Are We Prepared for Absolute Accountability and Zero Tolerance?

Inside Observer, I feel as though I must make a few comments about your article… I am with you for the most part – in philosophy anyway. I sense that you are a younger person in the Criminal Justice field – and though your heart is in the right place, you are missing a few fundamental points that must be considered. First let me say that of course our society should have absolute disclosure and zero tolerance in issues such as the Kimball Mason debacle. But you make some assumptions – and even accusations that are unfounded and not at all in line with the Law and the elements that must be proven before a person can be convicted (or really even accused) of an actual crime. To make this simple and more effective – I will address each of the people that you describe above, and explain to the public why and how this likely was able to happen. First I want to point out that the Police Department and Court System – to include many attorneys in the area have been around a long, long time. The workers in the city and county have very little turn over, and in Idaho Falls it is not uncommon to see court clerks, police officers, judges, etc. in their positions – or closely related positions — for decades. These people go in to work day in and day out – over and over – year after sometimes miserable year. Many become very complacent. They see the same faces – the same documents, the same cases, hear the same excuses over and over and over. They build friendships or at least close working relationships with the other people who work in this field in this small town. They don’t question or look at every detail with great suspicion – as I guess now we all know they should. I knew Kimball for well over 20 years. I gotta tell you – I would NEVER have questioned him if he gave a reasonable or logical explanation for what he was doing. He was the prosecutor for crying out loud! A person makes an assumption that this man can be trusted. I am not saying that making such an assumption is a good thing. That’s just the way it works. People put a ton of TRUST in Kimball. And it was that trust that he used to operate undetected for so long. You name as culpable to some degree many people; The Chief of Police, Court Clerks, the County Prosecutor, Deputy Prosecutors, other local attorneys, and more. Are you saying that all of these people just knowingly turned a blind eye to what they knew to be criminal activity? That is ridiculous! Most of these people are very good, honest and decent folks. The ODDS of having that number of people together – over time in a small town like this just ignore known criminal activity are unbelievable! Couldn’t happen. They didn’t know! And what is the FIRST required element for a “crime” such as this? Knowledge and INTENT. To start charging people with a crime you have to prove that they had knowledge and intent. Let’s start with Chief Livsey (who I personally cannot stand) He is not responsible for Kimball Mason. Kimball doesn’t work for Livsey. Kimball is a contract employee of the City. Livsey has no supervisory responsibility to watch over or question Kimball. The same with the City Council. I guess it is possible that Dale Storer (City Attorney) would have some duty to over see Kimball’s contract – but due to co-employment laws – the contracting company (or city) must be VERY careful about getting too closely involved in the day to day functions of a contract employee. I really see no one within the City that was in a position to watch, audit or otherwise “baby-sit” Kimball, and I think that to now – after the fact start accusing people of actual wrongdoing because there was no such process in place is unfair. The County Prosecutor? Do you really believe that he would sit back and allow a fellow attorney to commit crimes like that? What would he have gained by doing so? What would he have stood to lose? Are he and Kimball close – long time friends? Is there actual EVIDENCE that he knew and did nothing? No. If there was – the very thorough investigation that was done by Mike Dillon – Idaho AG’’s Office and Ex FBI Agent would have uncovered it. I could go on and on – and say the same things about all of the Judges – Court Clerks and everyone else – but you get the picture. On this site I have read everything from “Kimball needs the Death Penalty” (yes, you Kewl) to “Tar and Feather Him.” I have seen comments indicating that our ENTIRE system should be reviewed and EVERY case that Kimball ever touched should be reviewed. A lot of emotion talking here – and very little common sense. I have seen numerous people in the system accused. The truth is that we presume people are innocent until PROVEN guilty. This investigation that is still ongoing is a good one. I have been in investigations for many, many years and have read all of Investigator Dillon’s notes and related documents – all online on the State AG’s web site. He is thorough – and if it can be proven that others were criminally involved I am very confident he will prove it and they will be charged. If he cannot prove it – and there were people involved that get away with the crime – well that’s too bad. That’s how our system works. It happens in murder cases and it could happen here. That’s how the system works. We still must be fair – and operate within the confines of our own laws and this “great” system. Should this have been caught sooner? You bet it should have been. Would it have been caught sooner if guys like Roger Smart and Chief Livsey and the Evidence Officer were on the ball? Yep. But that’s another topic entirely, and frankly my fingers hurt from typing.

I feel guilty talking so much about the problems that exist — problems which allowed this Kimball Mason issue to not only happen – but to go on for so long without being detected, that I feel I must offer some possible solutions. A supervisor that I use to have on that very Department never wanted you to bring a problem to him without a recommended solution – so in his honor — here you go: You have to get rid of complacency. I can tell you that the top end of that Police Department is heavy. Not only is it top heavy – but its pretty “fat and lazy” to boot (figuratively speaking) On the IFPD the higher you climb – the more you make and the less you have to do and are responsible for – with the exception of the Chief. He is responsible for everything, though I wonder sometimes what he does. A Sergeants job is easier than a Patrolman’s. The Lieutenant does less than a Sergeant. The Captain really does nothing at all. These Captains are pretty darn “peaked out” in terms of pay. When you consider the educational level of most of them – and what they actually do in a 5 hour day, you walk away shaking your head in disbelief. Most of them made that rank not because they were stellar cops. They made it there because they spent Sundays sitting in the right building – and they were “yes men” who didn’t make a lot of waves. I often wondered why the position even existed in the first place. It really only serves as potential career advancement opportunity for all of the Officers below that level. Once you get a Captain – you can’t really seem to get rid of him. He makes so much money for doing really nothing at all that no one can seem to pull themselves away from it. They get complacent. They have been around for so many years that really – I believe — they just don’t really care much except on payday. Just my opinion. They don’t put a lot of effort into coming up with good ideas like “Auditing the evidence room every 6 months.” It’s easier to just sit around – drink coffee and remember the days when you could actually fit into that uniform.

The Evidence Room Custodian. I have seen many come and go over the last 25 years. Almost without exception they are the misfits of the Department. They are either too old, too fat or too injured to work the streets – so they just sort of end up in the basement — literally. Not a lot of supervision – not a lot of accountability and not a lot of challenge. Just check the stuff in and check the stuff out. Any time you are playing your 5th string quarterback – you’re probably not gona win the game. A top notch — on the ball evidence custodian may have caught this sooner. Especially one who was doing supervised bi-annual audits of the evidence room. Do you need a sworn Police Officer making $25 an hour in the evidence room – or might you get better results from a $20 an hour civilian who gives a sh#@?

Get rid of the Captains positions or at least have a mandatory retirement age for these dinosaurs. Not many people are much good anyway after about 25 years as a Police Officer. That’s why so many states have (or use to have) mandatory retirement ages and years of service. It’s a young mans (or woman’s) game – and all that old dead wood just builds complacency – lacks imagination and new ideas and does no real service for anyone. They aren’t at the top of their game. I believe that they are for the most part honest and decent people – and that none of them were involved in a criminal way in this issue – but part of the solution here is to rid your Department of the “do nothings” and keep high quality people in all positions – all supervised and accountable for their respective areas of responsibility. You can hire two new young educated rookies for what that one old do nothing Captain is costing you. Combine that with the example that is being made of Kimball Mason by the courts – and we should be back on track in no time.

Mayor Fuhriman: if you hire the next police chief from the outside, i’m sure you don’t have to worry about residents trying to recall you (like silly St. Agony).

I am in favor of hiring from the outside for new blood and new ideas.

OK4now– The Mayor oversees all things that take place within the city. The Department heads report to him andtnd the city councel. He really would have no serious ties to a contract employee like Kimball Mason. That would mainly be handled by the Department head — in this case the Chief of Police, and I asume (hope) that a city employed attorney is involved in the contract negociations and writing. The point I was maiking was that complacency, too much trust and a lack of supervision was really what allowed this to happen — and certainly was what allowed it to go on for so many years. Hoping that the Mayor might read this someday — and knowing that he already is very likely to appoint his friend and lobgtime fellow Police Officer Mark McBride as the new Chief — I have taken this opportunity to ask the Mayor to consider hiring a new Chief from outside the area. My hope would be that a new Chief from outside will be more likely to make some seriusly needed changes — without any “firenship loyalty” involved. Has anyone yet wondered why the city used a contract attorey to handle their misd. cases in the first place? They could just use the County Prosecutor — as was done when Kimball was the County Prosecutor– and is done in almost every other county. The reason is this: when Dave Johnson won the election and became the County Prosecutor –taking it away from Kimball, the city police adminitrators (who were friends with Kimball and trusted his work) did not like Dave Johnson. They contracted Kimball at that point to handle all misd. cases so that they did not have to deal with Johnson as much. To my knowledge — this contract was never opened up for public bid… it was a classic “good ol’ boy” deal — done before Chief Livsey was even there. It has been mentioned on here that the Mayor is soon to replace Chief Livsey as I guess Livsey is going to retire. I just took this opportunity to ask the Mayor to bring in some “fresh blood” with some new ideas and no ties or friendships — because I believe that this will help to prevent future problems like this from taking place.

The evidence procedures audit results published in today’s Post Register were interesting for their sensitivity.

They emphasized Detective Zuella Nelson did a great job, equating to the top third of California, which was noted to be the top police environment in America.

However, then it goes on to say Nelson has gotten “limited training, inadequate staffing, untrained supervision, and inadequate facilities and equipment.” They were also using “an incomplete manual” and didn’t get reviewed or audited.

It sounds like the evidence room was the neglected stepchild of IFPD leadership.

Finally it turns out they should generally only keep about 100-150 guns at a time, and they have 590 guns!

So is the IFPD going to hold a firearms sale, or could those be converted to use for a public sculpture like you find in many larger cities?

InsideObserver, I am sorry I offended you. I certainly did not mean to. I guess I missed the point of your post — and/or you missed the point of my response…. You say now that you did not accuse anyone… here are some quotes:

“One can hardly doubt that Dane Watkins was aware of what Kimball was doing.”

That sounds like an accusation to me. To have knowledge of a crime is to be a party to it. I do not believe that Watkins knew — and if he did — I am trusting that this indepth investigation by the State will bring that out.

“We have read that at least one other attorney watched as people put bribe money under Kimball’s door when he wasn’t in his office. Fines are NEVER paid to the prosecutor.”

So from what you say — a local attorney stood by and watched as money which he KNEW was a BRIBE was paid to Kimball? I wonder how you have established the fact that this attorney KNEW this was a bribe? Could he have mistakenly thought it was a payment for legal services rendered? — Kimball was in private practice. If this attorney watched and KNEW that a bribe was being paid — then once again — I am trusting that this indepth investigation by the State will bring that out.

“At least one of the city council members should be resigning. The chief of police should be fired. Several of his staff should be fired. The county prosecutor should resign.”

To me, as a reader of your post this statement implies some level of guilt on the part of all of these people.. I believe that to make such a statement knowing that an ongoing investigation is taking place — and not all details are out yet is inmature. That is why I made the comment about your probable newness in this field. My point was simple (though I admit — too lengthy) — This is a criminal act that may have involved one person or may have involved more. We should not speculate and accuse people of actual criminal involvement. Who knew — who did not know — leave it up to the State’s Investigator. He has a burdon of proof that must be met — and all of these people are NOT guilty of any crime until that burdon has been met.

From that point, the rest of my response was just designed around putting out some ideas as to why this might have happend. I was offering a 2nd explanation to yours — yours being that they all knew and did nothing. My point was that they likely did not know what was happening (but probably should have) because they were too trusting and complacent — and I tried to give some ideas as to how we might avoid that in the future. I also backed up my point of view by saying that if any of them DID KNOW what was happening and failed to act, I was hopefull that the investigation would uncover that, and that anyone who violated the law might also be charged. Sounds reasonable to me.

Once again — sorry if I offended you

I’ll take the criticism that stating that Dane “knew” would sound like an accusation. I should have explained how I got from point A to point B. Again, let me state that I only repeated what had been reported and took it to its logical conclusion IF we are contemplating zero tolerance.
(Further, I am not offended, but rather amused.)

When the two individuals, granted they are criminals, reported to Chief Livesey and Dane Watkins that their guns were missing from the property room, one can conclude nothing else than that these two men KNEW something was amiss. They may not have known what but I, personally, KNOW FOR A FACT that at least one of these two individuals went to these two men personally and asked how to recover their missing property. That is “knowledge.”

Second, when the city police officials asked that Bruce Pickett, Chief Deputy Prosecutor, file the forfeiture notices to take the cash sitting in the credit union account, he told them they could not “FORFEIT” the money as time had expired for the filing of these motions. However, he said he would research the possibility of taking the money under “ABANDONMENT” laws. By the time he got back to them on how to do so, they had already approached Kimball and he had filed under “FORFEITURE” and the money had already been released to the police department, who wrote Kimball a check for his 25% fee. When Bruce Pickett learned that his services were no longer required, AND WHY, he KNEW that an illegal act had been committed. As the chief deputy in the prosecutor’s office, and as an officer of the court, he had an obligation to report this to Dane. I admit I am only assuming that he did, though. But as you asked, so do I. What could Bruce Pickett possibly gain by withholding this information from the County Prosecutor himself?

And to answer your question regarding what could Dane gain by acting or failing to act? It isn’t a matter of what he gained or did not gain. He is the chief law enforcement officer in the county and whether he personally gains something or not, he has been elected by the people, and accepted the responsibility for, prosecuting ALL crimes.
Several posts in other articles cite police officers who took no notice of an individual’s position in society when they were discovered driving drunk. Why then, would the police and court officials refuse to take notice when another official was seen committing illegal acts?

I do not envy the position these people found themselves in. Kimball was arrogant, pushy, and had been around since dirt. It would not be comfortable to be placed in the position of reporting that he had used a judge’s stamp, or taken property illegally from the property room, or altered a judge’s order. But is the answer to look the other way?

We do not have zero tolerance at this point. By their own admissions in the AG investigation, many many people witnessed Kimball committing crimes AND DID NOTHING (at least nothing that has been reported). If they did do something, such as reporting it to their superiors, that will hopefully come out in later AG reports. I have little hope for that as the superior officers have had much time now to cover their butts and it seems more likely the little guys will take the fall. (That’s personal opinion)

Finally, I would ask that we get back onto the point of my article. Are we prepared for zero tolerance? If a court official in any position witnessed an illegal act and failed to notify his/her superior, or if they did and that superior failed to take action, what next? Prosecute them? Fire them? Where would we be willing to draw the line if we don’t advocate ZERO tolerance? Who should be relieved of personal responsibility for failing to do their job and protect the sanctity of our judicial system?
What strikes me as absolutely unbelievable was that the first people to speak up and stick their necks out were the criminal defendants, not the court officials. How the heck sad is that?

Oh — and to be clear — when I mentioned “what would Dane Watkins stand to gain by knowing of this criminal act and not doing anything…” I must not have been clear. You misunderstood my point. My point was this; what would possibly motivate Dane to know that a crime was being comitted and just turn his head? There was really nothing to be gained by this — he would have been clearly risking his carrer by becomming a potential party to the crime. It just does not make sense that he knew what was happening — knew it was a crime — and took no action. He had nothing to gain and potentially EVERYTHING to lose… I believe that you misunderstood what I was saying ?

I am only amused because you want so badly to win the debate that you keep changing the subject to the concept of innocent until proven guilty, rather than discuss the intent of this posting - What would we do if all the implicated/compromised people are removed, due to absolute disclosure and zero tolerance? What would happen to our judicial system and could we cope with/accept that?
I’d love to debate innocent until proven guilty with FeelinLucky. Write your own article on that topic and I’ll answer. It would be more interesting if you argued more than “it’s the law” and actually put in some case studies showing that it actually works that way too.

But to answer your rediculous question about what would happen to our Judicial system and could we cope — not much substance there. Of course we could cope. Of course our Judicial system would go on. Do you think it would be the end of civilization in Eastern Idaho? We all want full disclousre and total accountability — and I am pretty sure no one is prepared to express a desire to tolerate criminal activity within their Police Department and Judicial system. Its a damn cancer — and we all hope that through a solid investigation and follow up on issues of concern by adminitrators in certain positions — we will rid ourselves of all of cancer regardless of how much has to be cut away. Can we cope and accept? You have to be kidding! Do we have a choice?

Inside Observer,

I think I’ve followed the theme of absolute disclosure/zero tolerance so far, despite not being connected with the legal or law enforcement systems in any way. I have seen zeo tolerance policies implimented elsewhere (in non-law enorcement). To have zero tolerance, wouldn’t the residents of the city/county have to be on board? Or, have I somehow missed your meaning of zero tolerance?

Also, when you mention above the “several defense attorneys” among others COULD, MAY or POSSIBLY resign, I’m not sure I understand about the defense attorneys. I’ve read a lot of the AG’s report and while I do NOT know for sure to what you are referring, I’m wondering if you are referencing those private attorneys who “worked” with KM in any capacity, primarily as defense attorneys for clients Mason prosecuted,

However, I’m wondering now if you may have been referencing those who use to work in the County Prosecutors Office, when KM was there. Can you please educate me where I am confused? Otherwise, it almost looks, in your last post that you suggest private defense attorneys could/may/possibly resign, like you are questioning if these private citizens might resign their positions. As a private defence attorney, what does that person standand to loose/gain by possibly resign? Since private defense attorneys aren’t elected or don’t work for the county now,

So are you suggesting that clerks, like defense attorneys (and others), have a much higher unerstaning of the law. Therefore, the expectation in their conduct, because they know the laws, unlike someone me who does not, would be they wouldn’t tolerate questionable or inappropriate behavior and they would report it to the appropriate supervisor or other perons? If this is the case, to whom do private attorneys report their concerns or suspicions to?

Or, did I miss your points entirely? If I did, would you please try explaining them again? I want to understand what seems like a valid queston, because it seems like a lot of the above-named people could be gone if everyone that may have had knowledge or somehow had been involved and took no action, would have to be accountable to the people? If all involved might resign from their positons, and where would that leave law enforcement and the legal system in Bonnevlle County? Did I totally miss the boat, or wasn’t that really the points you were trying to make? Could people handle this much change to understand potentially how many employees of law enormcent or the county or city may have to make a change, should a zero tolerance and total disclosure law were to be implimented?

Thank you for explaining this to me.

Inside Observer, this was a great article asking a balanced question (rather than railing for or against something like I unfortunately tend to do), and you’ve tended to the followup discussion very smartly, always balancing the issues that were core to the original article. Your efforts are a great example of what I had in mind when I started this site, and I look forward to reading more from you.

I like how you balance the consequences of holding the various characters accountable.

We have to ask ourselves what we find acceptable and unacceptable? I keep questioning those clerks who saw the stamps. After I brought it up there was quickly a report in the PR about them confronting Kimball, but their issue was they didn’t want to be his secretary anymore, not that they thought his actions were unnethical.

Part of sweeping people out is the cost of experience. How much will it cost us to retrain some of those people who have decades of experience?

What’s the long-term cost of keeping them, though?

John — can you clerify what you mean when you say “Kimball’s action?” Are you talking about stealing guns and other evidence from the evifence room — the improprer use of the Judges signature stamps and/or other problems.

Sorry, I should have been more clear.

Our case did not involve stolen property but Kimball’s behaviour (as related to our case) appears to have violated several of the ABA’s guidlines regarding treatment of victim’s families, plea deals, discolosure of information etc..It’s also questionable how our case (and the defendant) was handled especially in light of current discussions. The timeline for these activities/letters were about 1 year ago.

I do not want to speculate why the letters were ignored, but I have a few good ideas. I guess it doesn’t matter as it’s all coming out now, it just took a little while.

The post register gets so many things wrong its impossible to use any thing they write as truth, I for one try to read the paper with an open mind. Stupid on my part, I should cancel but like to keep up on things and can’t always catch the news on t.v. My point is the chief may not be taking credit, the post register is just giving it to him.

Since the chat box is down, I’m leaving a comment to ask Inside Observer how the book on this matter is coming along?

COOL! Is Joe going to put a sampling on this site? I’m very excited to get a glimpse.

Yes, I do have an idea. Do you have Joe’s email address? It’s idahofallz@yahoo.com. I’ve told him before that he can give you my email address. That way you can send me a sample. What chapter are you on now? BTW, what do you think of the latest KM developments? (The not guilty plea, that is)

Inside Observer,

I’m no lawyer, but I think it may be wise to review your work on the book with one before you post anything anywhere. As strange as KM’s case has been, and others who may go done with him, someone might want to use that information to benefit their own defense. Of course, I haven’t seen what you’ve written, but I’m just wondering if this is the time and place.

Also, I do think there will be several books written about all of this down the road, as you know from our chat. Get your copyright so no one (including local media who might want to write their own book about KM, or use your material for their media installment). Just protect your work.

Also, I’ll e-mail Joe again to give him permission to forward my e-mail address to you. If you are still willing, I’d like to read what you have written.

Thanks for the information you and FeelinLucky have exchanged. It clarifies many aspects of the layers of problems, which unfortunately allowed all the wrong elements to come together, at the same time and KM to benefit.

Where I am still confused and perhaps either you, FeelinLucky or others could clarify, is how can the people in the positions you’ve named, such as the City Council, Prosecutors Office etc. feel like they won’t be investigated as well? I do understand the concept that the Bonneville County Prosecuting Attorney’s Office must invite the AG to investigate. However, I’m not sure if that is simply for lawyers holding public office, or City Council Members as well as others. Could someone help me understand how the next step of the non-attorneys, office holders (and I do realize that one City Council member is an attorney as well, but in his City Council role doesn’t practice law as far as I know) would be investigated about their knowledge of Mason?

Thanks for the info. Interesting discussion.

I also can’t help but wonder if there isn’t a point where the AG’s office simply cries “uncle.” Go back to the original post and take into consideration just how complicated investigating and prosecuting EVERY individual would be. Because as I stated, it is a web of deceipt, criminal acts, complacency, and apathy that has interwoven itself into literally everything. Once you’re done prosecuting all the individuals who watched and did nothing or actively participated, then what about the criminal cases KM handled? There are literally thousands! Does the AG intend to open each case and review it for appropriate disposition? Commitment orders were improperly stamped. Does that mean that the disposition of that case is wrong or does that mean KM just didn’t want to waste time going thru the courts? What about all those guns? Has anyone considered that our property room having more than the generally approved level could mean either we weren’t properly disposing of properly forfeited guns or we were improperly forfeiting guns? There are 500+ guns down there! Is the AG going to open each file? There may need to be a point where we simply have to “write off” the less critical issues and move on. But then who gets to decide which issues those are since we have learned thru this discussion that we really can’t trust anyone’s judgment down there right now. That was the point of this article. Do we keep at this until every last issue has been resolved, every wrong has been righted, etc. or do we move on? And if we move on, will that mean a gradual return to apathy, complacency and status quo or will it be a new day with new procedures, honest people in charge, etc?
The bottom line is this. We deserve the government we have because we have earned it. Vote, for heaven’s sake. Write and call and yell and picket. Speak up!!!! Participate. Don’t just sit home and assume because it hasn’t touched you personally (yet - your day will come) that all is right in city hall.

(cont) - sorry about that. Getting use to the new format here. Is Dale Storer, the City Attorney, elected or do various legal firms bid for the contract and his firm has been the winner?

Recently, I was researching a particular attorney’s background, given the named specialty areas he says he has. While in the database, I looked up Dale Storer. I was quite surprised to learn that another attorney in his firm has the title of “Assistant City Attorney, City of Idaho Falls.” Consequently, I decided I am not sure how the City Attorney and Assistant City Attorney receive their titles. It almost appears like a bidding contest between firms.

Could someone give me more information about this? Thanks.

Regarding Post #20, one down, who’s next?

I think someone should start reviewing all of the courtroom cases. The “good ol boy” system is alive and well in Idaho Falls courts. Judges are “untouchable” unless you can “prove” that they have done something illegal. What about the injustices handed down by judges in the form of aid to friends at the expense of some poor unsuspecting soul. Who governs a judge? The Judicial Council will not look into a case unless you have proof of illegal action. I will have more details on this matter in the very near future.