Documenti di Didattica
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15, 2020
Feeling exhausted and let down by officers and prosecutors, Jillian Miller reached out to the Jackson Hole
News&Guide as a last-ditch effort to seek justice following a sexual assault she endured in December 2018 by a
customer at her work.
News&Guide reporters Allie Gross and Emily Mieure painstakingly retraced Miller’s journey through the justice
system to find out why the perpetrator received such a light sentence. Teton County’s newly elected prosecutor Erin
Weisman would not release statistics that would have helped our reporters establish a trend of sexual charges being
pleaded down to lesser misdemeanors. In a response to our open records request, she said the task would place too
much of a burden on her office.
The Aug. 28 story, “Groping victim feels let down by cops, prosecutors, courts,” spurred dialogue about how sexual
assault is handled in our community.
Jackson Police Chief Todd Smith penned a lengthy statement defending officers’ training on the department’s public
Facebook page, and an opinion piece in a subsequent edition of the newspaper. Local activists demanded meetings
with the police chief and updates to police protocols.
Others started a conversation on social media asking women to share their experiences with sexual assault. More
residents submitted “Guest Shot” opinions and letters to the editor calling for changes to the state’s sexual battery
law to better serve victims. 89.1 KHOL News and Community Affairs Director Robyn Vincent also interviewed the
writers about the story and its impact, which can be found at TinyURL.com/victimletdown.
After the News&Guide Editorial Board published an editorial, “Survivors deserve action,” on Sept. 4, Weisman
called a meeting with the newspaper to discuss the article and her office’s relationship with the media. Since the
article and editorial published, the Teton County Prosecutor’s Office has been increasingly more transparent with
our reporters. Attorneys in the office have also attended a specialized sexual assault training for the first time and
Weisman vowed to follow up on the state statue, offering to gauge amenability of fellow prosecutors to changing the
law.
The story also caught the attention of Wyoming state Rep. Mike Yin, who met with Miller, local prosecutors and
police, colleagues in the state legislature and statewide advocacy organizations. Yin is currently working to draft
language to update the state’s sexual battery statutes with the intent to introduce legislation in Cheyenne during the
upcoming session.
“Telling my story is one of the most vulnerable positions I’ve placed myself in,” Miller wrote on social media the
day the story was published. “I hope it serves to enact change.”
After reading Miller’s story, other sexual assault survivors have reached out to share their challenges navigating the
local justice system. This, as well as the motivation found by local and state representatives, is what has made this
story so impactful to our community and victims statewide.
Thank you for your consideration for the Public Service Award.
Sincerely,
Report
SUNSET SCRIMMAGE
s
says do
no harm
in Karns
Consultant advises
delicate development,
town to create a plan
for the property.
By Cody Cottier
A long-awaited environmental
study urges officials to tread lightly in
developing a park in Karns Meadow,
saying it could easily upset an ecosys-
tem already hemmed in and strained
by human activity.
The analysis argues for a more
REBECCA NOBLE / NEWS&GUIDE
strategic and carefully considered ap-
The Broncs line up to run a play during their BroncBash scrimmage last week at William T. McIntosh Stadium. See proach to managing the 42-acre swath
the Sports section for a preview of the Broncs’ season, which kicks off at 7 p.m. Friday night against Teton High
School at the Broncs’ home stadium.
of wetlands along Flat Creek and sur-
rounded by Jackson. Though the re-
port doesn’t dismiss the prospect of
InsIde 2A
3A
Bad nanny gets 18-month timeout
Women drink a toast to suffrage
10A
29A
Family mourns man lost in river
Astoria’s hot water is about to flow
39A
42A
sage grouse may be flown in
Air ambulance cost may be grounded
© 2019 Teton Media Works 9A County is running out of planners 34A Council still idling on paid parking 45A Park wolf is dead-by-auto
18A - JACKSON HOLE NEWS&GUIDE, Wednesday, August 28, 2019
dents to curb perpetrators from harm-
GropinG
CRIMINAL JUSTICE
ing more victims in the future.
Continued from 17A “What we know is, most men don’t
Miller was “shocked” to learn that rape,” Schwartz said. “We know that
BY THE NUMBERS
prosecutors need to prove the suspect most men aren’t offenders. We also
got pleasure from what he did. She also know that of the men who sexually as-
felt let down by the discretion used by sault, they are multiple offenders. They
police and prosecutors. are able to do it multiple times because
The Rape, Abuse and Incest National Network primarily uses data from the National “To find out that the town and county there are no consequences. Then it
Crime Victimization Survey, conducted annually by the U.S. Department of Justice. In that prosecute based on their discretion and gets progressively worse in the conduct
report, rape is defined as coerced or forced sexual intercourse. Sexual assault includes in this case chose to protect the rights they’re allowed.”
attacks or attempted attacks generally involving unwanted sexual contact between victim
of the perpetrator more than protect the Schwartz supports national-level
and offender, with or without force, grabbing or fondling and verbal threats.
rights of the victim was incredibly dis- campaigns that urge communities to be-
heartening and discouraging,” she said. lieve survivors who come forward. But
“It made me feel defeated.” believing isn’t enough.
FOR EVERY 1,000 SEXUAL ASSAULTS, “Just because the prosecutors be-
Back to town court lieve that it happened, evidence that
995 PERPETRATORS WILL WALK FREE After Hinckley departed and other the police could have collected right at
prosecutors declined to pursue Miller’s the time has passed,” Schwartz said. “If
230 ARE REPORTED TO POLICE case in state court, it was refiled in mu- they had the ability to talk to patrons
nicipal court on March 1, 2019, records there or to identify different people the
show. longer you wait to do that type of inves-
In addition to meeting with Chief tigation, the evidence goes away. People
46 REPORTS LEAD TO ARREST Smith, Miller met with Town Attorney Lea start forgetting. We can’t track down
Colasuonno and County Prosecutor Weis- the people who were at the bar.”
man hoping they would elevate her case. Experts say the answer to finding
But Colasuonno agreed to amend it justice for victims is more advocates
9 CASES ARE REFERRED TO PROSECUTORS to breach of peace in a plea deal, which and more training. Police and prosecu-
Miller said she found out about later. tors can improve practices of communi-
Breach of peace, per town code, is cating with victims by educating them-
when a person uses “speech or expres- selves on how to interact with victims
sions that are not merely provocative of trauma, the Community Safety Net-
5 CASES WILL LEAD TO A FELONY CONVICTION or challenging, but are either obscene work’s Moskowitz said.
or likely to produce a clear and present Wyoming peace officers receive 605
danger of a serious substantive evil that hours of general training during the
rises far above 14-week Wyoming
4.6 RAPISTS WILL BE INCARCERATED public inconve- Law Enforcement
nience or annoy- Academy, Direc-
ance,” or for some- “Why else does tor Chuck Bayne
one who “disturbs said. Two hours
the peace of a a guy grab of the program is
community or its dedicated to sex-
inhabitants by a woman’s breast?” ual assault train-
unreasonably loud ing. That training
noise or music, or — Becket Hinckley includes how to
FOR EVERY 1,000 by using threat- FORMER TETON COUNTY DEPUTY PROSECUTOR identify applicable
ening, abusive or statutes, know-
ASSAULT AND BATTERY CRIMES violent actions ing improper and
with knowledge or proper settings
627 ARE REPORTED TO POLICE probable cause to believe he will disturb in which to interview victims, how to
the peace.” Breach of peace citations are identify a crime scene that needs to be
more often issued for unreasonably loud investigated, collecting evidence, deter-
noise or music. mining if there’s a connection between
255 REPORTS LEAD TO ARREST Every conviction in town court car- the suspect and victim and identifying
ries the same $750 maximum fine, with reasons sexual assault cases are hard to
no jail time on the table, both Colasu- prosecute.
onno and Smith said. It’s common for victims to feel let
105 CASES ARE REFERRED TO PROSECUTORS “It doesn’t matter if you plead guilty down by the justice system, experts say.
to unlawful touching in municipal court, “In our community these are things
or breach of peace or public intox, $750 that are just let go of because there’s a
is the most you can charge that person chance we can lose the case,” Schwartz
with,” Smith said. “They all have the said. “I’m not saying there’s not a chance
41 CASES WILL LEAD TO A FELONY CONVICTION same equivalency in the eyes of the law.” you can lose the case, but sometimes
For Miller, however, there’s a mean- you have to take a chance on these
ingful difference between “unlawful things in order to send the message that
contact” and “breach of peace.” we’re committed to prosecuting sexual
33 CRIMINALS WILL BE INCARCERATED “It’s not even close to the same thing,” assault.”
she said.
Unlawful contact “impacts other Healing outside the system
people’s lives,” she said, “and the sever- Advocates help victims heal in other
ity of his actions are so much stronger. ways outside the legal system, like be-
They’ve impacted me so much more lieving victims and helping them rees-
than if he had been my neighbor play- tablish a sense of security, Moskowitz
ing loud music out of his house.” said.
Miller received restitution in the “It’s really just about feeling like they
SUSPECTS RELEASED PRE-TRIAL form of paid therapy sessions, up to might have ownership over their own
$8,000, she said. But she was not in- story even if those other pieces aren’t
THAT COMMIT NEW CRIMES vited to court to make a victim impact able to come to fruition,” Moskowitz
statement, which can often be cathartic said.
for victims of abuse, according to sexual “Sometimes, these outcomes that are
violence prevention experts. in other people’s jurisdiction, in other
Pre-trial 520 No victim impact statement was people’s hands, might not be the path
taken, Colasuonno said, because there that will be most satisfying,” Moskowitz
RAPE
wasn’t a formal sentencing. The man said. “It really is, unfortunately, kind of
a challenge to rely on that legal piece for
Arrested for
another crime 70 paid the fine, a conviction was entered
the ultimate satisfactory ending.”
and the case closed. Miller said she approached the
The last three adult sexual battery News&Guide for a sense of closure.
convictions in Teton County were cases “I felt like this was the only opportu-
Pre-trial 440 that started as felony sexual assault nity I would have to have any justice for
ROBBERY
charges and were pleaded down to mis- what happened because they disregard-
demeanor sexual battery, according to ed everything,” Miller said.
Arrested for
another crime 110 records provided by the Teton County Although she couldn’t financially
Prosecuting Attorney’s Office. pursue a civil suit and she couldn’t
Data the News&Guide requested to find a satisfactory resolution within
analyze trends of sexual battery convic- the criminal justice system, Miller has
Pre-trial 630 tions over the last decade was denied. made progress with healing.
ASSAULT & “The accumulation of data and cre- “You get to the point where — I have
BATTERY ation of these reports would be burden- to move on,” Miller said. “I can’t get bro-
some and would cause ‘unnecessary in- ken up over it all the time. I just need to
Arrested for
another crime 90 terference with the regular discharge’ of get past it. The law doesn’t work. When
the duties of my office,” Weisman wrote it’s not there for you, you have to find
0 100 200 300 400 500 600 700 in an email. another way to move through it.”
Kristen Schwartz, supervising attor-
ney at the Wyoming Coalition Against Contact Emily Mieure at 732-7066 or
Domestic Violence and Sexual Assault, courts@jhnewsandguide.com. Contact
said it’s important to prosecute sexual Allie Gross at 732-7063 or county@
Source: THE RESTAURANT OPPORTUNITIES CENTERS UNITED ANDY EDWARDS / NEWS&GUIDE
batteries and unlawful touching inci- jhnewsandguide.com.
2A - JACKSON HOLE NEWS&GUIDE, Wednesday, October 2, 2019
New styles State Rep. Mike Yin, D-Jackson, is looking at how to revise Wyoming’s sexual
battery statute because of how a case involving Jillian Miller’s was handled.
RYAN DORGAN / NEWS&GUIDE, COURTESY PHOTO
and colors
FOR WOMEN, MEN AND KIDS
• Synchilla
Sexual battery statute
• Insulation
• Sportswear
targeted for changes
• Hoodies, Hats & Beanies Lawmakers, police, tim’s intimate parts by the actor, or of the
actor’s intimate parts by the victim, or of
prosecutor look at how to the clothing covering the immediate area
of the victim’s or actor’s intimate parts.”
make law more effective.
Stop by! By Allie Gross and Emily Mieure
In her case, Miller said she was
troubled when prosecutors told her
they needed to prove the suspect was
PHOTO CREDIT: FOREST WOODWARD State Rep. Mike Yin, D-Jackson, “aroused” from groping her breast.
and other Wyoming officials, including “I wholeheartedly agree that there
Jackson Chief of Police Todd Smith, are shouldn’t be a standard of, ‘Did he
taking a hard look at revising the state’s have pleasure from what he did?’” she
18-year-old sexual battery law after a said. “Because the act itself shouldn’t
Jackson woman questioned how police be judged on his reaction. That’s ri-
and prosecutors handled her case. diculous. It’s a power thing, so I think
In December 2018, Jillian Miller was that’s really important.”
working as general manager at Hole Teton County prosecutors said sex-
Bowl when a drunk customer groped ual battery cases can be challenging to
Open Daily 170 North Cache Jackson 733-3595 prosecute in part because “you’ve got
371080 her. The police were called, and officers
cited the man with unlawful contact. to convince the jury that that behav-
Though some said the crime should ior was obviously for arousal,” Teton
have been elevated to a high misde- County Chief Deputy Prosecutor Clark
Allan told the News&Guide previously.
E X P E R I E N C E P AY S meanor of sexual battery, the defendant
ultimately pleaded down to “breach of The Wyoming Legislature intro-
duced the sexual battery statute in
L E T U S P R OV E IT peace,” a low misdemeanor commonly
applied to noise complaints, carrying a
$500 fine and no jail time.
2001. The last amendment was in 2007.
Kristen Schwartz, supervising attor-
Yin said that after reading about ney at the Wyoming Coalition Against
Miller’s case in the News&Guide, Domestic Violence and Sexual Assault,
he met with Chief Smith. State Sen. said prosecutors can operate within the
Mike Gierau, D-Teton, and Rep. Andy existing statute without proving arous-
Schwartz, D-Teton, have also met with al, because the statute requires “sexual
Smith to learn more about the sexual arousal, gratification or abuse.” They
battery statutes. need to prove only the “abuse” part,
Yin also plans to meet with Teton which she believes should have been
County Prosecutor Erin Weisman and possible in a case like Miller’s.
talk later this week with Miller and the “Any sort of forced contact would be
Wyoming Association of Sheriffs and abuse,” Schwartz said. “I don’t know if
Chiefs of Police to learn more about the they necessarily have to prove sexual
statute and how it could be improved. arousal or gratification. They just have
“I want to make sure we have effec- to prove it’s abusive touch. When you
tive laws on the books,” Yin said, “people don’t have somebody’s consent and you
can both make sure they get closure on touch their intimate part, I would think
something like this happening to them that would meet the definition of abuse,
and also make sure people are held ac- no matter whether or not he received
GR A N D VI EW ESTATES sexual gratification or arousal.”
countable for their actions.”
Located in a small, quiet subdivision of newer luxury
Miller said she was thrilled that Yin Schwartz acknowledged that the
homes on par with some of the most exquisite homes statute is probably aimed at distin-
in Jackson Hole. The neighboring Jackson Hole Golf
took an interest in her case.
“It really validated the article that guishing between accidental touch and
& Tennis Resort provides world-class facilities & sexual violence. If that’s the case, she
fine dining. This property must be walked to fully was written and the vulnerable space I
put myself in,” Miller said. “I have a lot suggested it could be better for the stat-
appreciate the protected views & water features. The
property boasts 2 large ponds, stone bridge-ways, of gratitude that this is a next step.” ute to clarify that the “sexual contact”
bespoke landscaping & waterways. The building According to Wyoming statute, sexual is criminal when it’s intentional and not
envelope is situated to maximize the view corridors, battery is when someone unlawfully sub- unintentional.
which span from the Grand Tetons, the Sleeping jects another to “sexual contact,” defined “I’d rather it be written in a way that
Indian, & JH Mountain Resort. Located at the as “touching, with the intent of sexual makes the person who did the touch-
gateways to Grand Teton & Yellowstone National arousal, gratification or abuse, of the vic- See Statute on 27A
Parks, home to a bounty of wildlife, the property
offers immediate access to endless recreation and
yet only 15 minutes to downtown Jackson. Turn-key
utilities & infrastructure investments make this lot Fischer, 59, dies at home
an incredible value. MLS# 19-322, $1,645,000.
Jackson resident Marcy Ray Fischer, 59, died Monday at home in the warm embrace of her loving
DIANNE BUDGE
Associate Broker
CHAD BUDGE
Associate Broker
husband, Mike, and son Shea. She was surrounded by family and friends who love her dearly.
307.413.1362 307.413.1364 A full obituary and information regarding a memorial service are expected to appear in a
MICHAEL PRUETT REBEKKAH KELLEY
future Jackson Hole News&Guide.
Associate Broker Associate Broker
307.413.2700 307.413.5294
BUDGEREALESTATE.COM
budgerealtygroup@jhrea.com Corrections and Clarifications
80 W. Broadway, Jackson, WY Our news reporting mission is to be objective and accurate. Readers are encouraged to alert the editor to an error by
email, editor@jhnewsandguide.com, or by calling 732-7071. We commit to correcting errors fully and promptly in the next
370750
published edition.
JACKSON HOLE NEWS&GUIDE, Wednesday, October 2, 2019 - 27A
Blotter
■ X marks the spot: Some man had been causing a disturbance
neighbors who don’t get along got and bothering other customers,
into a dispute over graffiti on one of reports stated. Officers found him on
their fences. The homeowner who the front patio of the business with an
called police said his neighbor took a open container of beer. The man tried
permanent marker and made scribbles to walk away from police and became
and X’s all over his fence. The accused violent when they tried to detain
neighbor didn’t answer the door when him. He was arrested on charges of
police visited her house. interference and open container.
■ The Grinch who stole the ■ Over served: A man became
Galaxy: A resident told police his really drunk Sept. 26 and responsibly the fastest way to
Federal Express package was stolen called a cab to go home at 1 a.m., but connect with your
community
off his front stoop. FedEx showed it he was too intoxicated to remember
was delivered, but he said he never where he lived, police said. The Get Started
saw it at his house. The package 33-year-old was arrested on a charge
was a Samsung Galaxy Note screen of public intoxication.
replacement. ■ Not cool: A drunk man was
■ Missing bike: Someone’s $800 pointing his cellphone at people,
bicycle was stolen Sept. 24 out from pretending it was a gun. The 39-year- download the app
under the stairs near their front door old was standing in the Pink Garter for local news now
on West Deloney Avenue. Plaza, and witnesses called police 369981
■ Juul in school: A 15-year-old on him because they were disturbed
girl was cited for possession of tobacco by his behavior. The man attempted
after school officials found her vape to run away from officers when they
pen. arrived, and he refused to provide any
■ Off-roading under the ID. The Phoenix man was arrested on
influence: Residents in Melody charges of interference and pedestrian
Ranch called police last week because under the influence.
one of their neighbors was driving ■ Stranger danger: A man
through people’s yards. Deputies went inside a woman’s apartment
located the man, who was passed unannounced around 10 p.m.
out in his driver’s seat with his truck Saturday and she kicked him out,
still running. He was parked in his only for him to try to come back in.
own driveway. The 58-year-old was When officers arrived, the man was
arrested on a charge of DUI. passed out next to a bottle of liquor
■ Unhappy customer: Police on her stoop. The man was too drunk
responded to Hole Bowl at 11 p.m. Sept. to sit up, and when police tried to get
24 about a man who had returned to measure his breath the monitor kept
Vote For
the restaurant and bowling alley after going up and up until it was off the
he had been kicked out and told not charts. He was taken to the hospital
to come back. The 35-year-old Oregon and charged with public intoxication.
“
Continued from 2A “We talked about inserting intention-
ing have to prove it was accidental if al touching and striking the arousal,
that’s what it was,” Schwartz said. gratification and abuse part,” she said. We have all seen it, the roadside wildlife tragedy.
In a follow-up interview Monday, But she is cautious about unintended Wildlife not only feeds the local economy, many
Chief Smith said he thinks “the statute consequences of changing language in people feed their family from strong sustainable
has been an issue since the day it was the law, like affecting juvenile cases in herds. For hunters supporting wildlife crossing
written.” He said it is problematic from which the same sexual contact defini- funding is putting our money where are mouth is,
tion is used. The definition of sexual
”
a law enforcement perspective because literally. Let’s keep wildlife in the longterm plan for
it’s difficult for officers to establish prob- contact is used in several Wyoming stat-
able cause for the intent of why some- utes, case law and annotations — sexu- Teton County.
one intimately touched another person al abuse of a minor in the first, second,
without their consent. third and fourth degrees, sexual assault - Dwayne Meadows,
in the first, second and third degrees, Executive Director, Wyoming Wildlife Federation
“We need a common sense law and
something that works in many scenar- sexual battery, public indecency, exploi-
ios,” Smith said. tation of a vulnerable adult and incest. X Every year more than 500 animals are hit and killed on Teton County Roads.
Prosecutors have to prove a higher “Any amendment would need to be
burden, beyond a reasonable doubt. carefully crafted, as the reach is wide X Wildlife crossings have proven to be more than 80% effective at reducing
Teton County Prosecutor Erin Weisman under Wyoming law,” Weisman said.
is also involved in discussions about They also don’t want to criminalize collisions and improving human and wildlife safety.
changing the statute. She brought it up the accidental brushing of a fellow shop-
to other Wyoming county attorneys at a per in a narrow grocery aisle, she said. X Because wildlife-vehicle collisions are costly, constructing wildlife crossings
370980