A reality based independent journal of observation & analysis, serving the Flathead Valley & Montana since 2006. © James Conner.

5 March 2016

Dismissal of charges against Lenio may trigger calls for new laws

Charges against David Lenio, accused of malicious intimidation for his disturbing online posts, were conditionally dismissed yesterday (Flathead Beacon, Missoulian). That probably brings the criminal justice component of this affair to a practical conclusion.

Not surprisingly, not everyone is happy with the outcome. But dismissing the charges was the right call. From the beginning, it was clear to dispassionate observers that the case against Lenio, while sensational, was tenuous, difficult to prove, raised important free speech issues, and likely to create bad law. Taking such a case to trial would have aired all the evidence and arguments — but with such low odds of a guilty verdict, the trial, and its burden on the defendant, would have been an unjust de facto attempt to inflict punishment without a conviction.

The dismissal may lead to proposals for new laws in Montana.

Lenio’s attorney, Kalispell public defender Brent Getty, told the Daily Interlake that Montana does not have a general threats law. I suspect that bills to create such a statute will be introduced in the 2017 session of the legislature. A general threats law, if found constitutional, would give police and prosecutors a powerful tool for punishing unpopular utterances.