Seyler released on technical issue

POLSON – Instead of defending her client, defense attorney Ashley Morigeau put the prosecutor’s office on trial Thursday – and won.

Lake County District Court Judge James Manley dismissed charges against Eugene Seyler, who allegedly beat a guard in the CSKT Detention Center in Pablo on May 22.

The center’s security cameras recorded the event but a jury will probably never see the video.

Seyler, 42, of Pablo, appeared in Lake County Justice Court before Justice of the Peace Joey Jayne on May 23. But prosecutor and Deputy County Attorney Jessica Cole-Hodgkinson didn’t file charges against Seyler until June 10.

Those were an important 18 days.

Montana court guidelines require prosecutors to file charges within 10 days of arraignment if the suspect is incarcerated, Manley said. And he is right because he is the judge, despite the arguments from Cole-Hodgkinson and her boss, County Attorney Mitch Young.

During the hearing to dismiss, Morigeau called Cole-Hodgkinson to the stand and grilled her for more than 40 minutes.

During her questioning, Cole-Hodgkinson said she was waiting for medical records and information from an investigator to help her determine what she should charge Seyler with.

“I wasn’t sure I could convince a jury that (Seyler) was trying to kill the guard,” she testified.

A judge dismissed an attempted murder charge against Seyler in January. He was charged with stabbing a neighbor repeatedly but detectives could not find many of the witnesses, according to court records.

“So this was the second unprovoked attack by the defendant in six months,” Cole-Hodgkinson said. “I wanted to keep the public safe.”

But Manley had none of it and said during his June 19 ruling that Cole-Hodgkinson was late filing the charges, “for reasons that are not justified, and frankly, hard to believe.”

He also got Cole-Hodgkinson to admit that every case in the 20th Judicial District for more than 20 years had been dismissed for violating the “10-day rule.”

Whereupon, he ordered Seyler released immediately.

Mitch Young, who was voted out of his office June 3, plans to file an appeal.

On May 22, Seyler, who was arrested on a public nuisance charge, allegedly attacked CSKT detention officer Monty Nelson, who was saved when he crawled to an adjoining cell, handed his keys to the inmate, who unlocked his door, pushed Seyler off of Nelson, and locked Seyler back into his cell.

“These are obviously very serious charges, and you’re always reluctant to dismiss them,” Manley said.

Despite the violence of the alleged assault, Cole-Hodgkinson said the hospital report indicated that Nelson did not suffer severe injuries.