K2 Radio News: Flash Briefing For February 22nd, 2018 – Morning

THE JURY DELIBERATING THE SEXUAL ASSAULT CASE OF CASPER BUSINESSMAN TONY CERCY WENT HOME WEDNESDAY EVENING WITHOUT REACHING A VERDICT, AND WILL RESUME DELIBERATIONS TODAY.
CERCY IS CHARGED WITH ONE COUNT OF FIRST-DEGREE SEXUAL ASSAULT OR RAPE, ONE COUNT OF SECOND-DEGREE AND ONE COUNT OF THIRD DEGREE SEXUAL ASSAULT.

IF CONVICTED ON ALL COUNTS, HE FACES BETWEEN SEVEN AND 85 YEARS OF IMPRISONMENT.

AFTER NATRONA COUNTY DISTRICT COURT JUDGE DANIEL FORGEY READ THE JURY INSTRUCTIONS WEDNESDAY MORNING, THE PROSECUTION AND DEFENSE GAVE THEIR CLOSING ARGUMENTS.

DISTRICT ATTORNEY MIKE BLONIGEN SAID THE CASE HAS BEEN ABOUT ONE THING -- THE ALLEGED VICTIM WHO SURVIVED, REPORTED AND TESTIFIED ABOUT WHAT HAPPENED WHEN SHE AWOKE ABOUT 3:15 A.M. SUNDAY, JUNE 25, AND SAW CERCY SEXUALLY ASSAULTING HER AT HIS HOUSE AT ALCOVA LAKE.

BLONIGEN REVIEWED HER TESTIMONY LAST WEEK, HER CELL PHONE RECORDS, WHAT SHE TOLD OTHERS AND HOW SOME OF THEIR STORIES CHANGED, AND WHEN HER PARENTS FOUND OUT ON THE MORNING OF JUNE 28.

BLONIGEN SAID HER TESTIMONY ALONE IS ENOUGH TO CONVICT.

HE ADDED THE DEFENSE WANTS THE JURY TO BELIEVE THAT THE ALLEGED VICTIM MADE UP THE STORY.

BUT CERCY ATTORNEY JEFFREY PAGLIUCA SAID THE ALLEGED VICTIM DID JUST THAT.

PAGLIUCA SAID CERCY WENT TO BED ABOUT 2 A.M. SUNDAY, JUNE 25TH, WOKE UP SIX HOURS LATER, AND WENT ABOUT AN ORDINARY DAY AT THE LAKE INCLUDING A BOAT RIDE WHERE HE SAW THE ALLEGED VICTIM, WAVED AT HER AND SHE WAVED BACK

THE NEXT FEW DAYS WERE ORDINARY UNTIL CERCY HEARD THE STORIES ABOUT WHAT ALLEGEDLY HAPPENED, HE CALLED THE ALLEGED VICTIM ON JUNE 28, HER FATHER RESPONDED, AND THE FALSE ALLEGATIONS TURNED INTO A CRIMINAL CASE.

PAGLIUCA SAID THE ALLEGED VICTIM CONSTANTLY CHANGED HER STORY, NO PHYSICAL EVIDENCE SUCH AS DNA SUPPORTS THE ALLEGATIONS, AND HER STORY MAKES NO SENSE, LOGICALLY OR OTHERWISE.
=============================

OFFICIALS IN ADOPTED A RESOLUTION AFFIRMING THE RIGHT OF LGBT RESIDENTS TO LIVE FREE OF DISCRIMINATION.

THE CASPER CITY COUNCIL ON TUESDAY APPROVED AN ANTI-DISCRIMINATION RESOLUTION THAT WAS PROPOSED BY LGBT ADVOCACY GROUP.

THE GROUP PARENTS AND FRIENDS OF LESBIANS AND GAYS BACKED THE RESOLUTION, TELLING THE COUNCIL THAT IT WOULD DEMONSTRATE GOODWILL TOWARD THE LGBT COMMUNITY.

COUNCIL VICE PRESIDENT CHARLIE POWELL SUPPORTED THE RESOLUTION, SAYING SOCIAL NORMS CHANGE ONLY WHEN LEADERS TAKE A STAND.

COUNCILMEMBER SHAWN JOHNSON VOTED AGAINST THE RESOLUTION. HE TOLD THE COUNCIL THAT FEDERAL AND STATE LAWS ALREADY PROHIBIT DISCRIMINATION, AND HE DOES NOT BELIEVE IN SEPARATING PEOPLE INTO DIFFERENT CLASSES.

===============================

A PROPOSAL TO COLLECT A FEE AT YELLOWSTONE NATIONAL PARK TO FUND WILDLIFE CONSERVATION EFFORTS IN THE STATES SURROUNDING THE PARK IS ADVANCING THROUGH THE WYOMING LEGISLATURE.

THE MEASURE GOES TO THE FULL WYOMING HOUSE FOR DEBATE AFTER UNANIMOUSLY PASSING A LEGISLATIVE COMMITTEE WEDNESDAY.

BEFORE ADVANCING THE RESOLUTION, THE COMMITTEE APPROVED EXPANDING THE CONCEPT TO GRAND TETON NATIONAL PARK JUST SOUTH OF YELLOWSTONE.

PROPONENTS SAY THE IDEA IS TO GENERATE MONEY FOR WYOMING, MONTANA AND IDAHO TO DEAL WITH ISSUES LIKE WILDLIFE COLLISIONS, DISEASE AND MIGRATION ROUTES.

ONLY THE FEDERAL GOVERNMENT CAN IMPOSE FEES IN NATIONAL PARKS.

THE WYOMING RESOLUTION DOES NOT SPECIFY HOW THE FEE WOULD BE ASSESSED OR WHAT THE AMOUNT WOULD BE.

======================================
A FORMER REGISTERED NURSE AT THE MEMORIAL HOSPITAL OF CONVERSE COUNTY IN DOUGLAS WAS SENTENCED IN FEDERAL COURT ON WEDNESDAY TO EIGHT MONTHS OF IMPRISONMENT FOR STEALING NARCOTICS AND DILUTING PATIENTS' NARCOTICS.
COURT DOCUMENTS SAY U.S. DISTRICT COURT JUDGE ALAN JOHNSON HANDED DOWN THE SENTENCE TO RYAN HARRIS, WHO PLEADED GUILTY IN NOVEMBER TO ONE COUNT OF TAMPERING WITH A CONSUMER PRODUCT AND ONE COUNT OF ACQUIRING A CONTROLLED SUBSTANCE BY MISREPRESENTATION, DECEPTION OR SUBTERFUGE.

TWO IDENTICAL COUNTS WERE DISMISSED AT THE SENTENCING AS PART OF A PLEA DEAL.

JOHNSON SENTENCED HIM TO TWO CONCURRENT EIGHT-MONTH PRISON SENTENCES, AND TWO CONCURRENT THREE-YEAR TERMS OF SUPERVISED RELEASE DURING WHICH HE WILL BE PLACED ON HOME CONFINEMENT.

DESPITE A POTENTIAL PRISON SENTENCE OF UP TO 14 YEARS ON THE TWO COUNTS, HARRIS' PRESENTENCE INVESTIGATION REPORT RECOMMENDED ONLY PROBATION AND NO PRISON TIME.

AN ASSISTANT U.S. ATTORNEY FILED AN OBJECTION WITH THE COURT, WRITING DIVERTING AND DILUTING THE DRUGS COULD HAVE HARMED HUNDREDS OF PATIENTS.

COMPARABLE CASES NATIONWIDE HAVE RESULTED IN SENTENCES RANGING FROM ONE YEAR TO FOUR YEARS BECAUSE THE COURTS HAVE RECOGNIZED THE SERIOUSNESS OF THE OFFENSES.

THE CASE BEGAN IN JUNE WHEN THE MEMORIAL HOSPITAL'S PHARMACY STAFF FOUND IRREGULARITIES IN THE ACCESS OF DILAUDID, AND FOUND MORE THAN 400 PATIENTS WHO WERE GIVEN DILAUDID MAY NOT HAVE RECEIVED THE MEDICATION AS PRESCRIBED.

A HOSPITAL SPOKESMAN SAID HARRIS REPORTEDLY RECEIVED HYDROMORPHONE WHILE A PATIENT AT THE HOSPITAL AND THAT LED TO AN ADDICTION.