March 24, 2004
In addition to their usual court appearances, Boundary County Prosecutor Jack Douglas and deputy prosecutor Denise Woodbury handled preliminary hearings on five felony cases March 15.
Preliminary hearings are court proceedings held only on felony cases, providing the accused protection against unwarranted charges without the expense of the grand jury. Its purpose is to determine whether or not a felony crime was committed and whether or not reasonable probable cause exists to believe the defendant probably committed that crime. The defendant, usually through defense counsel, is allowed to question the prosecution’s case and evidence and to question witnesses brought to the hearing. If probable cause is deemed by the judge to exist, the defendant is bound over for arraignment (their “first appearance), at which time they enter a formal plea of guilty or not guilty.
The first felony case was State of Idaho versus Melissa Nichols, 30, Naples, who is charged with grand theft for allegedly using another person’s credit card to pay for personal car repairs and buy a computer and other items in March, 2003. The preliminary hearing in the case was contested, but Judge Justin Julian found that probable cause did exist, and ordered Nichols bound over for arraignment April 6 before Judge James Michaud.
The
hearing in a felony drug case against Annette Stuurmans (right), 52, Bonners
Ferry, was vacated to allow the defendant time to obtain an attorney and to
allow the state to make arrangements to have all the necessary witnesses
present. Stuurmans is charged with two counts of obtaining a controlled
substance by forgery for allegedly altering prescriptions for methadone issued
by a local doctor in October and November, 2003, to obtain more medication.
Douglas said he intends to give this case the attention it deserves, saying the problem of prescription drug abuse in the county has been growing. He expects the hearing to be held in about three weeks.
Myles
Meador (left), 22, Sandpoint, waived his right to a preliminary hearing and
agreed to be bound over for arraignment May 4 on charges of malicious injury to
property and burglary, both felonies, for allegedly breaking into Evergreen
School December 7, 2003, and causing over $1,000 in damage by breaking windows,
knocking over a copy machine, knocking holes in walls and breaking into the
principal’s office.
Douglas cited excellent work by sheriffs detective Mike Naumann in bringing the case.
Also
waiving preliminary hearing was James Farber (right), 46, Bonners Ferry, who is
charged with possession of a controlled substance with intent to deliver, a
felony, and operating a motor vehicle while under the influence of a controlled
substance, a misdemeanor. He was stopped on U.S. 95 near milepost 506 March 3,
2004, and found in possession of a quantity of methamphetamines. He was
additionally believed to be under the influence of the drug. His arraignment
will be held April 6.
The day’s final preliminary resulted in another continuance. A request by the attorney for Michael Gunner, 44, Porthill, who is charged with fraudulent use of a financial transaction card, was granted to allow the defense additional time to prepare.