maurer explained that she’s treated individuals and used ABA to improve communication, develop self-control, self-management, play skills, increase academic proficiency, and build independence.

For example, in recent years, Maurer said she worked with a child to overcome some very difficult physically aggressive behavior and at the same time develop new skills. This was done through a completely non-aversive technique known as ‘Delay, Denial, Tolerance Training’.

“Utilizing this strategy allowed for the child to quickly develop much needed communication skills and without the use of punishment strategies,” Maurer said. “This is a wonderful therapy to use for just about any child who is struggling with problem behavior and especially for children who have been through trauma.”

Mauer elaborated that she is especially excited for the expansion of ABA services to include children with SED diagnosis. “I believe that ABA is an under-utilized intervention for children who fall into his demographic, so I’m very pleased to see Montana now allowing BCBA’s to treat these children,” Mauer said.

DDP Bureau Chief Lindsey Carter said prior to making this change, DPHHS received input from stakeholders highlighting the importance of increasing access to these services. DPHHS worked to identify potential barriers for providers and members, such as restrictions on where the services could be provided and requirements for family members to be present during treatment.

“We conducted an extensive review of the available literature and then surveyed and worked with a stakeholder group of BCBAs to make key changes to the program,” Carter said. “One of the recommendations was regarding the importance of providing more flexibility in clinical decision making to BCBAs so they are able to tailor treatment to the individual and family they are serving.”

Carter said with this increased access to services and improved flexibility, the goal is that more licensed BCBAs will choose to provide services in the state.

Historically these services have only been available to youth with autism. However, this expansion includes additional populations. “This expansion provides an opportunity for individuals who are on our waiting list for DD waiver services access to ABA treatment, which is known to be pivotal in achieving the best outcomes,” Carter said. “It also gives individuals with SED diagnoses another treatment option that has traditionally been unavailable to them. We’re excited this opportunity is now available to many more Montana families.”