ATTORNEY GENERAL STATE OF MONTANA. February 20, 2014 BY FACSIMILE ( ) AND U.S. MAIL

Transcription

1 ATTORNEY GENERAL STATE OF MONTANA Tim Fox Department of justice 215 North Sanders P0 Box Helena, MT February 20, 2014 BY FACSIMILE ( ) AND U.S. MAIL Mr. Michael Cotter United States Attorney's Office District of Montana 901 Front St., Suite 1100 Helena, Montana RE: Missoula County Attorney's Office. Dear Mike: This letter follows-up on our telephone conversation of this date concerning the investigation that your office and the Civil Rights Division of USDOJ are conducting of the Missoula County Attorney's Office. The Office of the Montana and the USDOJ entered into an agreement in June of 2012 with respect to referrals of Missoula County sexual assault cases to the Montana Department of Justice. That agreement is memorialized in your June 15, 2012, letter to former Steve Bullock, and General Bullock's response letter of June 27, Copies of these two letters are enclosed for reference. As noted in your letter of June 15, 2012, the "agreement shall remain in place throughout the duration of' USDOJ's investigation. Pursuant to the agreement between our two offices, this office understood that USDOJ would "refer evidence of newly-discovered allegations of sexual assaults, or new evidence about previously known allegations of sexual assault" to our office, and that our office. would "consider this evidence and determine whether a new or reopened prosecution is warranted." Last week we obtained a copy of USDOJ's February 14, 2014, letter to Fred Van Vailcenburg off of an internet news site. Our office was not involved in the USDOJ's investigation, or in preparing or reviewing the USDOJ's February 14, 2014, letter. The information in the letter was not previously made available to this office. TELEPHONE: (406) FAX: (406) contactdoj@mt.gov

2 The letter states that USDOJ's investigation is not focused on the Missoula County Attorney's exercise of prosecutorial discretion, and USDOJ does "not seek to secondguess" decisions on whether to charge individuals with a crime. However, the letter concludes that the Missoula County Attorney's Office "often failed to take steps necessary to develop sexual assault cases properly so that informed and fair prosecutorial assessments may be made." The letter also asserts that "violent criminal activity" has gone unprosecuted by the Missoula County Attorney's Office. The letter further states that USDOJ "received information indicating that [the Missoula County Attorney's Office] failed to pursue viable sexual assault prosecutions and that this reflected problematic dynamics beyond the generally acknowledged challenges of prosecuting sex crimes." USDOJ goes on to state that, despite the inherent difficulties in prosecuting sex crimes, the Missoula County Attorney's Office "frequent failure to prosecute sexual assaults of women stand out." USDOJ's letter makes it clear that it believes the Missoula County Attorney's Office failed to prosecute sexual assault cases that should have been prosecuted. I assume that these cases were not referred to our office for review during the course of USDOJ's investigation because there was no new evidence. However, I am extremely concerned about allegations of gender discrimination and bias, and I am even more concerned about USDOJ's determination that there are victims of crime who may have been wronged and denied justice, and that there are criminals who have not received the just punishment they deserve. USDOJ's letter raises public safety and policy issues implicating my responsibilities as. Consequently, I request that USDOJ make available all evidence and information pertaining to sexual assault cases that USDOJ believes were handled improperly, or that USDOJ believes should have been prosecuted. All confidential or private information provided to this office will be subject to applicable state and federal laws. My intent is to make an independent determination as to what, if any, affirmative steps should be taken to address any issues. Thank you in advance for USDOJ's anticipated prompt and full response to my requests. I have appreciated the great working relationship that the Montana Department of Justice enjoys with you and the USDOJ in Montana. Please let me know if you have any questions. Sincerely, TIM FOX

3 Ends: 6/15/2012 letter, Cotter to Bullock 6/27/2012 letter, Bullock to Cotter c/encs: Missoula County Commissioners Missoula County Attorney

4 U.S. Department of Justice United States Attorney District of Montana Michael W. Cotter P.O. Box 1418 Phone: (406) United States Attorney Billings, Montana Mr. Steve Bullock Montana Department of Justice P.O. Box Helena, MT June 15, 2012 RECEIVED JUN. 1 8 DRNy GEJij OFFICE 4ELsm,MONThS In re: Agreement between the Department of Justice and the Montana 's Office to Refer New Evidence of Alleged Sexual Assaults Dear Bullock: This letter is to memorialize our understanding regarding the referral of certain information during the United States Department of Justice's investigation into the handling of sexual assault allegations by the Missoula Police Department, the Missoula County Attorney's Office, and the University of Montana at Missoula, including its Office of Public Safety. During the course of our investigation there is a potential for the United States Department S of Justice to learn of new allegations of sexual assaults, or of new information about previously reported sexual assault allegations. As we have discussed, because the Missoula County Attorney's Office is one of the entities under investigation by the United States Department of Justice, we believe that a referral of such information to that office raises concerns of an actual or perceived conflict of interest. Accordingly, the Montana 's Office and the United States Department of Justice have agreed that the USDOJ investigative team will refer evidence about newly-discovered allegations of sexual assaults, or new evidence about previously known allegations of sexual assault, to you or your designee within the Montana 's Office, to the extent permitted by law, including but not limited to relevant federal privacy restrictions. It is our understanding that your office will consider this evidence and determine whether a new or reopened prosecution is warranted.

5 Page 2 Steve Bullock. June 15, 2012 We have agreed to work together to ensure that all information shared is kept appropriately confidential, including by adhering to relevant state and federal privacy restrictions. This agreement shall remain in place throughout the duration of our investigation. Sincerely, MICHAEL W. COTTER United States Attorney MWC:skf cc: Jonathan M. Smith, Section Chief, Special Litigation Section Civil Rights Division, U.S. Department of Justice Christy Lopez, Deputy Chief, Special Litigation Section Civil Rights Division, U.S. Department of Justice

6 Steve Bullock ATTORNEY GENERAL STATE OF MONTANA ' 1 - Department of Justice 215 North Sanders P0 Box Helena, MT June 27, 2012 Mr. Michael W. Cotter United States P.O Box 1478 Billings, Montana Dear Mike; Thank you for your letter of June 15th outlining our conversations about referrals to this Office arising out of the United States Department of Justice's investigation into the handling of sexual assault allegations by the Missoula Police Department, the Missoula County Attorney's Office, and the University of Montana, including its Office of Public Safety. I agree with the referral protocols as set forth in your letter. As outlined in your letter, if during the course of its investigation the USDOJ investigative team uncovers evidence of newly-discovered allegations of sexual assaults or new evidence about previously reviewed allegations of sexual assault, USDOJ will refer those new allegations or new evidence to the 's Office for review and consideration. I have designated Brant Light, who serves as Chief Prosecutor, as the point of contact for the USDOJ investigative team. Brant will review any referrals to determine whether the new evidence or newly uncovered allegations of sexual assault warrant reopening a previously closed case or a new prosecution. This determination will be at the sole discretion of this Office. Now that our agreement has been formalized, I will ask my staff to arrange a meeting with the USDOJ investigative team for a status update on the investigation and to discuss any specifics that need to be addressed to accomplish this referral protocol. Sincerely. STEVE BULLOCK SB:sj TELEPHONE: (406) FAX: (406) contactdoj mtgov