Page 13 - Flathead Beacon // 8.31.16

NEWS
State Drops Appeal in Trout Creek Man’s
“Community banking means being listened to.” - Michael G.
Overturned Murder Conviction
Richard Raugust served 18 years in prison for the murder of his best friend
BY TRISTAN SCOTT OF THE BEACON
The state of Montana has dropped its bid challenging a judge’s order that over- turned the murder conviction and life sentence of Richard Raugust, a Trout Creek man who was incarcerated for 18 years for the murder of his best friend.
Raugust was released from prison last December following a decision by Sand- ers County District Judge James Wheelis, who ruled that evidence withheld in the case constituted a violation of due pro- cess, supported the defendant’s alibi and warranted a new trial.
“The court concludes that reversing petitioner’s conviction and granting him a new trial is the only remedy for the vio- lation of his rights,” Wheelis wrote in his order.
Since the morning of his arrest, Rau- gust, 49, has insisted that he did not murder his longtime friend Joe Tash, whose body was discovered July 24, 1997, inside a camper trailer near Trout Creek. Despite his pleas of innocence, a Sanders County jury handed down a guilty verdict in March 1998 after sitting deadlocked for 10 hours.
In 2012, the Montana Innocence Proj- ect appealed Raugust’s conviction, say- ing that new evidence implicates another killer, and that if Raugust were granted a new trial, a jury would agree.
And while the state of Montana appealed the judge’s decision to the Mon- tana Supreme Court, the Montana Attor- ney General’s O ce led a motion last week to dismiss the appeal. The Montana Supreme Court accepted the motion Aug. 26.
Now, Sanders County Attorney Robert Zimmerman must decide whether to le a motion to dismiss the charges, or retry the deliberate homicide case before a jury.
Richard Raugust embraces his sister, Mary Webster, after being released after a bail hearing in Sanders County District Court on Dec. 4, 2015. BEACON FILE PHOTO
Zimmerman was not immediately available for comment, and a status hear- ing in the case has not yet been scheduled.
Raugust’s legal team was pleased that the state decided not to pursue the appeal, and said they look forward to proving Raugust’s innocence.
“I, along with the Montana Innocence Project, am very pleased the state has chosen to no longer pursue their appeal of Judge Wheelis’ order overturning Rich- ard’s conviction and granting him a new trial,” Missoula defense attorney Brett Schandelson said. “Judge Wheelis’ order is legally sound and unlikely to be over- turned, and it now appears the state has reached the same conclusion. We now look forward to defending Richard on the merits in a new trial.”
Schandelson said a new trial would give Raugust the opportunity to present newly discovered evidence to support his alibi that he was not present the night of the murder.
The new evidence challenges key
testimony provided by the state’s sole eyewitness, a man the Montana Inno- cence Project asserts is the true killer, and claims that the testimony of a sheri ’s deputy would have supported Raugust’s alibi but was never divulged prior to trial.
According to Wheelis’ order, the dep- uty’s observations “put the entire case against [Raugust] in such a di erent light as to undermine con dence in the verdict at the underlying trial.”
Raugust has been living and working in Missoula since Dec. 4, when Wheelis released him on his own recognizance pending a new trial.
“I was hypothetically doomed to make the best of a bad situation, perhaps for the rest of my life,” Raugust said at the time of his release. “I will nally get to clear my name and look forward to getting closure for my best friend Joe. Our fam- ilies, friends and I can then try to salvage what’s left of my life.”
tscott@ atheadbeacon.com
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www.ThreeRiversBankMontana.com
Bear Attacks NPS Employee Near Many Glacier Woman was picking berries near Red Rock Falls when she reportedly startled bear
BY JUSTIN FRANZ OF THE BEACON
A National Park Service employee sus- tained non-life-threatening injuries on Aug. 27 after a bear attacked her along a trail in the Many Glacier area.
The woman, who has not been iden- ti ed, was picking berries o the Swift- current Pass Trail near Red Rocks Falls when she reportedly startled a sow, ac- cording to Glacier National Park spokes- person Tim Rains.
The woman sustained injuries to her legs and hands. Some other hikers saw
the attack and summoned help. The woman was able to hike part way back to Many Glacier before meeting rangers who helped her the rest of the way. The incident remains under investigation. Of- cials believe the bear was a grizzly.
The woman was carrying bear spray but it was not deployed.
The woman was taken to the hospital in Browning and later to Kalispell, where she is still recovering from her injuries.
The Swiftcurrent Pass Trail remains closed at this time. The Iceberg and Ptar- migan trails in the Many Glacier area are
also closed due to bear activity.
Grizzly bear attacks are rare in the Glacier region but they do occur. Since Glacier National Park was created in 1910, there have been 10 fatal grizzly at- tacks in the national park, the most re- cent in May 1998 when a 26-year-old man was killed hiking in the Upper Two
Medicine Valley.
The last time a visitor was attacked
in Glacier Park was in September 2015, when a 65-year-old man surprised a griz- zly bear while hiking.
jfranz@ atheadbeacon.com
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AUGUST 31, 2016 // FLATHEADBEACON.COM
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