Tribal murder charge against LaMere dropped

Chippewa Cree Tribal Court Judge Melody Whitford issued an order Tuesday dismissing  all charges brought against Mitchell LaMere by the tribe in the death of Freddy Bacon, though LaMere still faces federal charges.

The case was dismissed with prejudice at the request of the defense, meaning the charges cannot be filed again in tribal court.

LaMere, 23 of Box Elder was charged with starting the May 19 fire that killed 24-year-old Fred Bacon.

Charging documents say LaMere set the fire while Bacon was inside the residence. The owner of the house had been able to escape through a window. A medical examiner later said Bacon died of smoke inhalation.

In June, LaMere was charged in tribal court with deliberate homicide, negligently endangering another person, malicious mischief, arson and disorderly conduct. LaMere entered a not guilty plea and bond was set at $50,000.

He is now being held at the Cascade County Regional Prison in Great Falls on federal first and second degree murder charges and arson and first degree murder rule.

Documents from the U.S. Attorney’s office say that LaMere’s jury trial is scheduled for Nov. 14 in federal District Court in Great Falls.

In a written opinion, Whitford said both the prosecution and law enforcement failed to meet deadlines to submit statements, reports and all evidence collected at the crime scene to LaMere’s defense team so they could prepare their case.

Whitford also said in her written opinion that prosecution did not notify the court about issues that may have arisen with submitting evidence and did not request a continuance.

“This is a tragic case, and no amount of incarceration can bring back the death of a loved one,” Whitford’s opinion says. “The justice system must consider both the victims and the defendant’s  rights in all cases and in this case, the defendant’s right to full discovery was violated.”

Documents say at a July 18 pretrial conference, prosecutor Donita Hay presented the court with a petition to admit evidence and witnesses. LaMere’s attorney Theresa Harris said that she had not received statements, physical evidence from the crime scene or any medical examiner’s reporters to properly prepare her case for the defense.

Hay said that she had not received such documents and was waiting for authorities to turn them over.

The court ordered that all evidence, reports and statements be turned over to the defense by July 29  “or there was a high possibility the case would be dismissed,” documents say.

Harris submitted a motion Aug. 2 to dismiss the case because the deadline to submit evidence to the defense as ordered by the court  had not been met, documents say. The defense raised the issue of discovery, and exculpatory evidence that LaMere is entitled to. Harris said not turning over all evidence for discovery prosecution failed to abide by  a court-issued order to do so.

Hay moved the court Aug. 3 to dismiss the tribal charges against LaMere without prejudice, citing that he was no longer in tribal custody but was being held in Great Falls awaiting federal trial.

Hay told the court that evidence collected by the FBI in its investigation is still being reviewed by the crime lab and would be for an unknown amount of time. She said that she had spoken to Rocky Boy Police Investigator Steve Corcoran and it was not known when evidence would be available. Hay also said that she spoke with a federal agent who told her it can take between four to six months from the time it is submitted for evidence to be made available.

Hay said that, as of Aug. 3, it was not known if the evidence was being tested.

The Tribal Court heard oral arguments on the motions Monday

Whitford ruled Tuesday that the case be dismissed with prejudice and that the defendant’s bond be returned to the individual who posted it if one was posted.

In her written opinion, Whitford said that the court rarely sees a criminal case that was dismissed without prejudice.

Bringing the case again would be difficult, she said, because evidence and reliability of witnesses would likely be weaker, because evidence becomes more stale difficult to obtain over time.