Idaho Statesman$2 MAY 31, 2015

SUNDAY EDITION

IDAHOSTATESMAN:AMcClatchyNewspaper, 1200N. Curtis Road, Boise, ID • P.O. Box 40, Boise, ID 83707 • (208) 377-6200 •©2015 Idaho Statesman, Vol. 150, No. 310, 5 sections, 52 pages

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STATESMAN EDITORIAL

Bartlett shouldfollow Raneyas Ada sheriff

DEPTH, D1

IDAHO SPELUNKING

EXPLORERS KEEP

CAVE PRISTINEMeet the exquisite Three Sentinels

NEWS, A8

BIG JUNE CALENDAR

As summerstarts, getout, cool off

EXPLORE, E1

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BRAND NEW LOCATION

All under one roof • GuArAnteed best pricinG

1749653-02Ave biG on All powersports - Accessories - GeAr & clothinGsA

Onatwo-lanehighwaynearNew

Plymouth inthefallof2011, aPayette

Countysheriff’sdeputywasrespon-

dingtoa911callwhenhecrashedinto

aJeep,killing itsdriver.Thedeputy

waschargedwithfelonyvehicular

manslaughter,but theprosecuting

attorneysaidhehadnochoicebut to

dismiss thechargesafterabungled

IdahoStatePolice investigation.The

agencynowfacesat least three law-

suits fromofficerswhosaytheywere

punishedforrefusingtoshadetheir

findings toprotect thedeputy;also,

three lawsuitsalleging illegalsearch-

eshavebeenfiledagainst thetrooper

wholedthecrash investigation.

Theseallegationscometo lightas

otherrecentcasesraisequestions

abouthowISPmanages itspersonnel

andinvestigations.ReporterCynthia

Sewellbreaksdownwhat thecourt

documentsreveal.

DEPTH,D1

IDAHO STATE POLICE

AGENCY HIT WITH SUITS,RETALIATION ALLEGATIONSInvestigators claim their

ISP bosses basically insistedthat results from an inquiryinto a fatal crash be changed

TheGemCounty prosecuting

attorney reported trooper

misconduct to Idaho State

Police inMarch 2013:

ISP crash investigator

QuinnCarmack testified in

anApril 2012 hearing that

his bosses ordered him to

change the crash report:

The crash victim’s daughter sued Idaho State Police in February for

manipulating an investigation to protect a fellow law enforcement officer:

!READ COURT DOCUMENTSFROM THE LAWSUITS

IdahoStatesman.com

IraqandAfghanistanweredifferent

kindsofwarfare, leaderssaid fromthe

start,withcounterinsurgencytraining

thekey.NowtheArmyisbacktoput-

tingsoldiers in tanksandontradition-

albattlefieldsas itprepares forpos-

sible futureconflictsagainst“pro

teams” and not just the “amateurs.”DEPTH,D1

U.S. MILITARY

Army prepares for waron a grander scale

BASQUE SOCCER

Game in Boise willhave to be movedafter loss by AthleticBilbao SPORTS, S1

IDAHO HISTORY

Boise Basin’s bandsbrought a big partof frontier life to1860s ARTHURHART, A6

Apushisbeingmadetofindandprocesshundredsofneglectedrapekits thathaveallowedoffenders toremainfreewhile theirDNAevi-dencesitsonashelf.Andalreadythere isasadtrend:Manyrapistsarerepeatof-fenderswhomighthavebeenstoppedwithtimelytesting.NEWS,A10

Part 1of2-partseries

FORENSICS

PUTTING RAPISTSBEHIND BARS

Halestorm, frontedbyLzzyHale,willplay inGardenCityonJune10.AndlatelyHalehasbeeneverywhere.Deedscatchesuptothedy-namic performer for a Q&A.EXPLORE,E1

MICHAEL DEEDS

‘ROCK CHICK’AT REV CENTER

The30thanniversaryofaStevenSpielbergfilmthat’sacult favoritehasarrived. InnorthwestOregon,youcanvisit thehaunts.EXPLORE,E1

ASTORIA, ORE.

‘Goonies’ time

Doctors saysomenewdrugsand treatmentsare “game-changers”—except theydon’twork foreveryone, and they’reawfullyexpensive.NEWS,A14

MEDICINE

Fighting cancer

D OPINIONS D4 • LETTERS TO THE EDITOR D5 • FREE SPEECH PRO/CON D7 • KRAUTHAMMER D8 SUNDAY, MAY 31, 2015

Depth

Sofar ithasbeenanorderlytransition inAdaCountyastherespectivepartiescon-

sidercandidates toreplaceSheriffGaryRaney,whoseresig-nationiseffectiveJune30.

Ameetingof theAdaCountyRepublicanCentralCommitteeonTuesdayresulted intwonamesbeingforwardedtotheAdaCountyBoardofCommis-sioners,whoaretaskedoverthenext 10daysorsotonameasheriff to fillout theroughly18monthsremaining inRaney’sterm.

RandyFolwell, a28-yearveteranof theAdaCountyde-partmentwhoretiredasacap-tain in2011,nosedoutRaney’spreferredsuccessor,SteveBar-tlett, in thatpolitical setting.Bartlett, alsoacaptain,has 12years intheagencyandexperi-enceservingaspolicechief inEagle.

Wedon’tknowwhat thedealbreakerwasthatcausedtheGOPtoorder thecandidates thewaytheydid,but that’snot thewaywerankthem.

Ifyouappreciate theworkandstellarreputationofRaney,youhavetoappreciateandrespecthisrecommendationforasuccessor.Bothcandidatesworkedforhim.Whoknowsthemostabout theirperformance?ThatwouldbeRaney.Weappre-ciateRaney’sendorsement, soBartlett isourchoice,andweurgethecountycommissionerstochoosehimaswell.

People intheknow, includingRaney,agreethatFolwellandBartletthavewell-roundedexperienceandstackupsimi-larlyonpaper.But thesepara-tionbeginsbyaskingwhichoneismoreengagedinwhat isgoingoninthedepartment today. It’snotFolwell,wholeft fouryearsago.

WeapplaudFolwell forwant-ingtogetback intopublicser-vice,but this isa fairlyshortappointment,whichwillbeinterruptedbyanelectionto-wardtheend.Whobetter toguidethedepartment tothatpoint thanapersonwhoispluggedin?ThatwouldbeBar-tlett.

If therewassomethingwronginthedepartment—somein-surrectionorscandal—wemightbe lookingforoutsidecandidates,butwearenotawareofanysuchproblems.That’snottosayRaneyiswithoutdetrac-torsandcritics,andhissucces-sorwon’tbe,either.

WehavethesamequestionaboutFolwell thatRaneyhas: “Ifsomebodyretires fouryearsago,whatdrawsthembackintoa jobthat ishalfagainas intenseas theonethathe left?”

BeingAdaCountysheriff isademanding job, if it isdoneright—withfulldays, fullnightsandlotsofcommunity interaction.

Whoisreadyto lead?“Steve(Bartlett)hasproven

hecanbeeffectiveat leading.Heknowsthecurrent issues,”Ra-neysaidduringaconversationThursday. “Hehasthesupportof theagencyandourpartnerlawenforcementagencies.”

Bartlett isontopof the$21million incapital improvementsthedepartmenthasontap.HejustreturnedfromWashington,D.C.,whereagrantrequestheauthoredwasoneof20accepted(fromacompetitive fieldof 192jurisdictions).

After thecommissionerscomplete theirduediligence,webelievetheywill see inBartlettwhatRaneyalreadysees: thenextAdaCountysheriff,whowillhit thegroundrunningandgradually takethedepartment tothenext level.

Statesmaneditorialsare theunsigned

opinionexpressing theconsensusof

theStatesman’seditorialboard.To

commentonaneditorialorsuggesta

topic, email

editorial@idahostatesman.com.

Bartlettbest suitedto replaceRaney

STATESMANEDITORIAL

FORTRILEY, Kan.— Formorethan a decade, troops here havebeen schooled in counterinsurgen-cy.

“Mission-specific” training, theycallit:goinghousetohouse,bustingdowndoors,rootingoutterrorcells,recognizingcrudeexplosives.

Now, after a pair ofmission-spe-cific wars, an Army in transitionaimstogetbacktothefuture.

The trainingneeded to fight full-scale,moreconventionalbattleshassuffered,Army leaders contend. SoFortRileyisputtingsoldierssuchasStaff Sgt. GilbertMonroe back intobig tanks and simulating wars on ascalegranderthanIraqorAfghanis-tan.

“This is what I signed up for,”Monroesaid.

MILITARY

KEITH MYERS / Kansas City Star

An M1A2 Abrams tank fires during training at Fort Riley in Kansas.Military leaders are shifting tactics to prepare for future conflicts.

Army begins trainingfor the next war

Themission is changing fromcounterinsurgency to preciseartillery and gunnery.

BY RICK MONTGOMERY

THE KANSAS CITY STAR

See ARMY, D3

Three Idaho State Policecrashinvestigatorswhosaytheyrefusedtobendthetruthaboutafatal crash in 2011 claim that theagency’s leaders are retaliatingagainst them.

The daughter of the mankilledinthatcrashsaysISP’sma-nipulationoftheinvestigationtoprotectaPayetteCountydeputycouldmake it difficult for her toseek justice inherfather’sdeath.

ISPis nowembroiled in threelawsuits stemming from thecrash investigation, with possi-blymore to come.And theGemCountyprosecutorwhohandledthe case told ISPofficials that hewas shocked by the behavior ofthe trooper who led the investi-gation, that he could no longertrust the trooper and that thetrooper secretly recorded theirconversationaboutthecase.

ONECRASH,TWOREPORTSOnOct.18,2011,PayetteCoun-

ty Deputy Scott Sloan crashedintoa Jeep,killing itsdriver,Bar-ry Johnson, onU.S. 30nearNewPlymouth. IdahoStatePoliceas-signed Trooper Justin Klitch asprimaryinvestigatorandTroop-er Quinn Carmack as primarycrashreconstructionist.

When IdahoState Police pre-pare a crash reconstruction re-

port, the lead reconstructionistsends a preliminary report toother crash investigators to re-viewforanythingthat ismissingor needs clarifying. Once peerreviewrecommendationsarein-corporated, the report goes tothe crash program manager forapproval. Depending on the cir-cumstances, the report is thenforwarded to a prosecuting at-torney todecidewhethercharg-esshouldbefiled.

Carmack analyzed the crashsite, the skid marks, the twoheavily damaged vehicles, thedeputy’s dashboard camera vi-deo and other evidence, and heput his findings into a prelimi-nary report and sent it for peerreview. Two investigators as-signed to review the report off-ered some comments and sug-gestions.Carmack incorporatedthe changes and sent the reportto Fred Rice, the head of ISP’scrashreconstructionprogram.

IDAHO STATE POLICE

NIGEL DUARA / The Associated Press

Idaho State Police Trooper Justin Klitch was the lead investigator in the Payette County crash and is the subject of three lawsuits chargingillegal search or seizure. In this June 2012 picture, he stops a driver headed to Oregon on I-84 and charges him with possession of marijuana.

Lawsuits claim ISP leaders wanted resultschanged to protect a sheriff’s deputyinvolved in a deadly accident, and thenpunished officers who didn’t go along

BY CYNTHIA SEWELL csewell@idahostatesman.com© 2015 Idaho Statesman

!READ COURTDOCUMENTS FROM

THE SUITSIdahoStatesman.com

See ISP, D2

OTHER LAWSUITS AGAINSTKLITCH, D2

WHO’SWHO?

Details in this article come fromhundreds of pages of court docu-ments. The Idaho State Police, the plaintiffs and their respective attorneysdeclinedmultiple requests by phone and email to talk to the Statesmanfor this story. “The only thingwe can say is that lawsuits are only allega-tions until the judge determineswhich laws are applicableand the facts are determinedby a jury in court,” said IdahoState Police spokeswomanTeresa Baker.

TheStatePolice leadersCol. RalphPowell: Joined ISP in 1983.Gov. ButchOtter

appointed him ISP director inMarch 2013 and reappointedhim inMarch.

Lt. Col. KedrickWills: Joined ISP in 1996. Powellmadehimdeputy director in 2013.

Maj. SteveRichardson: Joined ISP in 1984.Capt. SheldonKelley: Joined ISP in 1997. TrooperQuinn

Carmack said Richardson andKelley asked him to removereferences toDeputy Scott Sloan’s unsafe driving from thecrash investigation report.

The lead investigatorTrooper JustinKlitch: Joined ISP in 2006.He still works

for the agency.

Thepolicewhoallege retaliationSgt. FredRice: Joined ISP in 1983.Oversaw ISP’s crash

reconstruction program.After the Sloan crash investiga-tion, hewas reassigned to patrol duty.He retired in Sep-tember 2014.He filed awhistleblower lawsuit against ISP inMarch 2014.Trial is set forOctober.

TrooperQuinnCarmack: Joined ISP in 1999. Lead crash reconstruct-ionist in the Sloan investigation.After the investigation hewas reassignedto patrol duty.He filed awhistleblower tort claimagainst ISP inDecem-ber 2013 but has not filed a lawsuit. He still works as a trooper.

Trooper BrandonEller: Joined ISP in 1997. ISP crash reconstructioninvestigator. After the Sloan investigation hewas reassigned to patrolduty.He filed awhistleblower lawsuit in January.He still works as atrooper.

TheprosecutorRichard Linville:TheGemCounty prosecuting attorney

filed a vehicularmanslaughter charge against Sloan, butlater said that ISP inconsistencies forced him to dismiss thecharge. Linville remainsGemCounty prosecuting attorney. Richard

Linville

Officers allege interference,retaliation after crash probe

Maj. Steve

Richardson

Col. Ralph

Powell

Capt. Sheldon

Kelley

changed in the middle of a recon-structionlikeyouobservedtohavehappenedhere?

Smith:No.Linville: Tell us how unusual in

yourexperience?Smith: I’ve never had it happen

before.Linvillerestedhiscaseaftercall-

ing his three ISP witnesses. ThenSloan’s defense attorney, Joe Fil-icetti, called his own witness:Klitch.

Linville was surprised to learnthattheISPleadinvestigatoronthecase was voluntarily cooperatingwiththedefense.

“Trooper Klitch’s decision toworkwith the defense in this case,and not communicate with me,confusedmeandcausedthecasetocontinue for months longer thannecessary,” Linville later told ISPofficials.“Itwascleartomethatthedefense attorney possessed infor-mation about the case that I didn’thave.”

Inthathearing,Klitchsaidhedidnotrecallputting“unsafeoperationof an emergency vehicle” in theSloancrashreport.Emails laterob-tained by Linville tell a differentstory.

“Itappearsfromtheemailcorre-spondence that the testimony ofTrooper Klitch at the preliminaryhearing was less than accurate,”wrote Linville. “He testified at onepoint thathedidnotputthe ‘unsafeoperationofanemergencyvehicle’in the (report), yet he specificallyrequested that Trooper Carmackdosoinhisemail.”

Linville and the plaintiffs’ attor-neys say they discovered other in-consistencieswithKlitch’s investi-gation. Klitch did not interviewSloanuntilmorethanamonthafterthe crash,when hewas directed todosobyhissupervisor.

“Forsomeunknownreason,andcontrary to ISP’s well-establishedpractices, Trooper Klitch, the in-vestigatingofficer,hadneglectedtointerview Deputy Sloan. Accord-ingtoISP’spractices, suchaninter-viewshouldhavetakenplacewith-inafewdaysoftheaccident,”wroteStrindberg.

ThenLinville learnedinDecem-ber2012thatKlitchhadsecretlyre-corded a meeting with the prose-cuting attorney. The recordingshould have been part of the case’srecord,butLinvilledidnotknowofitsexistenceuntil almostayear lat-er,whenadeputy attorneygeneralgaveit tohim.

“Neverinmy25yearsasaprose-cutingattorneyhaveIhadalawen-forcement officer secretly recorddiscussions during case prepara-tion that are otherwise privilegedand protected work product, thenhide the existence of such a re-cordingfromme,”Linvillewrote.

Linvillesaidconflictingcrashre-ports—thetwoISPreportsandtwoindependentreviews,onecommis-

sionedbyLinville and the other byFilicetti—andKlitch’sconductun-dermined his ability to prosecutethe Sloan case. He dismissed thecharges against Sloan in March2013, less than two months beforethetrial.

‘BRADYDEAD’In court, what is known as the

“Brady rule” requires the prosecu-tion to turnover to thedefenseanyinformation that may be useful, orexculpatory, inadefendant’scase.

This is relevant because of therole played by Rice, the crash re-construction supervisor who re-viewedCarmack’sreport.

Rice has testified in more than500criminaland400civilcasesasacrash investigator. In one of thosecases, a 2006 road-rage murdercase,thecourtfound,andtheIdahoSupreme Court upheld, that Ricegavetestimonythatconflictedwithstatements on reconstruction re-ports he’d made in previous courtcases and contradicted trainingmaterials hehadprepared.As a re-sult, Jonathan Ellington’s murderconviction was tossed out due toprosecutorialmisconduct andRic-e’s testimony. Ellington was con-victedinasecondtrial.

On the day of the state SupremeCourt’s2011ruling,then-Maj.RalphPowell went to Rice’s house andtold him he was “Brady dead.” Be-causehisexpertwitness testimonyin the Ellington case had beendeemed untruthful by the highcourt, Ricewas no longer viable asan expert witness, because oppos-ing attorneys could call his integri-ty intoquestion.

Following an internal investiga-tion into Rice’s testimony and itsfallout, Powell recommended tothen-ISP Director Col. Jerry Rus-sell thatRicebeterminated.

After letting Rice and other ex-perts explain thecomplexityof thecaseandcrashreconstructiontesti-mony,Russellsaidhewould“exon-erate” Rice and “expunge” his re-cord. Rice remainedwith the StatePolice and was promoted to ser-geant in2012.

BRADYOBLIGATIONSAs crash reconstruction pro-

gram coordinator during the 2011Sloancrash investigation,RicehadOK’d both reconstruction reportsthat went to the prosecuting attor-ney.

During Sloan’s April 2012 pre-liminaryhearing,aStatePoliceser-geant in the courtroom sent textmessages toISPcommandstaffde-tailing the testimony of troopersEller, Carmack and Smith. It wasthosetextmessagesthatalertedISPleaders for the first time,accordingtoRice court documents, that bothcrash reconstruction reports hadbeendeliveredtotheprosecutor.

While the preliminary hearingwasstillunderway,Ricewascalled

Riceapprovedit.ThereportconcludedthatSloan

wastraveling115mphonatwo-lane55-mph rural highway while re-spondingwith lightsandsirenstoa911 call. Johnson’s 1983 Jeep wastraveling about 24 mph in front ofSloanwhen Johnson began to turnleft. Sloan hit the brakes. His 2004Crown Victoria patrol vehicle hadslowedto88bythetimeitslammedintothedriver’ssideoftheJeep,kill-ing Johnson. The crash investiga-tionreportsaidthedeputymadean“unsafe pass” and was “operatingan authorized emergency vehiclein an unsafe manner by drivingwithoutdueregardforthesafetyofall persons and reckless disregardfor thesafetyofothers.”

Carmack also noted the Jeep’sdriverhadabloodalcohol levelbe-tween .053 and .1271, according tothecoroner.Thelegallimitfordriv-ersis.08.Carmacksaidhecouldnotdetermine that Johnson’s blood al-cohol caused or even contributedtotheaccident,sohedidnotlistitasa“causational factor.”

The dayCarmack submitted hisreport to Rice for approval, StatePolice Capt. Steve Richardson andLt. SheldonKelleycalled inTroop-er Brandon Eller, who had partici-patedinKlitch’sinterviewofSloan.Richardson and Kelley “aggres-sively pressured” Eller to changehis opinion that investigatorswould not be able to prove thatJohnson’s alcohol level was thecause of the accident, Eller said indocuments he filed in court in Jan-uary.Herefusedtochangehisopin-ion.

Three days later, Richardsonand Kelley called Carmack to ameeting and “made it abundantlyclear theywere unhappywithCpl.Carmack’s conclusions that thedeputywas responsible for the ac-cident,which put him in a positionwhere hemight face prosecution,”Carmack attorney Erik Strindbergwrote in a December 2013 claimserving notice to ISP that a lawsuitwasforthcoming.

LikeEller,Carmackmadeitclearto Richardson and Kelley thatbased upon what he knew, ISPcouldnotprovethatJohnson’salco-hol consumption caused the acci-dent.

Richardson and Kelley alsoaskedCarmacktoincludeinforma-tion about the Jeep’s turn signals inthereport,accordingtocourtdocu-ments.Carmackexplained that theleft turnsignalhadbeendestroyed,so it was impossible to determinewhether ithadbeenoperational.

“Inshort,bothCapt.Richardsonand Lt. Kelley wanted the reportmodified so as to place blame fortheaccidenton thedeceasedand ifnot exonerate, at least minimize,the responsibility of the deputy,”Strindberg wrote. “Carmack be-lieved that changing the report toreachapredeterminedoutcomeorconclusion was wrong and uneth-ical,eventhoughhewaseffectivelybeingorderedtodoso.”

Despite his reservations, afterthe meeting Carmack did as or-dered and made the changes, re-moving statements about Sloan’sunsafedrivingandunsafepass,andnoting in his final conclusions thatJohnsonhada.08bloodalcohollev-el and that he turned left in front ofan emergency vehicle. Carmacksubmitted the revised report toRice,whoapprovedit.

Itwas up toGemCountyProse-cutingAttorneyRichardLinvilletodecide whether criminal chargeswere warranted. He asked ISP fortheentireSloancrashfile, as is rou-tine. In the file were both versionsof thecrash reports, andbothwentto Linville. In March 2012, LinvilledecidedtochargeSloanwithfelonyvehicular manslaughter. Sloan re-signed from the Payette CountySheriff’s Office four months afterthe crash and three weeks beforeLinville filed the charges. Sloancould not be reached for commentfor thisstory.

PRELIMINARYHEARINGTAKESAWRONGTURN

During Sloan’s April 2012 pre-liminary hearing, Linville queriedCarmack about his accident inves-tigationreport’s finalconclusion.

Carmack:Sloanwasoperatinganauthorized emergency vehicle inan unsafe manner ... (and with)reckless disregard for the safety ofothers.

Linville:Isthatyourconclusionasto what the causes of the crashwere?

Carmack:Yes.Linville: Is that ... a significant

causeofBarryJohnson’sdeath?Carmack:Yes.Linville also called as a witness

ISP crash reconstructionist SteveSmith, one of two people assignedto review Carmack’s report. Lin-ville asked about the report’s con-clusions being changed to includeJohnson’s blood alcohol contentand to remove statements aboutSloan’s unsafe driving. Smith toldtheprosecutoritiscommontohavesuperiorsreviewreports.

Linville: Is it common tohave theformat of a crash reconstruction

into a meeting with Powell, Maj.KedWills, Richardson, Kelley andthree other command staff mem-bersatStatePoliceheadquarters inMeridian. During the meeting, ac-cording to court documents, “ISPofficers” told Rice that Linvilleshould not have received both re-ports.

Rice said he insisted that Bradyobligations required the agency toturnovermultipleversionsofitsre-portstotheprosecutor.

“Thechanges in theSloan reconreport, which Lt. Kelley and Capt.Richardson ordered to be made,created exculpatory evidence re-quired by law, policies and proce-dures to be disclosed to Sloan,” ac-cordingtoRice’s lawsuit.

Of the seven command staff inthe meeting, only Maj. Clark Rol-lins agreed with Rice that both re-ports had to be turned over, Ricesaid.

Wills said he could not believeISPwas going to send a deputy toprison,accordingtoRicecourtdoc-uments. Another officer, referringtotroopersCarmackandEller, said“if these two boys have a job theywill be lucky to work nights andweekends.”

InJuly2013,RichardsonandMaj.KevinHudgenssentanemailtoISPstafforderingthatalldraftcrashre-ports be destroyed, and in the fu-ture,draftcrashreportsnotbekeptintheofficialcasefile.Becausethatpolicy appeared to conflict withrules on turning over exculpatoryevidence, Eller said in his com-plaint,heraisedconcernsaboutthepolicy of destroying draft reports.He said his concernswere ignoredand he continued to receive in-structions to destroy draft reports.Concerned about the implicationsofdestroyingdraftreportsandoth-er department actions, Eller askedto be removed from the crash re-construction unit in May 2014. Henowworksrotatingpatrolshifts.

EventhoughCol.RussellclearedRice in 2011, Rice sayshe remainedtaintedwiththe“Bradydead”label.

SOMETIMESANINTERNALPROBE,SOMETIMESNOT

Under IdahoStatePoliceproce-dures, “an administrative investi-gationoccurswheneveritisallegedthat an employee’s conduct or be-havior violates any ISP ConductExpectation (Policy), procedure,ruleortraining.”

Acouple of weeks after Linvilledismissed the charge against Sloanand sent hisMarch 2013 letter crit-icizing Klitch, Sloan’s lawyer, Fil-icetti, sent Powell a letter allegingthatRicehadwithheldexculpatoryevidence in the case. Rice wasplaced on administrative leave fornearly six months while ISP con-ductedaninternal investigationin-toFilicetti’sallegations.

That same month, Linville sentthe letter to Richardson detailing

his concerns that lead investigatorKlitch had been “less than accu-rate” during Sloan’s preliminaryhearing, secretly recorded themeetingwithLinville and commu-nicated with defense attorney Fil-icettiwithoutLinville’sknowledge.LinvilleaskedthatKlitchno longerpatrol in Gem County so that Lin-villewould“notbeputinapositionofhavingtorelyon(Klitch)totesti-fy in prosecution of criminal casesinthis jurisdiction.”

In a response about twomonthslater, Maj. Kevin Hudgens wroteLinville: “It isclearlyapparentwithall the individuals involved in theSloancase thatdifferences inopin-ion existed. ... It is unfortunate thatyou and Trooper Klitch failed tofind common ground on this case,and it is the opinion of the IdahoState Police that Trooper Klitchconducted an unbiased investiga-tionintothisunfortunatecrash,andlookedatthecaseinitsentiretypri-ortoformingopinions.”

Linville’s letterdidnottriggeraninternal investigation againstKlitchthenorseveralmonths later,when Rice told Powell about theletter during a review of the inter-nal investigationagainstRice.

The State Police did respond tothe Statesman when asked aboutwhy there was no investigation.“ISP received correspondencefromMr. Linville inMarch of 2013,which referenced and enclosed aportion of the transcript from thepreliminary hearing in the State v.SloanmatterinwhichTrooperJus-tinKlitchhadtestified.Afteracare-fulreviewofthetestimonyinques-tion itwas apparent that therewasnothing improper about TrooperKlitch’s testimony; he clearly didnotperjurehimself,andaninternalinvestigation into the same wasthus not warranted,” ISP spokes-woman Teresa Baker told theStatesman.

Richardson’s and Kelley’s deci-sion to orderCarmack andEller tochange the Sloan crash report wasthesubjectofan internal investiga-tion, but neither were disciplined,accordingtocourtdocuments.

FIGHTINGBACKRice, Eller and Carmack claim

that after the Sloan case, ISP retal-iated against them inmyriad ways—reassignment fromcrash recon-struction tonight andweekendpa-trol duty, rejected pay increases,denied promotions and poor eval-uations.

BothRiceandCarmackreceivedletters of reprimand.Ricewas rep-rimanded for failing to “maintain ahigh standard of personal and pro-fessional responsibility.” DetailsaboutCarmack’sreprimandarenotin the court files. Following the in-vestigation initiatedby theFilicetticomplaint, which prompted Rice’sreprimand, Rice says he was sub-jecttotwoadditional“arbitrary,ca-pricious, retaliatory” internal in-vestigations. A 2013 investigationwas deemed “unfounded” and an-other was dropped when Rice re-signedaftera31-yearcareeratISP.

RiceandEllerhavefiledseparatewhistleblowerlawsuitsagainstISP.Carmackhasservednotice,butnotfileda lawsuit todate.Rice’s case isthe most advanced, slated for trialinOctober.

Barry Johnson’sdaughter, JackieRaymond, is also seeking to rightwhatshesaysisaninjustice.Sheini-tiallysuedSloanandPayetteCoun-ty forwrongful death. In February,Raymond filed a new lawsuit add-ing the State Police and Powell tothecomplaintfor“tortiousinterfer-ence.”

ISP“cover-up and interference”and“evidencetampering”prevent-ed the case from going to trial, hersuit says, leaving unansweredSloan’s culpability and making itmore difficult for the family toproveliability inacivilsuit.

Raymond’sattorney,NathanOl-son, said ISP “engaged in an enter-prise or conspiracy with Sloan to,and did in fact, willfully and withfull knowledge of Sloan’s unlawfulconduct, conceal evidence, harborand protect Sloan from criminalandcivilliability,andintimidate,in-fluence, impede, deter, threaten,harassandobstructwitnessesand/or potential witnesses, all in viola-tion of state and federal law but infavor of a corrupt policy and effortto protect fellow Idaho law en-forcementofficers fromtheconse-quences of their unlawful con-duct.”

Raymond’s suit has not been setfortrial.

CynthiaSewell: 377-6428;

Twitter:@CynthiaSewell

ISPCONTINUED FROM D1

CYNTHIA SEWELL

Cynthia is one ofthe Statesman’swatchdog report-ers, reporting suchstories as Idaho’sprivate prisondebacle, the collapse of thestatewide education technologynetwork contract and the con-troversy over instant racing. Shehas been cited twice for runninga stop sign and once for speed-ing in the past 15 years.

In addition to his actions being called into questionin the PayetteCounty sheriff’s deputy crash investiga-tion,Trooper Justin Klitch has been sued three times inthe past 14months over three incidents. All threepending lawsuits allege illegal search or seizure. Klitchhas earned professional accolades formakingmoreDUI stops than any other trooper. Details are drawnfromcourt documents; the Idaho State Police andKlitch declined several Statesman requests to com-ment.

Jan. 25, 2013Klitch began following a carwithColorado plates

driven on I-84 in PayetteCounty byDarien Roseen.Colorado had recently legalizedmarijuana. Roseenchanged lanes to exit into a rest area; Roseen saidsnowy road conditions and the sudden appearance ofKlitch behind him caused him to slide as he enteredthe rest area and to bump the curbwhile pulling into aparking space. Klitch turned on his overhead lightsafter Roseen came to a stop in the rest area. Klitchqueried Roseen aboutmarijuana use and askedwhathewas hiding in his vehicle. Klitch told Roseen hecould smellmarijuana and therefore had probablecause to search Roseen and his vehicle. Klitch did notfind anything. Klitch took Roseen and his vehicle to thePayetteCounty Sheriff’sOffice for further searching.He found nothing illegal. Klitch cited Roseen for in-attentive driving.

Roseen sued onMarch 26, 2014, alleging unreason-able search and seizure and saying that Klitch profiled,followed and pulled over Roseen because he hadColorado license plates.

Feb. 7, 2014Jarrod Bush received a textmessage froman ac-

quaintance, GabrielOwen, saying he had been in a caraccident and asking Bush to comeget himat aNampagas station.

WhenBush arrived, hewasmet byKlitch and ISPdetectives.Owenwas not at the gas station, had notbeen in an accident and did not send the textmessage.

ISP detectives asked Bush about his connection to

Owen andmarijuana. Unbeknownst to Bush, Klitchhad several hours earlier arrestedOwenduring atraffic stop in PayetteCounty on suspicion ofmarijua-na trafficking. Detectives searchingOwen’s phonecame across Bush’s number and sent the text to Bushin an attempt to connect BushwithOwen’s allegedmarijuana trafficking, according to court documents.

Klitch’s search found nothing illegal in Bush’s car,but Klitch confiscated $4,260 and a cellphone. Bushwas never chargedwith a crime. InNovember, Bushsued ISP to get hismoney returned.

May 16, 2014JoseCastillo filed a lawsuitMay 21 claiming that

Klitch targeted him for a traffic stop because hewasdriving a carwithArizona plates. Castillo said his carwas illegally searched and that his rights under theAmericanwithDisabilitiesActwere violated. Castillosays Klitch followed him “formanymiles and formorethan 10minutes” before pulling himover for failing tomove into the left lanewhile passing a stopped emer-gency vehicle.

AsKlitch questionedCastillo, he learnedCastillohas obsessive compulsive disorder, which causes himto be sensitive to any lack of cleanliness. He frequentlysprays Lysol in his vehicle and repeatedly uses handsanitizer. During the stop and vehicle search,whichwas joined by aK-9 unit, Klitch’s comments onCastil-lo’s disabilitywere captured onKlitch’s dashboardvideo camera. Klitch toldCastillo that his doctor toldhim “he hadmore germs than anyone he had evermetbefore” andmade other references to soiling the carduring the search,whichCastillo allegeswas intendedto increase his anxiety. Klitch also askedCastillo howhis disabilitywould let him romantically touch thewomanhewas heading tomeet inOregon. Klitchfound nothing illegal and toldCastillo hewas free togo. He did not cite Castillo.

“Castillowas shaken by this unlawful stop andsearch and the degrading, humiliating, and discrimi-natorymanner inwhich he had been treated,” Castil-lo’s attorney, CraigDurham, said in the complaint.

ISPmanagement and investigations have comeunder scrutiny at least twice previously in the past twoyears:

➤ IdahoDept. of CorrectionsDirector Brent Reinkein February 2013 asked ISPDirector Ralph Powell toinvestigate “discrepancies” in staffing records thatprivate prison operator CorrectionsCorporation ofAmerica submitted to the state. For nearly a year,IDOC, the governor’s and attorney general’s offices,and themedia assumed that the investigationwasunderway. A year later, after reporters requestedinvestigation results, ISP said it had conducted noinvestigation. Gov. ButchOtter then ordered ISP toconduct an investigation.Within days, ISP turned theinvestigation over to the FBI due to a conflict of in-

terest. The FBI investigatedwhether ISP attempted todelay, hinder or corruptly influence the investigation.TheU.S. Attorney’sOffice and FBI announcedMay20it found no evidence that ISP’s actions rose to thecriminal level, but ISP “miscommunications” led to thepresumption an investigationwas underway.

➤ In February, Idaho State RacingCommissionDirector Frank Lamb resigned the day after an IdahoStatesman article reported that the Idaho State Policeemployeeworked as a lobbyist inWyoming andwasalso employed by aWyoming race track operatorwhile holding his ISP job. ISP said Lamb compliedwithISP policies on conflicts of interest, but ISP did not haveanywritten notification of or approval of Lamb’s out-sidework or its possible conflict of interest.

IDAHOSTATE POLICE IN THE SPOTLIGHT

MORE LAWSUITS FILEDAGAINSTTROOPERKLITCH

D2 ● SUNDAY, MAY 31, 2015 IDAHO STATESMAN ● IDAHOSTATESMAN.COM