LATAH COUNTY PROSECUTOR’S OFFICE
WILLIAM W. THOMPSON, JR.
PROSECUTING ATTORNEY
Latah County Courthouse
P.O. Box 8068
Moscow, Idaho 83843-0568
Phone: (208) 883-2246
ISB No. 2613
IN THE DISTRICT COURT OF THE SECOND JUDICIAL DISTRICT OF THE
STATE OF IDAHO, IN AND FOR THE COUNTY OF LATAH
STATE OF IDAHO,
Plaintiff,
V.
STEVEN JAMES SITLER,
Defendant.
Case No. CR-2005-02027
STATE’S RESPONSE TO “AFFIDAVIT OF MARK T. MONSON,” “DECLARATION OF DEAN WULLENWABER” AND “DEFENSE SUBMISSION”
COMES NOW the State of Idaho, by and through the Latah County Prosecuting Attorney, and respectfully submits the following preliminary response to the Affidavit of Mr. Monson, Declaration of Mr. Wullenwaber, and “Defense Submission,” all filed with the Court on January 13, 2016:
Unfortunately, the factual representations propounded by Mr. Sitler’s counsel evidence the pitfalls of off-the-record proceedings such as the telephone conference that occurred in late December, 2015. The State and Department of Correction have relied on the express language of the Court’s subsequent December 24, 2015, order — including the new provisions of condition number 19. If Mr. Sitler disagreed with the wording of the Court’s December 24, 2015, order or felt that it did not accurately reflect the defense’s understanding of what had been discussed telephonically off-the-record, he should have made his objections known when he was afforded the opportunity to do so.
The State respectfully submits that if the Court wishes to avoid recurrences of this type of post facto debate, it can simply specify individual persons with whom the Department of Correction is to allow contact with the defendant by written order, with the names of the individuals redacted so as to protect their identities, but with the proceedings otherwise being open consistent with Idaho Court Administrative Rule 32(i). The parties, and IDOC, then know precisely what is and is not to be permitted and can readily proceed in accordance with the Court’s order.
Respectfully submitted this 14 day of January, 2016.
