After a 3 week long trial, Anne Stout, 43, of Ravalli County, Montana, was convicted for the murder of her husband Bill Stout, 50, June 10 2007, with a 9 mm Beretta handgun. Ravalli County District Judge Jeffrey Langton accepted the jury's guilty verdict Thursday at about 12:20 PM, which they reached after 60 witnesses and sifting through many articles of evidence.
Ravalli County Prosecuting Attorney Geoff Mahar summarised the case after the verdict.
“This was a classic ‘CSI' story and there was an incredible amount of computer and technology work that went into it,” Mahar said. “There were so many aspects to the case, and we did our best in trying to make our case as concise as possible. (County Prosecuting Attorney) Bill Fulbright and I did our jobs, but the real victims in the case are the family members of Anne Stout.”
Mahar said the cooperation of the Ravalli County Sheriff's Office was essential to the trial.“They worked on this case tirelessly and when the investigation was done, they did everything and more,” Mahar said. “Sheriff (Chris) Hoffman needs to be congratulated for mentoring and leading a good group of professionals and people. Win or lose, we were very proud to work with them.”
Fulright priased the jurors for putting their work in in the case.
“This case was a perfect example of our legal system at work. We put it out there and then let the citizens of the community decide. I was afraid after three weeks we would lose sight of what this was about - the loss of a good man.”
Stout's bond was revoked after the conviction, and she is being held at the Ravalli County jail pending sentencing August 26 at 9 AM.
Showing posts with label MT. Show all posts
Showing posts with label MT. Show all posts
Sunday, June 22, 2008
Sunday, April 27, 2008
Chiropractor guilty of groping patients in Montana
Jack Faubion, a 32 year old Gillette, MT chiropractor, was found guilty of 4 out of 5 3rd degree sexual assault charges after a bench trial conducted by Judge John C. Brackley of Sheridan. The verdicts were read shortly after 3PM Thursday in the Campbell County Courthouse. 3rd degree sexual assault is a felony punishable by a maximum of 15 years in a Montana prison.
Across the aisle, the four victims whose allegations were affirmed by the court sat just as silently at the end of what started as an emotional day of testimony for the prosecution’s last witness.A 43-year-old woman accuser cried as she told the courtroom how Faubion groped her breasts during a January 2005 visit to his office for back pain. Asked by Assistant County Attorney Bill Edelman if the Faubion’s touching felt sexual, the woman said yes.
“I thought so at first but after he explained it I thought I was being overly sensitive,” she said, occasionally dabbing her eyes with a tissue from a box next to her on the stand. “It just felt dirty. It didn’t feel medical to me.”
Brackley, who heard the trial after the defense waived its right to a jury, said such emotional testimony and detailed stories of breasts being cupped and massaged helped convince him that four of the women had legitimate claims of assault. A fifth woman, who testified by phone from her out-of-state college, failed to convince Brackley “beyond a reasonable doubt.”
“The law makes no distinction on the weight that the court may give to direct or circumstantial evidence,” he said after reading the verdict. “Not having a nurse or attendant in the examining room is suspect in this day and age.”
While defense attorney Nick Carter tried to convince Judge Brackley that the incidents were outside of Faubion's character, an expert witness he hired, Mark Heller, demonstrated that Faubion's massage technique was inappropriate.
The expert, Mark Heller, was brought in by Carter to try and prove that Faubion’s method of putting his hand under women’s shirts and bras to make chiropractic adjustments was accepted in the profession. Heller demonstrated his techniques on the chest of a hanging skeleton and over the clothes of a female attorney working with Carter.
But even after Carter got his expert to say that an underwire bra would get in the way of chiropractic treatment, Edelman pounced on cross-examination and seemed to land fatal blows to the defense’s attempt to layer doubt on the witness’ accounts.Asked whether the victims’ descriptions of having their breasts cupped, massaged or groped was appropriate for chiropractors, Heller said unequivocally no:“The way you’re saying it, no. Obviously nobody would do that,” Heller responded. “We’re not adjusting the breast itself.”
The Board of Chiropractic Examiners licenses nine other chiropractors in Gillette in addition to Faubion, even with the charges, the conviction. Carter said that Faubion has only seen male patients since December 2006.
The three-member board governs the state’s 203 licensed chiropractors. Its rules allow it to “suspend, revoke or deny licenses and take other disciplinary action” for violations including felony convictions; harassing, intimidating or abusing clients or patients; or engaging in sexual contact with a client or patient. “We’ve never had anything that I can really refer to in this regard,” Bridges said. Bridges said she could not reveal whether a formal complaint had been made to the board, pointing out such proceedings are not public record until they’ve been decided.
The Board's next meeting in May 17. Faubion's sentencing date is unknown.
Across the aisle, the four victims whose allegations were affirmed by the court sat just as silently at the end of what started as an emotional day of testimony for the prosecution’s last witness.A 43-year-old woman accuser cried as she told the courtroom how Faubion groped her breasts during a January 2005 visit to his office for back pain. Asked by Assistant County Attorney Bill Edelman if the Faubion’s touching felt sexual, the woman said yes.
“I thought so at first but after he explained it I thought I was being overly sensitive,” she said, occasionally dabbing her eyes with a tissue from a box next to her on the stand. “It just felt dirty. It didn’t feel medical to me.”
Brackley, who heard the trial after the defense waived its right to a jury, said such emotional testimony and detailed stories of breasts being cupped and massaged helped convince him that four of the women had legitimate claims of assault. A fifth woman, who testified by phone from her out-of-state college, failed to convince Brackley “beyond a reasonable doubt.”
“The law makes no distinction on the weight that the court may give to direct or circumstantial evidence,” he said after reading the verdict. “Not having a nurse or attendant in the examining room is suspect in this day and age.”
While defense attorney Nick Carter tried to convince Judge Brackley that the incidents were outside of Faubion's character, an expert witness he hired, Mark Heller, demonstrated that Faubion's massage technique was inappropriate.
The expert, Mark Heller, was brought in by Carter to try and prove that Faubion’s method of putting his hand under women’s shirts and bras to make chiropractic adjustments was accepted in the profession. Heller demonstrated his techniques on the chest of a hanging skeleton and over the clothes of a female attorney working with Carter.
But even after Carter got his expert to say that an underwire bra would get in the way of chiropractic treatment, Edelman pounced on cross-examination and seemed to land fatal blows to the defense’s attempt to layer doubt on the witness’ accounts.Asked whether the victims’ descriptions of having their breasts cupped, massaged or groped was appropriate for chiropractors, Heller said unequivocally no:“The way you’re saying it, no. Obviously nobody would do that,” Heller responded. “We’re not adjusting the breast itself.”
The Board of Chiropractic Examiners licenses nine other chiropractors in Gillette in addition to Faubion, even with the charges, the conviction. Carter said that Faubion has only seen male patients since December 2006.
The three-member board governs the state’s 203 licensed chiropractors. Its rules allow it to “suspend, revoke or deny licenses and take other disciplinary action” for violations including felony convictions; harassing, intimidating or abusing clients or patients; or engaging in sexual contact with a client or patient. “We’ve never had anything that I can really refer to in this regard,” Bridges said. Bridges said she could not reveal whether a formal complaint had been made to the board, pointing out such proceedings are not public record until they’ve been decided.
The Board's next meeting in May 17. Faubion's sentencing date is unknown.
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