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Bison kills continue; no more strip searches; the unsinkable boat

  • Jan 11, 2016
  • Jan 11, 2016 Updated Jan 26, 2016

Odd and interesting news from the West - click thru to see all the stories.

Yellowstone chief: bison slaughters to continue for now

BILLINGS, Mont. — Large numbers of migrating Yellowstone National Park bison are likely to face slaughter for at least the next couple of winters as officials weigh changes to a 15-year-old agreement that drives the practice, the park's superintendent said.

Most of the bison removed from America's first national park are captured and sent to slaughter over concerns they may transmit the disease brucellosis to Montana livestock.

Yellowstone Superintendent Dan Wenk said he's hopeful the slaughters eventually will be phased out and replaced by hunting. However, that's not feasible in the short term with a near-record population of about 4,900 park bison, Wenk told The Associated Press.

The park has agreed to reduce bison numbers as a way to minimize conflicts with landowners in Montana. It plans to cull 600 to 900 of the animals this winter using a combination of hunting and shipments to slaughter.

"Under current population numbers, we will have to capture and ship bison to slaughter," Wenk said. "That's just the world we're living in today. It might not be the world we're living in three years from now."

No bison-to-cattle transmissions of brucellosis have been recorded in the wild, which Wenk said was one gauge of success for a 2000 bison management agreement between federal agencies and Montana officials. Brucellosis was introduced into Yellowstone's bison herds by domestic livestock brought into the region by early settlers.

An overhaul of the 2000 agreement that began last year is expected to be completed by late 2017.

Yellowstone's bison herds numbered just a few dozen animals in the early 1900s. They recovered dramatically over the past century, and today the park has some of the only genetically pure bison left in the world.

Yet that conservation success in recent years has become overshadowed by the slaughters used to control bison numbers, Montana State University wildlife researcher Robert Garrott said. Sporting groups, wildlife advocates, members of Congress and the Government Accountability Office have criticized state and park officials for not coming up with alternatives, but Garrott said they have few viable options.

"It's a numbers game: How many can we accommodate?" Garrott said. "The source population every year will produce 6 to 10 percent (more bison) that will need a new home. ... Despite the fact that bison are an iconic symbol of the United States and North America once had 30 to 60 million of them, our society has said there is no place we're willing to accept them."

Bison generally are protected from being killed inside the park. They run into problems when they cross Yellowstone's border with Montana in winter to seek out food at lower elevations.

Hunters, many of them from American Indian tribes with treaty rights in the Yellowstone region, will wait just over that border for the chance to harvest one of the large animals. Also on the border are holding pens that the park uses to capture and hold bison until they can be shipped to slaughter.

Montana officials have softened their attitude against bison in recent years as public opposition to the capture and slaughter program has grown. Former Gov. Brian Schweitzer took the first steps in 2011, allowing large numbers of bison to roam free during winter in the Gardiner area just north of Yellowstone.

His successor, fellow Democrat Gov. Steve Bullock, last month took another step to increase tolerance for bison. Bullock proposed allowing for the first time bison to remain in parts of Montana year-round.

"Progress is being made on behalf of the bison," Wenk said. "It's not a short-term process."

Police: 2 arrested in theft of funds from Senate president

LAS CRUCES, N.M. — Las Cruces police arrested two men Monday accused of embezzling more than $180,000 from a high-ranking member of the New Mexico Senate.

Stephen Dale Siddall, 44, and William Samora, 42, are facing embezzlement and conspiracy charges in the theft of money from personal, campaign and government accounts belonging to Senate President Pro Tem Mary Kay Papen.

Siddall — who served as Papen's campaign treasurer and was a longtime personal assistant — also faces forgery, identity theft and disposing of stolen property charges.

Bond for Siddall was set at $75,000 while Samora was held on a $50,000 cash bond.

It was unclear if the men had attorneys, but Siddall told reporters as he was escorted to a police car that the embezzlement allegations were not true.

Police began investigating last year and discovered more than $8,700 in withdrawals from Papen's Senate account that dated back to 2013. Another $49,000 disappeared from her election account between November 2013 and May 2015, and more than $125,000 went missing from her personal account.

Police accused Siddall of writing checks and using bank cards to withdraw money from all three accounts. They say he had some help from Samora.

They also claim Siddall sold a watch and bracelet belonging to Papen. The watch was located at a pawn shop in El Paso, Texas, and the silver bracelet was returned by a woman who told authorities she had purchased it from Siddall for $200.

Siddall was taken into custody at the courthouse in Las Cruces after pleading not guilty to seven felony counts of credit card fraud in a separate case that stems from the theft of a credit card belonging to Papen's son-in-law, Las Cruces City Councilor and Mayor Pro Tem Greg Smith.

Court documents say Siddall and Samora lived at Papen's home in Las Cruces rent-free with the expectation they would pay utilities.

Papen, 83, first confirmed in November that an investigation was underway into the missing money. In the months since, she and a certified personal accountant worked to figure out how much had been stolen.

Papen alerted the state attorney general's office and also filed corrected campaign finance forms with the secretary of state's office.

State officials said Monday they couldn't recall any similar cases that involved that much money.

Papen told the Las Cruces Sun-News in November that Siddall, who worked as her assistant for about 14 years, had been a trusted person who she treated like a member of her family.

Malpractice suit puts Texas, NM laws at odds

ALBUQUERQUE — The New Mexico Supreme Court has agreed to hear a lawsuit examining if either Texas of New Mexico laws apply to a woman's lawsuit alleging medical malpractice.

Kimberly Montano is looking to pursue a medical malpractice claim against a Texas Tech University surgeon she says botched her gastric bypass surgery in 2004, The Albuquerque Journal reports. She said she sought treatment in Lubbock, Texas because that was the only way her insurer would cover it.

Texas law bars lawsuits against individual state employees such Dr. Eldo Frezza, then chief of bariatric surgery at Texas Tech University Health Sciences Center, who performed the surgery. In New Mexico she would be able to pursue her case for damages.

Doctors and hospitals in both states have said the decision could be disastrous for patient care in eastern New Mexico, where doctors are scarce. They say it could lead Texas providers to be reluctant to care for New Mexico patients for fear of being sued.

But Montano's attorneys say it is unfair if Texas law applies, since Texas' tort laws are far less plaintiff friendly.

"While New Mexico has developed a public policy favoring recovery for injured parties, Texas has done the opposite, developing a system of medical liability laws hostile to its citizens injured as a result of medical negligence," the trial lawyers argue. "The merits of Texas' choices are not at issue here . but New Mexico has made different choices."

A state District Court and the New Mexico Court of Appeals both concluded that violates New Mexico's public policy.

Frezza's attorneys argue that the lawsuit must be filed where the alleged harm occurred: Texas. The two New Mexico courts said the injury "manifested itself" in New Mexico, making the state the proper venue.

Montano filed a lawsuit in 2011 claiming she suffered abdominal pain shortly after her 2004 surgery. She says Frezza told her discomfort was normal, but her pain became so severe she was admitted to other medical centers multiple times until in 2010 she had a surgery to repair damaged caused by her initial surgery.

Trial begins for teen accused of killing father, brother

COEUR D'ALENE, Idaho  — A Coeur d'Alene teenager accused of killing his father and younger brother two years ago heads to court this week.

Eldon Gale Samuel III, 16, is being charged as an adult in the killing of his father, 46-year-old Eldon Samuel Jr., and his 13-year-old brother, Jonathan Samuel, reported The Spokesman-Review. He was 14 at the time of the killings.

Jury selection begins Monday, and more than 130 Kootenai County residents have been summoned for the jury pool.

Samuel is accused of shooting his father and shooting, stabbing and hacking at Jonathan repeatedly with a machete on March 24, 2014. The teen called 911 that night and officers found him standing out front in bloody clothes.

Police took Samuel to the station, where he waived his right to an attorney.

Officers said the teenager told them he feared his father, who beat him, would kill him. He told police his dad was high on painkillers, fired a gun outside the house and started talking about zombies, according to court records. Samuel said his dad also started hitting and pushing him.

He told police he shot his father and then went after his autistic brother, who was hiding under a bed. Samuel blamed Jonathan's disability for the family's problems, according to the police transcript.

Samuel initially was charged with first-degree murder in both deaths, but the charge was changed to second-degree murder in the father's death after the younger Samuel said his father abused him.

Police say Samuel showed no remorse and said he'd contemplated and prepared for the killings for months.

Samuel's attorney, however, argued that the teen was sleep-deprived and on prescription medication when police interrogated him. The attorney, Kootenai County Public Defender John Adams, also said police coerced him into waiving his Miranda rights.

Adams asked the court to throw out the statements the teen made to police and evidence gathered against him after his arrest.

"They lied to him and misled him over and over again," he told Senior Judge Benjamin R. Simpson.

Simpson, who will preside over the four-week trial, ruled last January that Samuel knew what he was doing.

The defense team has also raised questions about Samuel's mental state at the time of the killings, but the insanity defense was abolished in Idaho in 1982. Adams unsuccessfully challenged that change in the law.

Defense attorneys have gathered thousands of pages of documents about Samuel's difficult upbringing in California, which could play a major role at trial.

According to the boys' half-brother, Anthony Samuel, their father was a recovering drug user trying to get his life back on track. The family moved from California to Coeur d'Alene in 2013 to be closer to Eldon Samuel Jr.'s father.

Anthony Samuel told The Spokesman-Review that the teenage Eldon had a history of violence.

"We all knew he was not exactly right, but we'd never think that this would happen," said Anthony Samuel.

California prisons end controversial visitor strip searches

SACRAMENTO, Calif. — California prison officials are ending visitor strip searches in response to a recent change in state law.

State lawmakers banned the controversial visitor strip searches last summer.

But visitors face increased scrutiny for a year if traces of drugs are detected by dogs or airport-style scanners under the corrections department's revised regulations.

Visitors who refuse clothed searches would be subject to an increasing range of penalties under the regulations proposed Friday.

Lawmakers also are concerned about using dogs to search visitors.

But prison officials say they need to deter the smuggling of drugs and other contraband.

The budget Gov. Jerry Brown proposed last week calls for spending nearly $8 million for another year of intensive efforts using dogs and other methods at 11 of the state's 34 adult prisons.

2015 Oregon's warmest year on record, data shows

PORTLAND, Ore. — Data from the National Oceanic and Atmospheric Administration shows that 2015 was Oregon's warmest year on record.

The Oregonian reports (http://is.gd/BXW6bz ) that Oregon was one of four states to experience record average temperatures in 2015. Washington, Montana and Florida also saw record years.

An Oregon State University article published on Thursday about the NOAA data says Oregon's average temperature in 2015 was 50.4 degrees, which breaks the previous high set in 1934 by a half-degree.

According to NOAA data, 2015 was the second-warmest year on record for the 48 contiguous states, with average temperatures coming in at 54.4 degrees.

Ruling: State doesn't have to pay in judge sexual-harassment case

BILLINGS, Mont. — Montana does not have to pay a more than $744,000 settlement reached in a sexual harassment claim filed against a former eastern Montana judge, a District Court judge has ruled.

District Judge George Huss, of Forsyth, agreed in September 2014 to settle a sexual harassment complaint filed by his former court reporter. She quit her job in early 2014, and Huss resigned, effective on Jan. 1.

In the settlement, the court reporter agreed not to attempt to collect damages from Huss but from the state.

In October 2014, the state Human Rights Bureau found that the state was not liable for sex discrimination and harassment.

The state then asked a judge in Lewis and Clark County to declare that it was not obliged to pay any damages on behalf of Huss, The Billings Gazette reports.

District Judge Jeffrey Sherlock sided with the state in a ruling issued on Dec. 28, saying Huss' conduct was outside the scope of his employment and Huss settled the claim without the state's consent.

The state told Huss, in writing, that if he entered into a settlement agreement, "it would be without the state's consent and that the consequence would be that he would lose his right to defense and indemnity."

The result of Huss' actions is that he protected himself against any financial loss and ended the woman's complaint against him, Sherlock wrote.

The victim's attorney says he plans to appeal the ruling to the Montana Supreme Court.

Univ. of Colorado's Patty Limerick named state historian

DENVER — Gov. John Hickenlooper has picked University of Colorado professor Patty Limerick to serve as the new state historian.

The appointment, announced Monday, is part of a new collaboration between the university and the organization that runs the state history museum, History Colorado.

Limerick co-founded the Center of the American West at CU and will continue to serve as its faculty director as well as a professor at the university.

She replaces Bill Convery, who left the job in August.

Bremerton manufacturer builds 'virtually unsinkable' boat

BREMERTON, Wash. — A Bremerton-based manufacturer is working on a line of aluminum boats they call "virtually unsinkable."

The Kitsap Sun reports (http://bit.ly/1SK2oHe ) that Life Proof Boats is launching a line of vessels resembling Coast Guard patrol boats for fisherman in the Northwest.

Life Proof's Micah Bowers says they are working to build a boat for recreation that's more robust than what is currently in the market. Their boats feature aluminum hulls with flotation collars for added buoyance and stability.

The boats can reach speeds of 60 mph, powered by two 300-horsepower outboards.

Prices start at about $50,000 and Life Proof has worked with Kitsap Bank to create financing packages.

Powerful replacement coming for big Wyoming climate computer

CHEYENNE, Wyo. — One of the world's most powerful computers used for earth-science research, including studies involving climate change, is scheduled to be replaced by an even faster machine.

The National Center for Atmospheric Research has been running the Yellowstone supercomputer near Cheyenne since 2012. Scientists use Yellowstone for a wide range of research including modeling of air pollution, ocean currents and weather.

On Monday, NCAR officials announced plans to replace Yellowstone with a supercomputer named Cheyenne next year.

Yellowstone ranks among the world's 60 top fastest supercomputers. The new Cheyenne supercomputer will be two-and-a-half times more powerful, capable of 5.3 quadrillion calculations per second.

That's about 100,000 times faster than a typical home computer. NCAR officials say such speeds make it possible to model regional effects of climate change.

Nobody hurt when fishing boat runs aground in Ventura

VENTURA, Calif. — Authorities say nobody was hurt when a 30-foot fishing boat ran aground at a Ventura beach.

The city fire department deployed its ocean rescue team after the incident was reported late Sunday in the Pierpont area.

The Ventura County Star newspaper reports (http://bit.ly/1OKoPdu) three adults were still aboard the commercial vessel while waves crashed over the decks. All three were safely removed from the boat.

Officials say several hundred gallons of diesel fuel are on board. Salvage operations are planned as ocean conditions allow.

Judge to decide on sentencing teen who killed 5 as an adult

ALBUQUERQUE — A hearing is scheduled to determine whether a New Mexico teenager who killed his parents and three siblings will be sentenced as an adult.

An amenability hearing is set for Monday for 18-year-old Nehemiah Griego, who pleaded guilty in October to two counts of second-degree murder and three counts of child abuse resulting in death.

Authorities say Griego fatally shot his parents and siblings at the family's home south of Albuquerque. He was 15 at the time of the January 2013 shooting.

His parents, Greg and Sarah Griego, were well-known locally for more than a decade of ministry work with inmates. Greg Griego also served as a pastor at one of Albuquerque's largest churches.

Griego's attorney says his sentencing terms could range from probation to three life sentences plus 30 years if he is sentenced as an adult.

Police seek woman accused of hitting officer with car

DALY CITY, Calif. — Authorities are trying to track down a 25-year-old woman who they say struck an officer with her vehicle in San Francisco and then fled the scene on foot.

KTVU-TV reports that the officer reportedly suffered minor injuries in the Friday incident.

Daly City police say they had gone to the San Francisco home of Denise Davis to arrest her for assaulting a person with her vehicle in connection to a previous incident. Police say she struck an officer with her car while officers tried to take her into custody.

Davis allegedly fled on foot and has not yet been located.

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