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Local
Iris Society hosts meeting

TWIN FALLS — The Magic Valley Iris Society will host its quarterly meeting and potluck from 11:30 a.m.-1:30 p.m. on Oct. 28 at the KMVT community room, 1100 Blue Lakes Blvd. N., Twin Falls. Club business will include show prize-medals, club promotion and door prizes. Fun with friends is always available. Linda Aufderheide and Sandra Ruebel will present the program “Iris 411” at 1:00 p.m.

Dues to join the club are $7 which includes newsletters and an iris. More information: Jeanette Graham at onthegograham@gmail.com.


News
AP
White House: No required sentences in military justice cases

WASHINGTON — The White House said Friday that any military justice case must be “resolved on its own facts” after Army Sgt. Bowe Bergdahl argued that President Donald Trump’s past criticism prevented him from receiving a fair sentence on charges he endangered comrades in Afghanistan.

The White House statement did not mention Bergdahl by name but appeared to address questions related to his case. It said Trump “expects all military personnel” involved in the military justice process “to exercise their independent professional judgment.”

Bergdahl pleaded guilty this week to charges that could send him to prison for life. But his lawyers have asked to have the case dismissed in light of Trump’s remarks during an impromptu news conference Monday that “people have heard my comments in the past” about Bergdahl.

As a presidential candidate, Trump repeatedly called Bergdahl a “traitor” and suggested he should receive harsh punishment.

Without referencing Bergdahl, the White House statement Friday said, “There are no expected or required dispositions, outcomes, or sentences in any military justice case, other than those resulting from the individual facts and merits of a case.” It added, “Each military justice case must be resolved on its own facts.”

White House officials declined to say that the statement was related to Bergdahl’s case.

Bergdahl’s lawyers contend that the president’s comment Monday is problematic because Trump is now commander in chief.

“President Trump stands at the pinnacle of an unbroken chain of command that includes key participants in the remaining critical steps of the case,” the defense wrote.

The judge overseeing the case, Army Col. Jeffery R. Nance, previously called Trump’s campaign statements about Bergdahl “disturbing and disappointing,” but ruled they didn’t amount to unlawful command influence. The judge’s ruling in February noted Trump’s comments were made before he was president. The statements of a “private citizen,” even if the person is a presidential candidate, “cannot be unlawful command or influence,” Nance wrote.

Bergdahl, 31, of Hailey, Idaho, pleaded guilty Monday to desertion and misbehavior before the enemy for walking off his remote post in Afghanistan in 2009. He was captured and held by the Taliban and its allies for five years.

Bergdahl admitted guilt without striking a deal with prosecutors to limit his sentence, meaning his punishment will be determined by Nance.

Bergdahl faces up to life in prison at sentencing starting next week.

President Barack Obama brought him home in 2014 in a swap for five Taliban prisoners at Guantanamo Bay, Cuba. During the campaign, Trump repeatedly called Bergdahl a “dirty, rotten traitor” who deserved to be executed by firing squad or thrown out of a plane without a parachute.


State
AP
Judge: Idaho waited a year before reading prison court order

BOISE — A federal judge has ruled that Idaho prison officials failed to enact court-mandated prison health care improvements for two years from 2014 to 2016 and that some of the officials did not read the court order outlining what was supposed to be done.

U.S. District Judge David Carter said in the ruling issued last month that the Idaho Department of Corrections eventually worked to correct the problems and that he will not issue contempt of court fines for now.

The judge also said he doesn’t currently plan on extending the amount of time that health care at the Idaho State Correctional Institution must remain under federal court oversight.

That means a 36-year-old lawsuit filed on behalf of inmates — and subsequent court oversight — could come to an end within the next several months.

That would be welcome relief for state lawmakers and prison leaders charged with running the 1,446-bed prison south of Boise that typically houses Idaho’s sickest inmates.

But the ruling also means the stakes are high for inmates at the prison, because once this lawsuit ends they’ll have to file a completely new legal action if medical delivery problems resume.

The case started in 1981 when inmates from the Idaho State Correctional Institution began filing so many lawsuits against prison officials that they threatened to clog Idaho’s federal court. A judge noted similarities between the cases and combined them into one class-action lawsuit.

The claims ranged from overcrowding and excessive violence to limited access to medical care. Some have been settled, but the medical care complaints continued.

In 2012, an expert hired by the court to examine the medical care at the prison found major problems, including some that he said led to prisoners being gravely injured or dying. The expert said the poor medical care amounted to cruel and unusual punishment, a characterization that the state strongly protested.

After the expert released his findings, the inmates had a choice — they could go to trial, potentially waiting up to 18 months before a ruling would be issued, or go into mediation in hopes of a quicker solution.

“The inmates opted for mediation because they desperately needed something they could enforce and thought a quicker substantive resolution would result from mediation,” Carter wrote in his ruling.

The lawsuit seemed close to a conclusion a couple of years ago when all sides agreed to a deal in which the state would make several improvements to medical care, and the court would oversee the changes for two years to ensure Idaho officials followed through.

The deal revolved around a compliance plan to ensure inmates received adequate medical and mental health care and that prison officials monitored the medical care system to make sure it operated properly.

State corrections officials were supposed to train prison medical care workers on the new rules and make sure the state’s prison medical care contractor, Corizon, complied with the plan.

The judge formally approved the plan in 2014, but Carter wrote in his ruling that the state correction department’s health services administrator, Corizon officials and the medical workers never read the court-ordered new plan.

The state didn’t even notice the problem until the summer of 2015, when newly promoted Deputy Chief of Prisons Ashley Dowell realized the error.

The judge noted Dowell and other prison officials began working immediately to correct the problem, but said it still took another year for the state to become compliant with the court order. Carter found the state to be in contempt of court for those two years.

The state still has a ways to go before the lawsuit is closed. A new audit of the prison’s medical and mental health care system is expected to be released later this year. If the results are positive, the state could ask to bring the lawsuit and court oversight to an end.


Crime-and-courts
5th District Court News

TWIN FALLS COUNTY

FELONY SENTENCINGS

Travis Paul Wharton, 27, Magna, Utah; burglary, $245.50 costs $500 public defender, $100 DNA, 10 years penitentiary, five determinate, five indeterminate, credit for time served, sentence suspended. Second charge burglary dismissed.

Kevin John Scheer, 40, Twin Falls; unlawful possession of a weapon by a convicted felon, $245.50 costs, $500 public defender, five years determinate penitentiary, sentence suspended.

Manuel John Cisneros, 27, Twin Falls; possession of a controlled substance, $285.50 costs, $500 public defender, $100 DNA, four years penitentiary, two determinate, two indeterminate, credit for time served, 365 days retained jurisdiction.

Rachel Kim Thompson, 29, Twin Falls; possession of a controlled substance, $285.50 costs, five years penitentiary, two determinate, three indeterminate, 130 days credited, sentence to run consecutive to Ada county case.

Anthony Lee Giannopulos, 32, Twin Falls; possession of a controlled substance, $285.50 costs, $568.66 restitution, $500 public defender, seven years penitentiary, three determinate, four indeterminate, credit for time served, penitentiary sentence suspended, 180 days state prison, three years supervised probation, sentence to run consecutive to 2016 case.

Rebecka Lea Degner, AKA Rebecka Lea Call, 36, Kimberly; possession of a controlled substance, $285.50 costs, six years penitentiary, three determinate, three indeterminate, credit for time served, 365 days retained jurisdiction, sentence to run concurrently with 2017 case. Use or possession of drug paraphernalia with intent to use charge dismissed.

DRIVING UNDER THE INFLUENCE SENTENCINGS

Bryler Don Reed, 27, Hazelton; DUI, $400 fine, $202.50 costs, 180 days jail, 178 suspended, one day credited, guilty withheld sentence, eight hours work detail, 180 days restricted drivers license, 12 months supervised probation.

Matthew Michael Thompson, 25, Idaho City; DUI, $400 fine, $202.50 costs, 180 days jail, 167 suspended, one day credited, 10 days discretionary, 16 hours work detail, 180 days drivers license suspension, 12 months supervised probation, transferable to Idaho City.

Pedro Enrique Camarena-Games, 28, Jerome; DUI second offense within 10 years, $500 fine, $202.50 costs, 365 days jail, 245 suspended, three days credited, 20 days discretionary, 365 days drivers license suspension, 24 months supervised probation.

Ronald Mose Wales Jr., 28, Kimberly; DUI excessive, $500 fine, $202.50 costs, $75 public defender, 365 days jail, 325 suspended, eight days credited, 30 days discretionary, 365 days supervised probation, 18 months supervised probation.

Divorces

Maryanne Koch v. Matthew Koch

Henryetta Graham v. Mark Graham


Ap
At a glance

Central Idaho officials eye ordinance banning elk feeding

KETCHUM, Idaho (AP) — County commissioners in central Idaho where residents put out food for elk last winter are considering new regulations to prevent the practice.

The Idaho Mountain Express reports that the county attorney on Tuesday presented to the Blaine County commissioners a draft ordinance revising the county's policy on feeding big game animals.

The practice is prohibited in populated areas such as subdivisions, but there is no policy governing feeding elsewhere in the county.

The new ordinance would cover the whole county outside of municipalities.

The ordinance would make violations a criminal offense, likely a misdemeanor.

Idaho Department of Fish and Game officials set up 27 feeding sites in the county last winter.

But residents of at least one subdivision also fed elk during the severe winter.

Idaho man sentenced to jail for sex with Wyoming teenager

GILLETTE, Wyo. (AP) — An Idaho man has been sentenced to up to 20 years in prison for impregnating a teenager.

The Gillette News Record reported Thursday that as part of his sentence, 35-year-old Timothy Duelke of Shoshone, Idaho will have to pay fines and register as a sex offender.

According to court documents, Duelke was at least 27 years old and living in Gillette when he had sex numerous times with the teen in 2009 and 2010.

Authorities uncovered the sex crimes after Idaho law enforcement contacted the Campbell County Sheriff's Office about an unrelated case. Authorities found that Duelke's DNA matched DNA collected from the teen's baby, who was put up for adoption.

Duelke pleaded no contest to two counts of sexual abuse of a minor. Defense attorney Jefferson Coombs sought a probationary sentence for what he called an "old crime."


Local
Stork report: births at Jerome, Twin Falls hospitals

St. Luke’s Jerome

Sophia Renesmee Jacobo Gonzalez, daughter of Jazmin Jacobo of Jerome, was born Oct. 9, 2017.

St. Luke’s Magic Valley

Alem Alic, son of Amira and Mirnes Alic of Twin Falls, was born Oct. 12, 2017.

Adriel Jaeyel Hernandez, son of Julianna Pilar Laurian Martinez and Marco Antonio Garcia-Hernandez of Jerome, was born Oct. 12, 2017.

Katyana Grace Gayda, daughter of Myranda Marie Ross and Aleksey Thomas Gayda of Twin Falls, was born Oct. 12, 2017.

Kalia Victoria Perez, daughter of Marine Sandoval Renteria and Luis Adrian Perez Cerda of Jerome, was born Oct. 13, 2017.

Lydia Liane Zamora, daughter of Brandi Liane Bradford and Christopher Rosales Zamora of Twin Falls, was born Oct. 13, 2017.

Jasper Michael James Lindauer, son of Cecilia Ann May Lindauer and Raymond Michael Lindauer of Rupert, was born Oct. 13, 2017.

Killian Alyse Cole, daughter of Kimber Janae Marci and Ronald Cacey Cole of Twin Falls, was born Oct. 14, 2017.

Jayceston Wrae Overton, son of Amber Lynn and Nicholas William Overton of Twin Falls, was born Oct. 14, 2017.

Bradley Michael Williams, son of Kelly Williams and Michael Jonathan Williams of Jerome, was born Oct. 15, 2017.

Amelia Dawn Puschel, daughter of Rachel Dawn and Austin Earl Puschel of Buhl, was born Oct. 15, 2017.

Talia Rue Smith, daughter of Amy Kay and Jesse Lee Smith of Kimberly, was born Oct. 16, 2017.

Alfonso Noriel Espino, son of Celina Espino Anaya and Jose Alfonso Espino Mejia of Shoshone, was born Oct. 17, 2017.

Sarah Margaret Dane, daughter of Yolanda Guerrero Reina and Stephen Eric Dane of Twin Falls, was born Oct. 17, 2017.

Cade Earl Lavagnino, son of Joella Elizabeth and Earl Ted Lavagnino of Twin Falls, was born Oct. 18, 2017.

Lacie Marie Baker, daughter of Bree-Anna Egersdorf and William Baker of Gooding, was born Oct. 18, 2017.

Jeryn Jaymes Temple, daughter of Jenna Kathryn and Colter Blu Temple of Burley, was born Oct. 19, 2017.


Crime-and-courts
Twin Falls County Most Wanted

Stormy Winmill

Date of Birth: August 21, 1988

Sex: Male

Height: Six feet

Weight: 190 pounds

Hair: Blonde

Eyes: Brown

Race: White

Wanted for: Failure to appear on the original charge of receiving or transferring a stolen vehicle, a felony.

BOnd: $75,000


Print-specific
Streamflows

Average daily flows Snake River at Heise 3,152 cfs

Snake River at Blackfoot 4,030 cfs

Snake River at American Falls 2,136 cfs

Snake River at Minidoka 2,177 cfs

Snake River at Milner 1,630 cfs

Little Wood River near Carey 3 cfs

Jackson Lake is 76 percent full.

Palisades Reservoir is 95 percent full.

American Falls Reservoir is 72 percent full.

Upper Snake River system is at 80 percent capacity.

As of Nov. 17.


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