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Local pharmacist, 600 others charged in largest ever health care fraud operation

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The following is a news release from the District of Idaho United States Attorney’s Office.

BOISE — Attorney General Jeff Sessions and Department of Health and Human Services (HHS) Secretary Alex M. Azar III, announced Friday the largest ever health care fraud enforcement action involving 601 charged defendants across 58 federal districts, including 165 doctors, nurses and other licensed medical professionals, for their alleged participation in health care fraud schemes involving more than $2 billion in false billings.

Of those charged, 162 defendants, including 76 doctors, were charged for their roles in prescribing and distributing opioids and other dangerous narcotics.

Thirty state Medicaid Fraud Control Units also participated in the arrests. In addition, HHS announced today that from July 2017 to the present, it has excluded 2,700 individuals from participation in Medicare, Medicaid, and all other Federal health care programs, which includes 587 providers excluded for conduct related to opioid diversion and abuse.

U.S. Attorney for the District of Idaho Bart M. Davis announced the District of Idaho’s participation in the National Health Care Fraud Takedown. In the District of Idaho, three defendants, all of whom are medical professionals, were charged for their roles in three separate fraud schemes involving controlled substances.

Jennifer Fanopoulos, 40, of Meridian, Idaho, is a registered nurse who pleaded not guilty on June 26, 2018, to an indictment charging her with multiple counts of obtaining controlled substances by fraud and identity theft. Fanopoulos’ trial is set for August 21, 2018, in front of Senior U.S. District Court Judge Edward J. Lodge at the federal courthouse in Boise.

Benjamin Hurley, 37, of Rigby, Idaho, is a pharmacist who pleaded not guilty on June 26, 2018, to an indictment charging him with two counts of obtaining controlled substances by fraud. Hurley’s trial will be set for a later date in front of U.S. District Court Judge David C. Nye at the federal courthouse in Boise.

John Steiner, 35, of Lewiston, Idaho, is a pharmacist who is charged in an indictment with multiple counts of obtaining controlled substances by fraud. Steiner is set to appear in court on July 3, 2018, before Chief U.S. Magistrate Judge Ronald E. Bush at the federal courthouse in Coeur d’Alene.

The charge of obtaining controlled substances by fraud is punishable by up to four years in prison, a maximum fine of $250,000 and one year of supervised release. The charge of identity theft is punishable by up to twenty years in prison, a maximum fine of $250,000, and three years of supervised release.

These three cases were investigated by the Drug Enforcement Agency Tactical Diversion Squad. The Department of Health and Human Services Office of Inspector General also assisted with the investigation of Fanopoulos.

An indictment is a means of charging a person with criminal activity. It is not evidence. A person is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.


He robbed a bank and then went shopping, according to police

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Craig Blankenship | Bonneville County Jail

IDAHO FALLS — After allegedly robbing a local bank, court documents show Craig Blankenship decided to go on a shopping spree.

Blankenship reportedly walked into the Bank of Commerce on West Broadway Tuesday morning and headed straight for a teller station. After allegedly walking off with over $1,000, documents show he went and bought a vape machine.

Investigators say Blankenship approached the bank teller around 9:30 a.m. and he handed her a handwritten note demanding all of the $20, $50 and $100 bills. After the teller filled up the plastic bags, Blankenship told her he was upset by the small amount.

Documents show he then ordered the teller to place all the $1, $5 and $10 bills in the bags. In all, he allegedly walked off with $1,672.

Investigators requested security footage from surrounding businesses and they were forwarded to police in the area. Blankenship was recognized by one of the officers.

According to documents, investigators found Blankenship had four recent run-ins with the Idaho Falls Police Department.

Investigators discovered after he allegedly robbed the bank, Blankenship purchased a vape machine, vape juice and a battery for the vape machine from Tobacco Connection.

He called an IF Taxi for a ride to the Grand Teton Mall where he used cash to purchase Nike Jordan shoes and two Nike t-shirts from Footlocker, according to documents. He bought Levi’s brand shorts from Macy’s and a Champion brand baseball hat from Zumiez.

Following Blankenship’s shopping trip, he reportedly checked into the Super 8 Hotel on Lindsay Blvd. where he paid for the room with cash.

Authorities were able to track Blankenship down at the hotel and take him into custody. He had a total of $1,186 that was seized as evidence.

According to documents, detectives attempted tried to interview Blankenship but he refused to talk and instead flung insults at the detectives. After some time, Blankenship requested an attorney.

He is being held in the Bonneville County Jail on $100,000 bond and is scheduled to appear in court on July 11 for a preliminary hearing.

Police: Stabbing suspect wanted revenge; 6 kids among injured

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(CNN) — Timmy Kinner wanted revenge for being kicked out of an Idaho apartment complex, police say.

So Kinner attacked a 3-year-old’s birthday party at the complex, which houses refugees, and stabbed nine people, including six children, Boise Police Chief William Bones said Sunday.

Kinner has been charged with nine counts of aggravated battery and six counts of injury to a child, Bones said.

Four victims have life-threatening injuries, authorities said. Six are between 3 and 12 years old.

They were “some of the newest members of our community,” Bones said, and included refugees from Syria, Iraq and Ethiopia.

Kinner is not a refugee and is from Los Angeles, police said. They said early evidence shows he was a temporary resident at the apartment complex until he was asked to leave on Friday. Police did not say why he was asked to leave.

“As you can imagine, the witnesses in the apartment complex — along with the rest of our community — are reeling from this attack,” the police chief said.

“This incident is not a representation of our community, but a single evil individual who attacked people without provocation that we are aware of at this time.”

Police said there is no indication the stabbing was a hate crime. The FBI is assisting with the investigation.

“Last night’s horrific attack does not represent Boise,” Mayor Dave Bieter tweeted. “Please join me in praying for the injured and their families. We must come together to condemn this vile act.”

An official from the International Rescue Committee praised Boise for its support of refugees.

“It is heartbreaking that adults and children who fled the horror of war and conflict to find safety in America had to experience violence all over again,” Hans Van de Weerd, vice president of US programs, said in a statement.

Victims were in parking lot and apartments

Police responded to a call of a man with a knife at 8:46 p.m. (10:46 p.m. ET) and arrived at the apartment complex four minutes later, Bones said.

“Officers located the suspect almost immediately, took the suspect into custody at gunpoint,” he said.

Police found the victims in apartments and the parking lot.

“You can imagine this is a very tight-knit community here in this apartment complex,” Bones said Saturday night.

“We haven’t had anything involving this amount of victims in a single attack in Boise in the history of the department,” he said. “Obviously, it’s something you hope never comes to your city.”

Woman, whose daughter was murdered in 2014, bails out of jail after facing drug charges

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REXBURG — A Rexburg mother arrested last week on injury to child and drug charges has bonded out of jail and filed for divorce from her husband, who was also arrested.

Kaci Phillips, 30, and Ryan Phillips, 34, were each charged June 27 with possession of a controlled substance, possession of drug paraphernalia and injury to child. Their six-month-old baby was placed in custody of the Department of Health and Welfare after police say the couple smoked marijuana in the same room as the child.

Ryan Phillips | Rexburg Police Department

The incident last week is Kaci’s third drug-related arrest in less than two months.

On June 1, she was charged with possession of a controlled substance and possession of drug paraphernalia. On May 3, she was charged with possession of drug paraphernalia.

After appearing in court and posting bond Friday, Kaci filed for divorce from Ryan, who is still in the Madison County Jail.

Their child remains in foster care, according to court officials, while court proceedings are underway.

In 2014, Kaci’s daughter, 14-month-old Kenzie Rose La Buy, was murdered by Adam Joseph Barney, 24, in Ogden, Utah.

Joseph Barney | Weber County Jail

Barney and Kaci were dating and he admitted to killing the toddler by punching her in the stomach “with everything I had.” He told detectives that after he punched the child, he wrapped Kenzie in a towel and squeezed her tightly until she stopped crying.

The Salt Lake Tribune reported Barney told police he “lashed out” at the victim because he was frustrated that the motel room was dirty, the other two children belonging to his girlfriend were misbehaving and Kenzie was crying.

Barney allegedly told police that after attacking the girl, he left the motel room to go walking with the three children. While they were out, Kenzie was “lethargic and acting as if she was short of breath,” according to court records. The girl died in her stroller after they returned to the room.

Kenzie Rose La Buy | GoFundMe

Barney was sentenced in 2015 for first-degree felony aggravated murder and will spend up to life in prison. Kaci did not attend the sentencing hearing and reportedly gave up custody of her other two children.

James La Buy, Kenzie’s father, said after Barney’s sentencing that he had been trying to gain primary custody of his daughter at the time of her death because Kaci was refusing requests to see Kenzie. He set up a GoFundMe account following his daughter’s death.

“Kenzie was my princess. She meant the world to me,” La Buy told the Ogden Standard Examiner in 2014. “She always wanted to be with daddy when I was with her.”

Kaci Phillips is scheduled to be arraigned July 10 on her latest charges and has court hearings scheduled July 11 and Aug. 1 on the other charges.

The 3-year-old girl stabbed at a Boise birthday party has died

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(CNN) — A 3-year-old girl who was stabbed at a birthday party in a Boise, Idaho, apartment complex has died from her injuries, the Boise Police Department said.

The unidentified 3-year-old, who had been flown to a hospital in Salt Lake City, was one of nine people injured in the stabbing, including six children. Of the remaining eight victims, one child was treated and released from the hospital, and seven others are still in the hospital, many with serious or critical injuries, Boise police said.

The suspect in the stabbing, Timmy Kinner, was being arraigned at Ada County Courthouse.

Kinner is accused of attacking the birthday party because he wanted revenge for being kicked out of the complex, Boise Police Chief William Bones said Sunday. The complex houses refugees, and the victims include refugees from Syria, Iraq and Ethiopia.

Kinner has been charged with nine counts of aggravated battery and six counts of injury to a child, Bones said. The charges against him may be amended as a result of the child’s death, police said.

Six of the victims are between 3 and 12 years old. They were “some of the newest members of our community,” Bones said.

Kinner is not a refugee and is from Los Angeles, police said. Police said an unnamed resident was allowing Kinner to stay there, but asked him to leave because of “his behavior.”

“As you can imagine, the witnesses in the apartment complex — along with the rest of our community — are reeling from this attack,” the police chief said.

“This incident is not a representation of our community, but a single evil individual who attacked people without provocation that we are aware of at this time.”

Police said there is no indication the stabbing was a hate crime. The FBI is assisting with the investigation.

“Last night’s horrific attack does not represent Boise,” Mayor Dave Bieter tweeted. “Please join me in praying for the injured and their families. We must come together to condemn this vile act.”

An official from the International Rescue Committee praised Boise for its support of refugees.

“It is heartbreaking that adults and children who fled the horror of war and conflict to find safety in America had to experience violence all over again,” Hans Van de Weerd, vice president of US programs, said in a statement.

Victims were in parking lot and apartments

Police responded to a call of a man with a knife at 8:46 p.m. and arrived at the apartment complex four minutes later, Bones said.

“Officers located the suspect almost immediately, took the suspect into custody at gunpoint,” he said.

Police found the victims in apartments and the parking lot.

“You can imagine this is a very tight-knit community here in this apartment complex,” Bones said Saturday night.

“We haven’t had anything involving this amount of victims in a single attack in Boise in the history of the department,” he said. “Obviously, it’s something you hope never comes to your city.”

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Woman accused of murdering father deemed mentally unfit for trial

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REXBURG — A woman accused of murdering her father at a Rexburg home was deemed mentally unfit to stand trial Monday.

Jessica Conser, 34, is being committed to a Department of Health and Welfare mental health facility until evaluations prove she is competent to stand trial for the murder of Mathew Travao. Conser allegedly shot Travao June 5 and “fully admitted and confessed” to driving from Montana to the Rexburg area to shoot and kill her father, according to court documents.

RELATED | Woman charged with murder tells detectives she intended to shoot and kill her father

“She was checked out psychologically, and at this time she is not competent to undergo any judicial proceedings,” Madison County Deputy Prosecuting Attorney Robert Wood tells EastIdahoNews.com.

Attorneys received a psychological report for Conser and an order for commitment was issued June 29, according to court documents.

“There was a stipulation between Sid Brown and the defense attorney (Jim Archibald) to have her committed at this time until she is deemed competent,” Wood says.

Conser “presently lacks the capacity to understand the proceedings against her and also lacks the capacity to assist in her own defense,” court documents state.

An evaluation of Conser’s progress in her mental condition must be conducted, prepared and sent to the court. The progress report will include an opinion on whether Conser is fit to proceed within the foreseeable future.

Conser was charged with one count of first-degree murder with a weapon enhancement.

Man accused of breaking into home, violently raping mother with children nearby

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Forrest Whittington | Fremont County Sheriff’s Office

EDITOR’S NOTE: This story contains disturbing descriptions of violence. Reader discretion is advised.

ST. ANTHONY — A local man is accused of breaking into a woman’s home and violently beating and raping her while her young children were nearby.

Forrest Whittington, 27, was arrested on June 22, after the victim reported the rape. When deputies arrived at her home, they noted she had severe bruises on her face and a cut under her eye that required 17 stitches.

According to court documents, the victim told deputies she and her two sons, ages six and 11, were sleeping in her room when Whittington allegedly broke into the home. She said she was yanked out of bed around five a.m. to Whittington holding a knife.

He allegedly told her to come with him and she was dragged and pushed out of the bedroom. The victim said she fought him but was worried about angering him to the point where he might hurt her boys. She said she kept asking him to stop and not to hurt her children.

For 30-40 minutes, the victim says Whittington beat and hit her and then forced her into sex despite attempts to fight him off. Documents indicate there was a significant amount of blood as a result of her injuries.

Evidence photos, viewed by EastIdahoNews.com, showed significant injuries to the victim’s face including a stitched laceration under her eye.

Whittington allegedly told her that she ruined his life and “he was going to get something for it.” The victim told deputies that she had problems with Whittington “going back a long time.”

According to court documents, the victim said one of her sons entered the room and Whittington told her to get him out.

One of her sons later told deputies that Whittington told him to give him his mother’s phone. The victim said Whittington told her, “I’m going to take it so that you can’t call the cops.”

When Whittington finally left, the victim went and got her gun and loaded it.

“A little bit later, mom came in and told us to lock ourselves in the bathroom,” one of the boys said in a written statement. “After a little while she came and told us to run to the car and I grabbed my jacket and boots and ran to the neighbor’s house. There were no keys in the car.”

The victim told deputies that she and her sons ran to her neighbor’s house. She said she didn’t know where Whittington had gone so she had her son’s knock on the door as she stood back with her gun in hand. She said when her neighbor opened the door and let them in, she broke down crying.

After Whittington was taken into custody, his probation officer arrived asking for a urine sample. Whittington admitted to taking methamphetamines and said he would probably test positive for them.

At the time of the alleged attack, Whittington was on probation. He has multiple misdemeanor convictions of telephone use to annoy or harass and trespassing dating back to 2012. He was also convicted of felony burglary, probation violation, telephone use to annoy or harass and a misdemeanor drug charge.

It is unknown if any of these convictions have any relation to the victim in this case. There was a no contact order in place against him, which he was charged with violating in this case.

Whittington is facing one count of felony rape, two counts of felony aggravated battery, one count with a deadly weapon enhancement and one count with a severe bodily harm enhancement. He is also facing one felony count of destruction of a telephone, two misdemeanor counts of violating a no contact order and four other misdemeanor charges.

He is scheduled to appear in court for a preliminary hearing on July 11 and could face up to life in prison if convicted.

Allegedly drunken man arrested after exposing himself at Walmart

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Joseph M. Burns

AMMON — A man who police say was heavily intoxicated was jailed Wednesday after exposing his genitals at the Ammon Walmart along 25th East.

Police reports show at around 10:30 p.m. Bonneville County Sheriff’s deputies received a report of a man walking around the store with the zipper of his pants down and his genitals hanging out of his pants. The man was later identified as Joseph M. Burns, 26, of Swan Valley, according to sheriff’s spokesman Sgt. Bryan Lovell.

Witnesses followed the man to his vehicle in the parking lot where deputies located him without a shirt and with his genitals still hanging out of his pants, Lovell said.

Lovell said the man’s motive is unclear, but Burns was heavily intoxicated. After a series of field sobriety tests deputies arrested Burns and booked him into the Bonneville County Jail on misdemeanor indecent exposure and driving under the influence charges.

A breath test performed at the jail showed Burns had more than twice the legal limit of alcohol in his system.

Burns will be arrianged Thursday.


Ada County Prosecutor weighing death penalty in Boise mass stabbing attack

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Timmy Kinner

BOISE (KIVI)- Ada County Prosecutor Jan Bennetts says a decision whether to seek the death penalty for a man charged in a mass stabbing in Boise last weekend will be made as soon as all evidence is reviewed.

On Monday, July 2, the Ada County Prosecuting Attorney’s Office charged Timmy Kinner with one count of first degree murder and eight counts of aggravated battery — in addition to a sentencing enhancement for the use of a deadly weapon — in commission of a felony, in connection with the stabbing attack against nine people in a northwest Boise apartment complex on Saturday, June 30. A three-year-old girl died as a result of the attack.

RELATED: The 3-year-old girl stabbed at a Boise birthday party has died

Kinner is being held without bond and is scheduled for a preliminary hearing on July 16, at 8:30 a.m. at the Ada County Courthouse.

In response to media inquiries regarding the death penalty, Bennetts stated,

“First-degree murder is an offense under Idaho law that is eligible for the death penalty. My office is working diligently to review all of the evidence in this case. The investigation is ongoing and law enforcement is working very hard to conduct a thorough investigation, compile all of the police reports and provide the completed investigation to my office.

“The decision of whether to seek the death penalty cannot be made until all of the facts, circumstances and statutory factors are considered and weighed pursuant to Idaho law. A decision regarding the death penalty will be made as soon as law enforcement completes the investigation, we have an opportunity to review all of the evidence and we consult with the victims and their families.”

Bennetts added, “On behalf of my office, our thoughts continue to be with the victims and their families as well as with the first responders and with our entire community impacted by the events of Saturday evening.”

This story was originally published by fellow CNN affiliate KIVI. It is used here with permission.

Woman arrested after allegedly stabbing boyfriend at Idaho Falls gas station

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IDAHO FALLS — A woman was arrested early Thursday morning after police say she stabbed her boyfriend at a gas station.

Natasha Cook, 34, was taken into custody on one charge of aggravated assault.

Police were called to the Stinker Station at 1485 W. Broadway around 3 a.m. where they found a 34-year-old man bleeding, according to Idaho Falls Police spokeswoman Holly Cook. The man was taken to Eastern Idaho Regional Medical Center for treatment.

Cook was booked into the Bonneville County Jail. She is expected to appear in court Thursday.

Bingham County man arrested for allegedly killing wife

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Eugene R. Ruff

ABERDEEN — An Aberdeen man has been arrested on first-degree murder charges for the death of his wife.

Eugene R. Ruff, 63, was booked into the Bingham County Jail on Thursday night.

Police reports show the Bingham County Dispatch Center received a call from a residence at 3200 West 2202 South in Aberdeen around 9:45 p.m. When officers arrived from the Aberdeen Police Department and the Bingham County Sheriff’s Office it was determined that a Bettilee P. Ruff, 62, was deceased, according to a news release.

Bingham County and Blackfoot Police detectives were called to the scene to investigate. After contacting Eugene Ruff authorities say they determined he had killed his wife.

The cause of death has not been released pending an autopsy, Bingham County Sheriff Craig Rowland told EastIdahoNews.com.

Eugene R. Ruff is expected to appear in court Friday afternoon.

No other information was immediately available.

Two arrested in connection to Preston gunfire

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Bret Sanley Hansen (left) BreAnn Choules (right) | Chache County Jail

PRESTON — Two people were arrested after reports of a gun being fired.

The Preston Police Department responded to the area of South 300 East after multiple 911 calls reporting people yelling and the sound of a gunshot.

According to a news release from the Preston Police Department, no one was injured as a result of the gunshot.

Officers took Bret Stanley Hansen and BreAnn Choules into custody. Hansen was booked into the Cache County Jail on suspicion of three felony counts of aggravated assault, two felony counts of aggravated battery and one count of misdemeanor discharging a firearm within city limits.

Choules was arrested on one count of misdemeanor battery.

No details were available regarding the circumstances of the gunshot. Police Chief Mike Peterson was not immediately available for comment on the situation.

Baby boy ‘miraculously’ survives after being buried alive in Montana wilderness

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File photo | EastIdahoNews.com

MISSOULA COUNTY, Montana — Authorities in Montana say a baby boy is lucky to be alive after surviving nine hours in the cold.

KTVB reports an infant had been buried alive in the woods and was rescued Sunday morning.

The search for the baby occurred after deputies received reports around 8 p.m. Saturday about a man acting strangely near Lolo Hot Springs, about 35 miles outside of Missoula, Montana.

Witnesses told Missoula County Sheriff’s Office the man had a gun and was threatening people.

When deputies got there, they learned a 5-month-old boy left in the suspect’s care had not been seen for hours.

The suspect was later identified as 32-year-old Francis Carlton Crowley. As authorities began the search, a 911 caller told them Crowley had come back to the hot springs.

There was still no sign of the baby but deputies arrested Crowley.

“When trying to question Crowley, he appeared to be under the influence of drugs and was not making sense to officers,” the sheriff’s office wrote in a Facebook post.

Crowley told them the baby was “possibly buried” somewhere in the mountains, according to investigators.

Multiple agencies assisted in the search. After more than six hours, KTVB reports one deputy “heard the faint cry of a baby.”

The baby was found buried facedown beneath a pile of sticks and debris, wearing only a onesie. Officials say the temperature at the time was only about 46 degrees.

The baby was taken to the hospital and listed in good condition Sunday.

Crowley is in the Missoula County Detention Facility on a felony charge of criminal endangerment. Additional charges are pending, according to the sheriff’s office.

“For all of us at the sheriff’s office, this is what we call a miracle,” the sheriff’s office posted. “For the officers who were present for this event, it’s especially hard knowing what this small baby endured in the last 24 hours. Sheriff McDermott would like to thank those who assisted in the search and those who called 911, helping first responders bring this baby to safety.”

Man collapses while being sentenced on child pornography charges

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Brandon Jay Rydalch | Bonneville County Jail

IDAHO FALLS — A man being sentenced for child pornography collapsed while giving his statement.

Brandon Jay Rydalch, 33, was sentenced to 10 years in prison with two years fixed and eight years indeterminate on each of his multiple felony counts of possession of child pornography on Monday. The sentences will run concurrently with one another.

“It’s a significant sentence, but I hope my comments today reflect that the offense demands this,” District Judge Dane Watkins said during sentencing. “You will have opportunities, in the future, to be in the community again. I suspect that you will do well.”

Rydalch’s defense attorney Rock Wixom argued Rydalch should have only been given probation in part due to the fact the pre-sentencing investigation showed he is a low risk to actually harm a child himself. Unlike his co-defendant Bryon Lee Moore, 36, who not only introduced Rydalch to child porn but also molested a young girl since the time she was an infant.

Bonneville County Chief Deputy John Dewey argued for a 10-year sentence with two and a half years fixed and seven and a half years indeterminate. He said Rydalch knowingly allowed Moore to place child pornography on his computer and then engaged in viewing it.

“The possession of child pornography is outlandish and I am deeply sorry for it,” Rydalch said tearfully in his statements to the court. “Jail is a horrible place. I hate it. I can’t stand being away from my wife.”

While talking about his wife and apologizing again, Rydalch suddenly collapsed falling to the floor. The bailiff called for assistance and within moments a number of officers came running into the courtroom.

While on the floor, Rydalch asked if his mother, who was in the courtroom, had her inhaler with her because he needed it. He said he is asthmatic and has his own prescription inhaler but that he left it at the jail prior to arriving at court. He said he similarly collapsed in the past.

Rydalch told Watkins that he was not injured and wanted to continue. Watkins allowed Rydalch to rest for around 10 minutes and then continued, however, Rydalch was no longer required to stand as is customary during sentencing.

When the proceedings resumed, Rydalch concluded his earlier statements by asking for the mercy of the court.

Watkins acknowledged that Rydalch provided a clean polygraph test and said sentence would have been potentially much different if he had not.

“It is true, in your case, that no child was touched but as highlighted and understood by both attorneys — there are children who are victimized nonetheless,” Watkins said. “And just because none of those children will walk through these courtroom doors with or without their parents and provide some impact statement — they exist.”

Police investigating after mailbox is smashed by watermelon

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Courtesy Rexburg Police Department

REXBURG — Rexburg residents contacted police after finding their mailbox completely obliterated by a watermelon over the weekend.

Rexburg Police Captain Randy Lewis tells EastIdahoNews.com the incident may have happened Saturday night or Sunday Morning.

“We don’t know who it was,” Lewis said. “Malicious injury to property is what it is.”

He said it appeared someone catapulted the fruit at the mailbox in the Millhollow area causing around $50 to $100 in damages.

Although there aren’t any leads, Lewis says the case is open and under investigation.

If anyone has any information on the crime, police ask you to contact the Rexburg Police Department at (208) 359-3008.


Preston teacher pleads not guilty in animal cruelty case

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Robert Crosland

PRESTON — The school teacher who allegedly fed a live puppy to a snapping turtle pleaded not guilty to an animal cruelty charge Tuesday.

Robert Crosland, a junior high school science teacher, was arrianged in Franklin County Magistrate Court in front Judge David Hooste, according to the Idaho Attorney General’s Office.

The Attorney General’s Office, which is prosecuting the case, filed the misdemeanor animal cruelty charges on June 1. The office got involved because the Franklin County prosecutor recused himself from the case.

According to charging documents obtained by EastIdahoNews.com, on or about March 7, Crosland “did treat an animal – a vertebrate member of the animal kingdom – in a cruel manner: to wit, fed a live puppy to a snapping turtle subjecting the animal to needless suffering or inflicting unnecessary cruelty.”

Crosland, who taught at Preston Junior High School for years, was thrust into the national spotlight after EastIdahoNews.com first reported the puppy feeding incident earlier this year.

Authorities seized the turtle, and days later, the Idaho Department of Agriculture announced it had been “humanely euthanized” because the reptiles are considered invasive species.

The story made headlines around the world, and many demanded that Crosland be charged. Petitions demanding he be fired and calling for him to keep his job have gathered thousands of signatures.

Under Idaho law, if Crosland is found guilty, he could serve up to six months in jail and be fined up to $5,000.

Crosland is scheduled for a trial Oct. 26 with a pretrial conference Oct. 9.

Man gets withheld judgement after having sex with teen

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IDAHO FALLS — A local man was given a withheld judgment after having sexual relations with a then 15-year-old girl.

Kalin Christensen, 21, was ordered to spend 30 days in jail with work release, complete 100 hours of community service and spend 10 years on probation as the terms of the withheld judgment. If Christensen abides by those terms, it is possible the charge will be removed from his record. If he doesn’t, he will again appear before the court, where he will be sentenced.

Christensen pleaded guilty to felony injury to a child in May as part of a plea agreement that reduced his charge of rape where the victim is 16 years old or younger and the perpetrator is three or more years older. That agreement also stipulated the prosecution would argue for Christensen to be placed on a rider and be given five years probation after successfully completing the rider program.

“I will follow the recommendation for a withheld judgment because I think you can earn that through the course of what’s expected of you, or you will lose the withheld judgment (and) you will come back before the court and I will send you to prison,” District Judge Dane Watkins said.

During the sentencing hearing, Kristopher Meek, Christensen’s defense attorney, gave Watkins a stack of 22 letters of support for Christensen from former Scout leaders, members of his LDS ward and friends and family regarding Christensen’s character.

Meek argued the presentencing investigation report said Christensen had a higher possibility of reoffending if he were sent on a rider than if he were simply given probation.

Meek also made the point during court that the victim divulged at one point that she had multiple sexual partners, some of whom were 18 years old.

Bonneville County Chief Deputy Prosecutor John Dewey said that fact should have no bearing on the court’s ultimate decision. He argued Christensen was responsible for the situation. He chose to be alone with the victim, he chose to deviate from their original plan of getting ice cream, and in the end he is an adult and she is a child.

According to court documents, the victim said Christensen forced her to have sex with him. Christensen, however, said the victim was sexually aggressive towards him, and he was never forceful with her.

During the presentencing investigation, Christensen underwent a polygraph test. Dewey and Meek agreed Christensen gave a clean polygraph with no signs of deception. Meek argued that fact lent credence to Christensen’s version of what happened.

“I just kind of want to move on with my life,” Christensen said in his statements. “This kind of put a damper on my life so far. I just want to apologize for my mistake. I know it was a mistake, and I put myself in a bad situation.”

Watkins ordered Christensen to undergo sex offender treatment; however, Christensen will not be required to register as a sex offender because the charge of injury to a child is not a sex crime.

A man harasses a woman for wearing a Puerto Rico shirt, saying it’s ‘un-American’

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(CNN) — An Illinois park is investigating after a woman accused one of its police officers of standing by as a man harassed her for wearing a shirt with the Puerto Rican flag, saying it was un-American.

Mia Irizarry says she was trying to celebrate her 24th birthday in the Forest Preserves of Cook County last month when the man approached her asking her why she was wearing the sleeveless Puerto Rico flag shirt, which also had “Puerto Rico” written below the neckline.

Irizarry recorded the encounter on her phone, saying she felt threatened, and posted the video to Facebook.

On Monday, Forest Preserves of Cook County tweeted that it was aware of the June 14 incident and video.

‏”After the incident, we immediately launched an investigation pursuant to our personnel policies into the response of our officer,” it said, in a series of posts on Twitter.

“The investigation is ongoing and the officer involved has been assigned to desk duty pending the outcome.”

Timothy G. Trybus, the intoxicated individual involved in the incident, was arrested and charged with assault and disorderly conduct, according to a police report.

CNN has attempted to reach Trybus for comment.

“All people are welcome in the Forest Preserves of Cook County and no one should feel unsafe while visiting our preserves,” the agency said.

On Tuesday, park spokeswoman Stacina Stagner said investigators will interview the officer this week about the incident. She said the investigation would wrap up soon, but did not elaborate on a timeline.

‘Officer, I feel uncomfortable’

In the footage, the man can be seen approaching Irizarry saying: “You should not be wearing that in the United States of America.” He gets closer to her and asks “Are you a citizen? Are you a United States citizen?”

Irizarry can be heard saying that Puerto Rico is part of the United States and the man approaches her multiple times.

Irizarry asks a park police officer to help, saying, “I am renting this area and he’s harassing me about the shirt that I’m wearing.”

Later she says: “Officer, I feel entirely uncomfortable, can you remove … please officer” as the officer is seen walking away from her.

Then she says: “Officer, I’m renting, I paid for a permit for this area. I do not feel comfortable with him here, is there anything you can do?”

The officer can then be seen talking to the man who gesticulates back and tells him to “shut the f*** up.”

Female officer steps in

More police arrive and Irizarry says she still doesn’t feel safe. The man resumes his abuse, saying: “You’re not American, if you were American you wouldn’t wear that. You know that right?”

A female officer asks to see his ID and can be heard telling him that he’s intoxicated, to which he replies, “Well that’s your judgment.” She explains that Irizarry has a permit and she warns him that he could be arrested “for not being compliant.”

“You don’t come here harassing people,” the officer continues. “People have just as much right to be here as you and when you’re drunk, you don’t belong here.”

The female officer then speaks with Irizarry, who gives her version of the incident and the officer explains that they were called to the area after a report that a man was choking a woman.

Eventually the first officer on the scene takes notes of Irizarry’s account of the incident and says that he was at the scene due to the separate incident, noting that she was not being attacked though acknowledging she felt threatened.

Irizarry can be heard explaining to the officer that the incident began when they had asked the group the man was in if they could move as they had a permit for the area. She said the group politely complied but her Puerto Rico shirt appeared to act as a trigger to the man.

Puerto Rico Gov. Ricardo Rossello was on CNN’s Erin Burnett “OutFront” on Tuesday night discussing the incident. He said he was “shocked, appalled and disgusted” when he watched the video.

“This was an attack of an American citizen on another American citizen,” he said. “Puerto Ricans have been part of the United States and we’ve been fighting wars with other fellow Americans. We are proud US citizens. People need to understand that.”

US commonwealth

Puerto Rico is a US commonwealth with its own constitution, rather than a state. Puerto Rican residents have been American citizens since 1917 and have the right to vote in US presidential primaries, but not in presidential elections.

The Trump administration has received criticism for its treatment of Puerto Rico, particularly for its response after Hurricane Maria struck last September.

The official death toll from Maria stands at 64 but a recent Harvard study estimated 4,645 people could have perished.

Calling for statehood, Puerto Rico’s representative in the House, Resident Commissioner Jenniffer González-Colón last month said, “Hurricanes Irma and María unmasked the reality of the unequal treatment of the American living in Puerto Rico.”

Utah seeks death penalty for couple charged with murdering 3-year-old daughter

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EastIdahoNews.com file photo

OGDEN, Utah (KSTU) — The State of Utah filed a notice Tuesday stating they are seeking the death penalty in the case of a couple accused of murdering their 3-year-old daughter and trying conceal the injuries with makeup.

Miller Costello and Brenda Emile were arrested in July of 2017 after the couple’s 3-year-old daughter was found dead.

Police said at the time there was evidence of abusive trauma. Authorities also removed a younger sibling from the couple’s home. The pair had recently moved to the area.

Police said the child appeared to have suffered extensive injuries caused by abuse, and they say Emile admitted to officers that she covered the child in makeup to conceal the injuries “so they didn’t look so bad.”

Weber County Attorneys filed a notice in Second District Court Tuesday of their intent to seek the death penalty against both Costello and Emille. Both are charged with aggravated murder as a capital felony.

RELATED CONTENT:

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No bail for Utah couple accused of starving, beating toddler to death

This article was originally published by fellow CNN affiliate KSTU. It is used here with permission.

Stormy Daniels arrested at Ohio strip club. Her attorney calls it a setup.

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(CNN) — Adult film actress Stormy Daniels was arrested early Thursday at an Ohio strip club for allegedly touching patrons on stage in violation of state law.

Daniels, who gained notoriety after suing President Donald Trump following an alleged affair, faces three misdemeanor counts of illegally touching a patron and will be arraigned Friday morning, court records show. She posted a $6,054 bail and was released Thursday morning.

Daniels will plead not guilty to the three misdemeanor charges, her attorney, Michael Avenatti, tweeted.

‘It reeks of desperation,’ Avenatti says

Avenatti said his client was taken into custody while performing at a strip club in Columbus.

“She was arrested for allegedly allowing a customer to touch her while on stage in a nonsexual manner! Are you kidding me?” Avenatti tweeted.

“They are devoting law enforcement resources to sting operations for this? There has to be higher priorities.”

Under Ohio law, an employee who regularly appears nude or seminude is prohibited from touching patrons on the premises of a sexually oriented business — unless it’s a family member.

Avenatti said Daniels, whose legal name is Stephanie Clifford, was arrested while “performing the same act she has performed across the nation at nearly a hundred strip clubs.”

“This was a setup & politically motivated. It reeks of desperation,” his tweet said. “We will fight all bogus charges.”

Documents accuse her of fondling patrons

In a probable cause affidavit obtained by CNN affiliate WSYX, detectives who were at the Sirens Gentlemen’s Club said they observed Daniels remove her top and force patrons’ faces into her chest.

“The officers also observed Ms. Clifford fondling the breasts of female patrons,” Franklin County Municipal Court records show.

When officers witnessed those activities, three detectives approached the stage. Daniels allegedly made her way toward two detectives, leaned over and grabbed their faces. She shoved each of their faces between her breasts, court documents said.

She fondled a third officer’s buttocks and breasts, according to the documents, and then forced the officer’s head between her breasts and smacked the officer’s face with her breasts.

Daniels was one of three people arrested at the club, but it’s unclear who the other two were.

CNN has reached out to the Columbus Police Department for more details.

The Sirens Gentlemen’s Club had posted on its website that Daniels was scheduled to perform there Wednesday and Thursday. A person who answered the phone at the club declined to comment. Avenatti tweeted that his client would not perform at the club Thursday night.

Daniels made headlines worldwide over revelations of an alleged affair with Trump in 2006 — and for the $130,000 she said she received from his attorney in 2016 in exchange for her silence. The White House has said Trump denies an affair happened.

She is suing Trump and his former personal lawyer, Michael Cohen, to be released from a nondisclosure agreement that she says she signed days before the 2016 presidential election to prevent her from publicly discussing the alleged affair.

Avenatti alleges the payment was a violation of campaign finance law and was designed to suppress speech. Trump has said he personally reimbursed Cohen for that payment.

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