From the Idaho Mountain Express

Judge Robert J. Elgee will review a 15-year-old police report involving the Bowe Bergdahl family before making a decision if the report should be released to Cable News Network.

Arguments regarding release of the report were made Monday afternoon in Blaine County Fifth District Court by CNN attorney Debora K. Kristensen, of the Boise law firm Givens Pursley, and Tim Graves, chief deputy for the Blaine County Prosecuting Attorney’s Office.

Monday’s hearing followed the filing by CNN on June 25 of a lawsuit against Blaine County pertaining to a June 11 CNN formal public records request to the Blaine County Sheriff’s Office for all police reports involving the Bergdahls. In response to the request, Sheriff Gene Ramsey provided CNN with three reports but declined to release a fourth record from 1999, claiming that release would constitute an “unwarranted invasion of personal privacy.”

CNN claims the report is releasable under Idaho Public Records Law, while Blaine County claims that the document is protected by Idaho Code 9-335, a statute pertaining to documents exempt from public disclosure and specifically exempting documents that would “constitute an unwarranted invasion of personal property.”

Elgee, who had not seen the disputed document prior to Monday, was given the report as Exhibit A at the conclusion of the hearing. Elgee’s review of the report for a determination of its possible release came at the request of Graves.

“The record in question is clearly exempt from disclosure,” Graves told the judge. “I’m satisfied the court will see the reason if it reviews the document.

“We ask that you find that the sheriff was justified in not releasing the document.”

Kristensen argued that a police investigative report, once an investigation is finished, is releasable to the public under Idaho law.

“What we are entitled to is non-active investigative records,” she said. “With respect to public documents, the legislature has set rules as to what is releasable and what is not releasable.”

“We the media, the public, are entitled to know what’s going on with their government,” Kristensen said. “The public has the right to know the basis—what happened.”

Bergdahl, a U.S. Army sergeant from Hailey, has received national and international news media attention since his capture in Afghanistan in 2009. News media attention has intensified since his release by Taliban-affiliated forces on May 31.

Ramsey, who did not attend the Monday hearing, told the Idaho Mountain Express earlier that the report in question involved the Bergdahls in an investigation on Nov. 4, 1999. He said no criminal charges were filed as a result of the investigation.

The three reports Ramsey provided to CNN were redacted, with personal information omitted, and involved investigations concerning the Bergdahls in March 1998, January 2013 and August 2013. None of the investigations led to criminal charges against the Bergdahls or anyone else.

Elgee said during the hearing that the case poses a problem for him in that if he declines to release the report it will be difficult for him to explain why he deemed it not releasable. The judge explained that providing a reason for why the report couldn’t be released might in effect disclose what the investigation concerned.

“I have no idea what this record involves,” Elgee said. “These are the things I worry about: If I decide you don’t get the record, how do I write a decision as to why you don’t get the record? How do I write a decision that says I can’t tell you because I can’t tell you?”

Elgee did not say how long it would take before he renders a decision.

From the Idaho Mountain Express

From the Idaho Statesman

Idaho news groups win access to redacted items from the St. Luke’s antitrust trial.

Almost 900: That’s how many witness statements, internal emails, hospital prices and other documents U.S. District Judge B. Lynn Winmill pored over in the past couple of months, sorting out what should be kept secret from what the law requires him to make public. More than 500: That’s how many items Winmill has now ordered to be unsealed by participants in the St. Luke’s health care lawsuit last year. More than 350: That’s how many records he deemed so sensitive that they’ll never see the light of day. The records, to be disclosed within 30 days of last Thursday’s order, will offer a behind-the-scenes look at physician pay, negotiations between Idaho health insurers and Idaho hospitals, the price of medical care at Treasure Valley and Magic Valley hospitals, and internal discussions about bidding wars between hospitals and a “monopoly model.” Winmill declined to order the disclosure of competitive information such as formulas for pinpointing the best location for a Treasure Valley clinic, specific employment offers and salaries, strategy documents or testimony, and records that could harm a doctor’s reputation or reveal personal or medical information. The testimony and documents come from the closely watched lawsuit over St. Luke’s Health System’s purchase of Saltzer Medical Group in Nampa – a buyout that St. Luke’s competitors and state and federal antitrust-enforcement agencies said was illegal. Winmill presided over the trial last year. He concluded that St. Luke’s did break antitrust laws and must undo the deal. St. Luke’s is appealing. But during the trial, Winmill allowed everyone involved in the litigation – plaintiffs Saint Alphonsus Health System and Treasure Valley Hospital, as well as third-party witnesses such as Blue Cross of Idaho – to limit certain documents or testimony to “attorneys’ eyes only,” meaning they weren’t open to the public. Several Idaho news organizations intervened, suing for access to the private courtroom testimony and documents. They included the Idaho Statesman, The Associated Press, the Idaho Press Club, the Idaho Press-Tribune in Nampa, the Times-News in Twin Falls, the Lewiston Tribune and the Moscow-Pullman Daily News. “In large part, the court cannot find compelling reasons to justify maintaining the sealed status for most of the courtroom testimony now under seal,” the judge wrote. Attorney General Lawrence Wasden, who was among those suing St. Luke’s, said his office is reviewing the 70-page order. “But it appears that quite a bit more information will be made available to the public because of this decision,” he said. “We intend to work with the parties to put the ruling into effect.” Winmill said about 120 items may be redacted. In a few cases, just names will be removed. “We think they will probably show what we’ve known all along about charges and other things,” said Treasure Valley Hospital CEO Nick Genna. “We’re comfortable with it and will welcome more information out there for patients and for patient choices on health care. We’re good with all that.” Blue Cross of Idaho was not a plaintiff but was “a very active participant in the trial” and gave information that “was crucial to the court’s decision and to the public’s understanding of the case,” so more of its information will be disclosed, the judge said. “We fully support his decision,” said Blue Cross of Idaho spokesman Josh Jordan. “We’re still reviewing to know exactly what the implication is to Blue Cross of Idaho. … We’re all in favor with providing information to the public. What we don’t want is for competitors to have access to information that would give unfair advantage, because we don’t have that information about them.” St. Luke’s Health System said it is reviewing the order piece by piece. Saint Alphonsus declined to comment. The Lewiston-based lawyer who represented the news organizations said Winmill did “a conscientious job” in reviewing the records. “This is all that we wanted,” said Brown. “We don’t expect all documents to be open to the public’s view, but we wanted this type of analysis.” From the Idaho Statesman

From the Idaho Mountain Express

Cable News Network has filed a lawsuit against Blaine County seeking information from a 1999 police investigation involving the family of Bowe Bergdahl, the Wood River Valley soldier who spent five years in captivity of the Taliban.

The lawsuit was filed on behalf of CNN in Blaine County 5th District Court on June 25 by attorney Debora K. Kristensen of the Boise law firm Givens Pursley. The CNN complaint claims that the report from a 1999 investigation by the Blaine County Sheriff’s Office involving the Bergdahls is subject to disclosure pursuant to Idaho public records statutes.

Release of the report has twice been denied to CNN by Sheriff Gene Ramsey.

“I have declined to release the report because I feel it should be exempt from disclosure because it would be an unwarranted invasion of personal privacy,” Ramsey said in an interview Wednesday. The sheriff further explained that report comes from “an investigation in 1999 in which no charges were filed.”

In correspondence to CNN, Ramsey based his refusal to release the report on Idaho Code 9-335, a statute pertaining to documents exempt from public disclosure and specifically exempting documents that would “constitute an unwarranted invasion of personal privacy.”

CNN is seeking a court order requiring release of the report. A hearing on the matter is scheduled for 2 p.m. on July 21 before Judge Robert J. Elgee.

Bergdahl, 28, a U.S. Army sergeant from Hailey, has received national and international news media attention since his capture in Afghanistan on or about June 30, 2009. News media attention intensified after Bergdahl was released by Taliban forces in exchange May 31 for five Taliban prisoners held by the United States.

CNN complaint

The CNN lawsuit stems from a public records request filed with Ramsey on June 11 by CNN correspondent Ed Lavandera, based in Dallas, and CNN producer Rosalina Nieves, based in Los Angeles. In the request, CNN asked for “all documents related to law enforcement activities involving members of the Bergdahl family—Robert, Jani, Bowe and Sky—and/or reports at the Bergdahl residence” on Croy Creek Road “from 1986 to the present.”

Ramsey responded the same day by providing reports on three investigations involving the Bergdahls, one on March 27, 1998, another on Jan. 30, 2013, and a third on Aug. 25, 2013. However, the sheriff referenced but declined to release a report from an investigation on Nov. 4, 1999.

CNN, through its attorney Kristensen, responded to Ramsey’s reply on June 18. In the reply, Kristensen alleged that failure to disclose the document violated Idaho public records law and Idaho Supreme Court guidance that exemptions be “construed narrowly.” Kristensen claimed that a redacted version, wherein portions of the document could be blacked out, would be acceptable to CNN. Kristensen further threatened legal action to obtain the “record in its entirety or, at the very least, relevant information contained therein.”

Ramsey responded with his second refusal on June 20, which was followed by the filing of the lawsuit five days later.

The three investigative reports Ramsey provided to CNN are also partially redacted but provide sufficient information to ascertain the purpose behind the police investigation. All three reports are attached as exhibits to the CNN complaint.

The March 27, 1998, investigation involves a report by the Bergdahl family of someone driving by the Bergdahl residence and shooting out the rear window of one of their vehicles with a pellet gun. According to the report compiled by former Deputy Ron Taylor, Bowe Bergdahl, then 12, witnessed the shooting. There is nothing in the report to indicate whether or not the culprit was apprehended.

The Jan. 29, 2013, report involves a welfare check requested by Idaho Falls resident Tyler J. Webb, who wanted to know the living conditions of his children, in custody of his estranged wife Shekinah A. Davies, who was staying then at the Bergdahl home. Deputy Kristen Quinton wrote in her report that she visited the Bergdahl home and reported back to Webb that the “children were safe and well taken care of.”

The Aug. 25, 2013, report involves a potential “road rage” incident involving Bowe Bergdahl’s father Bob Bergdahl and his mother Jani Bergdahl. According to a report, compiled by Deputy Quinton, the Bergdahls on their motorcycles followed a man, identified as Sun Valley resident Ignacio Eugenio Lozano, who they claimed cut them off in his vehicle where the northbound lanes of state Highway 75 merge from two lanes into one just north of East Fork Road. The report states that Lozano, suspicious that he was being followed, drove to the Sun Valley Police Department office and was followed there by the Bergdahls. After discussion with police about the incident, Quinton wrote that both parties apologized.

Undisclosed reports

According to Blaine County court records, there was another Sheriff’s Office investigation involving the Bergdahls that was not disclosed to CNN.

Court records state that Jani Bergdahl was convicted in 2007 of a “vicious dogs” misdemeanor violation. She pleaded guilty, was given a 10-day suspended jail sentence and fined $225.50.

Court records also show a case involving Bowe Bergdahl. However, the case is sealed, making it impossible without a court order changing the case’s status to discern when the case was filed or whether it was a civil or criminal action. All that currently can be ascertained from the court listing is that Bowe Bergdahl was named as a party in the case.

From the Idaho Mountain Express

From the Idaho Statesman

BY CHADD CRIPE AND BRIAN MURPHY

Boise State will receive $9,081,250 from the Albertsons Stadium naming-right deal, 72.65 percent of the total package, according to documents obtained by the Idaho Statesman on Wednesday afternoon.

Albertsons will pay $12.5 million over the next 15 years for the naming rights to Bronco Stadium. Learfield, which holds the athletic department’s marketing rights, will receive the rest. The split is slightly worse than the 75-25 split that was originally described when the contract was announced.

Boise State had withheld details of the Albertsons deal — even from the State Board of Education, which was to consider the dollar-less contract Thursday in Idaho Falls.

Boise State President Bob Kustra called the Idaho Statesman on Wednesday morning, however, pledging to release the redacted information at Thursday’s State Board meeting and expressed disappointment that the information was withheld. The information was withheld at the request of Learfield, not Albertsons. But the school, after conversations with Learfield, opted to release the financial details.

The yearly payments from Albertsons to Bronco Sports Properties are as follows (with Boise State’s expected gross payment in parentheses):

July 1, 2014: $675,000 ($465,909)
July 1, 2015: $675,000 ($472,159)
July 1, 2016: $725,000 ($509,659)
July 1, 2017: $725,000 ($515,909)
July 1, 2018: $775,000 ($553,409)
July 1, 2019: $775,000 ($559,659)
July 1, 2020: $825,000 ($597,159)
July 1, 2021: $825,000 ($597,159)
July 1, 2022: $875,000 ($634,659)
July 1, 2023: $875,000 ($634,659)
July 1, 2024: $925,000 ($672,159)
July 1, 2025: $925,000 ($693,750)
July 1, 2026: $950,000 ($712,500)
July 1, 2027: $975,000 ($731,250)
July 1, 2028: $975,000 ($731,250)
Total: $12.5 million ($9,081,250)

Learfield paid Boise State naming rights guarantee fees for the last three academic years. Those amounts totaled $775,000. That total will be deducted from the payments to Boise State over an 11-year period.

The money will flow as follows for 2014-15:

Step 1: $275,000 (2014-15 naming rights guarantee fee) + $70,454 (1/11 of the $775,000 to be repaid) + $75,000 (the annual return for Learfield) = the total deduction of $420,454 from the annual naming rights fee paid by Albertsons.

Step 2: $675,000 (naming rights payment) – $420,454 (total deduction from Step 1) = $254,546

Step 3: 75 percent of $254,546 = $190,909 (university’s share) and 25 percent of $254,546 = $63,637 (Learfield’s share).

Under that calculation, Boise State would net $465,909. That matches Boise State’s projection.

“There are things that Learfield gives us that I don’t think people think about,” Kustra said at the May 21 announcement for Albertsons Stadium. “But I always would like to minimize the amount that you have to hand over to somebody who really wasn’t as directly involved in this as Mark Coyle was and as I was, but that’s the nature of these relationships.

“Over the years, Learfield has served this university well when it comes to the connections we’ve made. They’re able to reach out and find relationships for us that we can’t.”

The home of Boise State football previously was called Bronco Stadiu.

From the Idaho Statesman

From the Idaho Statesman

Boise State has withheld details of the Albertsons Stadium naming-rights deal – even from the State Board of Education, which will consider the dollar-less contract Thursday in Idaho Falls.

The home of Boise State football previously was called Bronco Stadium.

When the deal was announced last month, Boise State said Albertsons agreed to pay $12.5 million over 15 years and that the revenue would be split 75 percent to the school and 25 percent to Learfield Sports, which owns the Broncos’ marketing rights.

But the contract that was distributed to the media did not include a single dollar sign. Instead, it referenced the dollar amounts in a “letter agreement” between Albertsons and Learfield. The school initially denied the Idaho Statesman’s request for that document.

After a public records request, the school provided the letter agreement to the Idaho Statesman – but blacked out every dollar amount, claiming those details are “trade secrets.”

On Monday, the State Board posted the agenda for this week’s meeting in Idaho Falls. Boise State provided the same limited financial information and contract to the State Board as it did to the media.

The State Board staff concluded: “The net revenue to be paid to BSU under this Agreement (in concert with the Learfield agreement) remains uncertain to staff. This issue along with additional questions about the Agreement remain to be addressed at the Board meeting. Staff reserves judgment pending resolution of these matters.”

The State Board documents did indicate that $100,000 of the proceeds will go to the university’s new alumni center.

The Statesman also requested and received the original agreement between Boise State and Learfield for naming rights, part of the marketing rights deal between the two parties that began in 2010. That document also was heavily redacted.

Learfield has provided Boise State with a naming-rights guarantee – amount redacted – since 2011-12. That means the company paid for a sponsorship that it wasn’t able to sell for three years.

The contract stipulates that Boise State gets the annual guarantee (amount redacted) and that Learfield gets the next (amount redacted) from a naming-rights contract. Then Boise State and Learfield split the rest 75/25. So it’s possible that Boise State’s actual take is less than 75 percent.

Also, the payments that Boise State received the past three years from Learfield will be deducted from the school’s Albertsons payout. But once the Learfield deal expires, all of the Albertsons revenue will be split 75/25.

The Learfield contract expires June 30, 2017. Boise State has three additional one-year options.

Here are Boise State’s annual royalty guarantees from Learfield, not including stadium naming rights:

• 2010-11: $2.135 million

• 2011-12: $2.26 million

• 2012-13: $2.335 million

• 2013-14: $2.41 million

• 2014-15: $2.485 million

• 2015-16: $2.56 million

• 2016-17: $2.635 million

• 2017-18: $2.71 million*

• 2018-19: $2.785 million*

• 2019-20: $2.86 million*

* Indicates university-controlled option years.

Boise State also receives 50 percent of any revenue above a certain threshold. For 2013-14, that threshold was $4.445 million.

Boise State gets another $500,000 if it exercises all three contract option years. The contract also called for a $1 million capital stipend over the life of the contract to help with facility improvements that enhance sponsorship opportunities, such as the new video board at Bronco Stadium.

The contract also includes $300,000 in annual trade value for office equipment, cell phones and other items and $292,000 in annual trade value for advertising.

AWAY TICKETS ON SALE

Tickets are now on sale for each of the football team’s away games in 2014.

Prices for the opener against Ole Miss on Aug. 28 at the Georgia Dome in Atlanta are $83 lower level (sections 113-125), $94 mezzanine level (sections 228-232) and $109 club level (sections 217-226).

For other games, the prices are:

• UConn (Sept. 13): $45.50

• Air Force (Sept. 27): $50.50

• Nevada (Oct. 4): $51.50

• New Mexico (Nov. 8): $23.50

• Wyoming (Nov. 22): $45.50

All tickets are available at boisestatetickets.com.

For home games, only season tickets are on sale. Individual-game tickets go on sale to the public Aug. 18.

ASSISTANT CONTRACT DETAILS

Each full-time, on-field assistant football coach receives a $2,000 bonus for reaching the Mountain West championship game and either a $3,000 bonus for a bowl game or a 5 percent bonus for a College Football Playoff game, according to contracts requested by the Statesman.

They can receive $2,000-$5,000 based on the team’s Academic Progress Rate. They also get the use of a car.

Here are the staff salaries:

• Marcel Yates, defensive coordinator, $317,512

• Mike Sanford, offensive coordinator, $305,012

• Scott Huff, offensive line, $270,005

• Kent Riddle, special teams/running backs/associate head coach, $250,016

• Steve Caldwell, defensive line/assistant head coach, $220,002

• Andy Avalos, linebackers, $210,018

• Junior Adams, wide receivers, $160,015

• Julius Brown, defensive backs, $160,015

• Eliah Drinkwitz, tight ends, $160,015

Also, Boise State has added a staff member. Darren Uscher is the new football operations coordinator. Brian Wilkinson remains the director of football operations.

BUDGET FORECAST FOR 2015

Boise State submitted a $37 million budget to the State Board for 2014-15. That’s down from $41.7 million in 2013-14, but that number is inflated by the construction of the Bleymaier Football Complex.

From the Idaho Statesman

From the Associated Press

BOISE, Idaho (AP) — The Idaho governor’s executive order creating a public records ombudsman post had to be scaled back at the last minute over concerns that it could step on existing laws, public records from the governor’s office show.

Idaho Gov. C.L. “Butch” Otter issued the executive order late last month, naming Cally Younger as state public records ombudsman and calling on her to review state agencies’ policies on public records. She’s also expected to collect information about the number of denials issued by the state and to compile that and other data into an annual report for the governor.

The move was in response to a request from the Newspaper Association of Idaho, in hopes of creating an option that could resolve public records disputes without the expense of taking it to the court system. While an early draft of the executive order did just that — allowing individuals upset with records denials to ask for a second opinion from the ombudsman — that intermediate step was stripped from the official order issued by Otter on April 23.

“We just wanted to take a few steps back and really look at the whole process before we jumped in and tried to start fixing things,” Otter’s spokesman Jon Hanian told the Associated Press. “… We thought, you know, this is something that the legislature can look at.”

Emails between the governor’s staffers, the lobbyist from the Newspaper Association of Idaho and the attorney general’s office show that the bulk of the changes to the order were made the night before it was announced. The Associated Press obtained the emails through a public records request to the governor’s office.

Younger fulfilled the records request and included some documents that wouldn’t normally be released under Idaho’s public records law.

“In the interest of transparency, we have included public records that would have been exempt under the attorney-client privilege. The waiver of the attorney-client privilege and inclusion of otherwise exempt documents is specific to this request only and does not constitute a waiver for any future requests,” Younger wrote.

The emails indicate there was concern that the first draft of the executive order amounted to creating new law, a task reserved for the Legislature. But those concerns apparently didn’t arise until the last minute. A draft sent to state agency directors and administrators on the afternoon of April 22 still included the second-opinion option.

Later that evening, Otter’s chief of staff David Hensley asked several stakeholders how the office should respond to questions about whether the executive order creates a remedy in violation of public records law. The current law says the only remedy for a person aggrieved by the denial of a record request is for that person to go to court.

Deputy Chief Attorney General Brian Kane responded to Hensley’s email by saying the draft appeared to create a separate remedy through the executive branch. Kane also noted a few places where it could complicate matters if a public records case goes to court, possibly opening the agencies or ombudsman up to a “bad faith” court claim from a disgruntled record-seeker.

The issues could be avoided with a change to the state law, Kane said, adding the ombudsman as a middle or alternate step to the courts.

Just before midnight, Hensley sent a revised version to colleagues in the governor’s office and to Jeremy Pisca.

“I know it is short of where you and your clients wanted to be. I also know this is short notice. If you and your clients are willing to support this direction, I would commit to working with you on legislation for the next session to codify a review process for state agencies and local governments prior to and/or in lieu of litigation,” Hensley wrote.

From the Associated Press

From KTVB-TV

BOISE — A botched execution in Oklahoma Tuesday made lethal injections and the death penalty the subject of intense debate across the country. After the process began, condemned murderer and rapist Clayton Lockett convulsed on the table and tried to speak, according to execution witnesses who say officials then blocked their view.

It is unknown exactly what went wrong, but it took Lockett 43 minutes to die, when executions reportedly generally take around five minutes or less. He apparently suffered a massive heart attack.

This execution was the first time the state was going to use the sedative midazolam as the first drug in a three-drug cocktail. As the second and third drugs were administered, a doctor was concerned they weren’t having an effect and found Lockett’s vein had exploded.

Idaho’s procedures: What’s known publicly, what’s exempt from disclosure

Idaho currently has 12 people on death row. No death warrants are currently issued, but the state’s standard operation procedure for executions is in place, and was recently reviewed as part of a regular process by the Idaho Department of Correction.

In the state’s publicly available 50-page procedure, many logistics are outlined, including the types of drugs the state may use to carry out an execution. Other matters are kept secret by the state government, including where drugs come from.

After another botched execution in Ohio earlier this year, word that traditionally-used drugs were getting harder for states to buy, and concerns about where drugs may be ordered from, KTVB wanted details on which drugs Idaho has in stock, when they might expire, and where they came from.

A CNN investigation revealed “states have been forced to try new drug combinations or go to loosely regulated compounding pharmacies that manufacture variations of the drugs banned by larger companies.”

IDOC denies request for lethal injection drug inventory, source of drugs

In January, KTVB’s records request was denied, with IDOC saying that information is exempt from disclosure. After the situation in Oklahoma, KTVB again requested drug inventory and order information, and IDOC again denied the request.

IDOC declined a request for an interview about procedures and protocol in Idaho, but a spokesman wrote, “At every stage of the process our focus is on doing our job professionally and responsibly.”

The Department gave three pieces of state rule and law as the reasons for denying the request for drug inventory and origin. The first code cited is: “Any public record exempt from disclosure by federal or state law or federal regulations to the extent specifically provided for by such law or regulation.”

The second code cited is from a portion of state law regarding IDOC records exemptions: “Records of which the public interest in confidentiality, public safety, security and habilitation clearly outweighs the public interest in disclosure as identified pursuant to the authority of the Idaho board of correction under section 20-212, Idaho Code.”

The third rule cited is in administrative rules for IDOC and executions: “Non-disclosure: The Department will not disclose (under any circumstance) the identity of the on-site physician; or staff, contractors, consultants, or volunteers serving on escort or medical teams; nor will the Department disclose any other information wherein the disclosure of such information could jeopardize the Department’s ability to carry out an execution.”

Governor Otter: ‘Our drugs need to be secured’

KTVB approached Governor C.L. “Butch” Otter about the records denial and Oklahoma situation at the Statehouse on Wednesday.

“Our drugs need to be secured, and where we get them, and how we go get them needs to be secure as well,” Otter said.

KTVB asked, “And by that you mean, not public?”

“We don’t want people to know,” Otter said. “Unfortunately these folks that are awaiting execution, and have been executed, have families. They have friends. They have people that would like to disrupt that process. And I understand it, but we’ve got to do everything we can to avoid any kind of a disruption in that process.”

The governor’s office staff said keeping where the execution drugs come from confidential is “protecting the source to maintain the source”. Because so few people are willing to provide lethal injection drugs, keeping anonymity protects the businesses, they said.

ACLU: ‘There should be no room for secrecy’

The ACLU of Idaho believes it’s wrong to keep any aspect of the execution process a secret from taxpayers.

“When it comes to this issue of the death penalty and an issue where the state is actually killing people, there should be no room for secrecy. In fact, transparency should be the upmost importance in times of this nature,” Leo Morales, ACLU Idaho Communications and Advocacy Director, said.

The organization is also calling on all governors and states that use capital punishment to re-examine the practice in light of Oklahoma’s botched execution.

“The botched execution should really be a reminder and a time for reflection for the state of Idaho or any state in the country that still has this old system, and really think if we should still continue to have the system,” Morales said. “We fundamentally believe it’s an arbitrary system that we should do away with and no longer continue in this country.”

Governor: Idaho’s procedures are sound

Otter says he used to work with Oklahoma Governor Mary Fallin in Congress and in governors’ groups. He is confident she would mean no harm, and says he believes in Idaho’s procedures.

“We have a redundant system that we back up. We practice everything. I’ve gone out a couple of times to those run-throughs so that we try at every opportunity to avoid… We do everything we can to avoid any occurrence like that,” Otter said.

Oklahoma’s execution drugs vs. Idaho’s execution drugs

There are four options for execution drugs to be used in an Idaho execution: Two of them involve three-drug cocktails, two of them involve a single drug.

In Oklahoma, the three-drug cocktail was reported by CNN to be midazolan (a sedative), vecuronium bromide (to stop the inmate’s breathing), and potassium chloride (to stop the heart). None of Idaho’s four methods is identical to the method reportedly used in Oklahoma’s botched execution. The third drug, potassium chloride, is the only similar drug; it’s the third drug in both of Idaho’s three-drug methods.

See the attached spreadsheet in related items (unavailable on mobile) to compare Idaho’s four plans with the one used in Oklahoma.

In Idaho’s most recent execution in 2012, one of the single-drug protocols was used. That condemned killer was given a lethal dose of a sedative pentobarbital.

From KTVB-TV

From the Idaho Statesman

BY KRISTIN RODINE

krodine@idahostatesman.comn

As former Canyon County Prosecutor John Bujak’s bankruptcy fraud trial approaches, prosecutors are seeking to keep many of their motions out of the public eye.

Even the prosecution’s motion to seal its motions is sealed, although U.S. District Judge Edward Lodge has not ruled on the issue.

Bujak, who is serving as his own defense attorney, filed a motion opposing sealing the documents.

The U.S. attorney filed six motions in the case this past week and sealed all but one: a motion to prevent Bujak using “hearsay” when he cross-examines witnesses, which would allow him to basically testify without taking the stand.

Federal prosecutors said Bujak used that tactic while representing himself in trials in state court, questioning witnesses with sentences such as: “Isn’t it true that during that meeting I told you that after all the expenses were paid the money left over is mine to do with as I please?”

Bujak stood trial in state court four times in 2012 and 2013, with all but one of those trials related to allegations he illegally diverted money for his personal use from a contract to prosecute Nampa misdemeanors with Canyon County resources. Two juries acquitted him; two others were unable to agree on a verdict.

Unlike in state court, Bujak will not have public defenders on hand to back him up when his federal trial begins May 6. If he chooses to testify, he will need to make his two roles distinct by asking himself questions, then answering them.

Bujak faces six federal felonies, including bankruptcy fraud, concealment of assets, making a false statement under oath, money laundering and obstruction of justice. The charges stem from allegations that he failed to disclose a Rolex watch on a list of assets when he filed for bankruptcy in 2010.

Idaho U.S. Attorney Wendy Olson said Friday that she couldn’t discuss the specific reasoning behind sealing the motions in Bujak’s trial, noting that such discussion would “defeat the purpose.”

But generally, Olson said, the purpose of keeping specific pretrial documents away from the media and public is “to not pretry the case … to not have evidence that is going to be produced at trial be made public before it is actually produced at trial, and to protect the privacy of victims and witnesses.”

In his motion opposing the move, Bujak wrote, “There is nothing in the record to support a finding by the court that pretrial publicity caused by the government’s motions in limine would deprive the defendant of his right to a fair trial.”

Kristin Rodine: 377-6447

From the Idaho Statesman

By ZACH KYLE

Jana Kemp was screening volunteers for a local nonprofit that serves children three years ago when she ran into what she considered a fixable problem.

The Idaho Department of Health and Welfare maintains a registry with the names of residents with reports of abuse, neglect or abandonment of children, the elderly and people with developmental disabilities. Reports catalogues on the registry are substantiated in most cases by physical or medical evidence.

Kemp, a former Republican state senator from Garden City and one-time independent candidate for governor, saw the registry as a tool that businesses, schools and nonprofits working with those groups should access as part of standard background checks. However, only the department and certain types of organizations requiring Health and Welfare licenses could access the registry. The 14,000 names on the registry were otherwise confidential, making it off limits to groups such as the Boy Scouts of America, school districts or youth sports leagues.

Kemp worked with Health and Welfare attorney Robert Luce to draft a rule change to chip away at that confidentiality. The proposal easily passed in the Legislature during the 2014 session and will become law July 1.

Kemp said the ability to cross-reference criminal history with the registry will help Idaho businesses and youth organizations keep children safe. Doing so would also help protect organizations from lawsuits by preventing abuse cases through better screening.

“I don’t want a kid in an examining room with somebody not background checked to include Health and Welfare’s registry,” Kemp said. “Just because you passed a criminal background check doesn’t mean you would pass that. It’s an added level of protection.”

That added protection will soon be available to employers and youth organizations.

Employers won’t be able to access the registry themselves, Health and Welfare spokesman Tom Shanahan said. But Idahoans now can request the department to release a form stating whether or not they are on the registry for a $20 fee. So, employers can require applicants to provide the documentation during job screening, a useful cross-check against the already standard criminal background check, Shanahan said.

“We think there’s value to the rule change,” Shanahan said. “The fingerprint test in the criminal background check looked at the most serious activity. But sometimes there are substantiated cases of abuse but there’s never been any criminal record. This will be very helpful to the Boy Scouts, coaches, and just about any organizations who have contact with children.”

Kemp said now the challenge is informing stakeholder organizations that there is a new background check tool available to them.

“At this point, the education hasn’t happened,” she said. “Nobody knows the change has happened. Nobody knows they need to access the registry to protect themselves and their companies from a liability perspective.”

Meridian School District spokesman Eric Exline said he wasn’t aware of the rule change. He said the district would evaluate the rule before determining whether it would require applicants to provide registry reports.

From the Idaho Statesman

From the Rexburg Standard Journal

By Emmilie Whitlock/Standard Journal writer

REXBURG — Findings of a recent investigation of the Madison County Commissioners have shown that the commissioners did not violate open meeting law.

The investigation comes after a complaint from local resident Kelly McKamey.

The complaint alleges that the commissioners were in violation of Idaho’s Open Meeting Law when all three commissioners — Kimber Ricks, Jon Weber and Todd Smith — and county clerk, Kim Muir, came to the Standard Journal office, allegedly holding an illegal meeting during a Nov. 25 visit to editor Greg Little.

Findings from the investigation reported that on Monday, Nov. 25 — a standard day for the commissioner meeting — the commissioners discussed an opinion article previously published in the Standard Journal.

The investigation reports that this discussion was not done during the meeting but at other times not on the record.

“As the lunch break began or at some point prior to the lunch break Madison County Commissioner, Kimber Ricks, told the other commissioners and the county clerk, Kim Muir that he was going to visit the new editor to the paper, Greg Little,” the investigation reported.

After lunch, Commissioners Jon Weber, Todd Smith, Ricks and Muir met with Little.

“The conversation may have started out welcoming Mr. Little to the community but quickly evolved into a heated discussion of the article,” the investigation reported.

The findings reported that after the discussion ended after anywhere from five to 15 minutes, the commissioners and county clerk left the office.

“There was no topic discussed during the meeting at the Standard Journal that would require a vote of the Madison County Commissioners,” the report found.

Bruce Pickett, prosecuting attorney for Bonneville County, reported that it is not a violation of Open Meeting Law for the Commissioners to be together, including at lunch, even though a quorum of members is present.

“Such contact between commissioners becomes a meeting that is governed by the Idaho Open Meeting Law only if there is a ‘receipt or exchange of information or opinion relating to a decision.’”

The law defines a decision as any “determination, action, vote or final disposition upon a motion, proposal, resolution, order, ordinance or measure on which a vote of a governing body is required, at any meeting at which a quorum is present…”

McKamey said in his complaint that it was his opinion that the decision to go and meet with the paper or even go to lunch is a decision that is made by the quorum of the commissioners and should comply with the Open Meeting Law.

“That opinion is not in conformity with the Idaho Open Meeting Law,” the investigative report states.

Furthermore, the results from the investigation indicate that Pickett does not believe that the legislature intended for the open meeting law to act as a bar to all communications between individual commissioners outside of open meetings.

“I find no meeting was held at the Standard Journal on November 25, 2013 that qualifies as a meeting under Idaho Open Meeting Law and therefore there was no violation of the Idaho Open Meeting Law,” Pickett wrote in his investigative report.

Included in McKamey’s complaint was the allegation that the commissioners came to speak with Little to “put pressure on the newspaper.”

According to the investigation findings, “Such conduct would still not qualify as a meeting under the Idaho Open Meeting Law as there was no ‘determination, action, vote, or final disposition upon a motion, proposal, resolution, order, ordinance or measure on which a vote of a governing body is required.’”

McKamey said he accepts the findings, but disagrees with the strict definition outlined in the investigative report.

“I believe that what was exposed is that all three (commissioners) and the county clerk, came under the auspices of welcoming Greg, but they came to dispute what he put in the paper. I believe it was very much a bullying and a shot across Greg’s bow,” McKamey said.

Ricks told the Standard Journal that unequivocally, it was never his intent to do any bullying.

McKamey also said he felt the investigation exposed the commissioners actions as making a statement that the newspaper needed to come to them for the facts. McKamey said he felt this was an additional positive outcome.

McKamey said he didn’t hold out a great hope that the commissioners would be in violation of the law. But McKamey said that just because they didn’t break the law doesn’t mean the commissioners didn’t do anything wrong.

“They want to contain any controversy that might make it look like they’ve done something wrong. They want the community to be peaceful and happy. If they can keep all communication with the paper filtered, then they get to keep that happy valley thing,” McKamey said. “(The investigation) exposed that tendency of them. That attitude was verified.”

Ricks called any accusation of trying to control the news “ridiculous.”

“There has never been an effort nor will there be any effort to control or influence the news by the commissioners,” he said.

Ricks also said he was glad to have the investigation over, and was not surprised at the results of the findings.

“I thought the investigation was thorough and I was pleased that it was settled the way it was,” Ricks said.

Ricks also said McKamey had discussed everything regarding the visit to the Standard Journal with the commissioners in an open meeting before he ever filed the reports.

“We discussed it openly before, we have no secrets,” Ricks said. “If there are any secret meetings, they are secret from me. I don’t know about them.”

Several in the community have questioned the cost the investigation will bring to taxpayers.

McKamey says he is aware of the cost, and even aware he will take heat for it.

“It’s our right to question the motives or activities of elected officials,” he said.

McKamey said the elevated cost of the investigation came because after he filed his initial complaint to Madison County Prosecuting Attorney Sid Brown, the investigation was deferred to Bonneville County.

“If Sid Brown could have been objective, there would have been very little to no cost. It puts a little concern with the county’s attorney’s office,” he said. “How can they examine local officials and not be objective?”

The Madison County Prosecuting attorney’s office told the Standard Journal that any time there is a conflict of interest — such as their office working with the commissioners — a special prosecutor is used, in this case the Bonneville County Prosecutor.

As of the time of press, the Bonneville County Prosecuting Attorney’s Office and the Madison County Clerk had not verified the total cost of the investigation.

From the Rexburg Standard Journal