Editor will wait for judgement
The editor of the Lake County Leader will have to wait to find out if three misdemeanor charges against him will be dismissed.
At an omnibus hearing Monday morning in Polson, Lake County Justice of the Peace Joey Jayne said she will rule within a month on defense motions to dismiss the case and compel release of the arresting officer’s personnel records.
Vince Lovato of Polson was arrested Oct. 1 while taking photographs of a vehicle accident on Montana Highway 35. He was charged with resisting arrest, obstruction of justice and disorderly conduct.
Lovato’s attorney, Mike Meloy of Helena, has asked for dismissal of the charges based on his client’s First and Fourth amendment rights.
Meloy said he was also trying to obtain personnel records for Montana Highway Patrol Trooper Anthony Isbell, stating that “the defendant has substantial need of the personnel records of the arresting officer in the preparation of his case.”
Jayne scheduled Lovato for a Feb. 20 jury trial, with a jury confirmation date Feb. 2.
By then, Jayne will no longer be justice of the peace; she was defeated by Montana Highway Patrol Sgt. Randy Owens in the Nov. 4 election.