K2 Radio News: Flash Briefing For January 26th, 2018 – Morning

THE FATE OF FORMER CASPER DOCTOR PAUL HARNETTY SOON WILL BE IN THE HANDS OF JURORS WHO WILL DECIDE WHETHER HE IS GUILTY OF SEXUALLY ASSAULTING SIX WOMEN.

THE STATE RESTED ITS CASE AGAINST OBSTETRICIAN/GYNECOLOGIST HARNETTY ON THURSDAY MORNING, AND THE DEFENSE RESTED THURSDAY AFTERNOON.

HARNETTY DECLINED TO TESTIFY ON HIS OWN BEHALF.

THE TRIAL RESUMES AT 9:30 A.M. TODAY WHEN NATRONA COUNTY DISTRICT COURT JUDGE THOMAS SULLINS WILL READ THE JURY INSTRUCTIONS, ATTORNEYS WILL GIVE THEIR CLOSING ARGUMENTS AND THE CASE GOES TO THE JURY.

HARNETTY WAS CHARGED ORIGINALLY WITH EIGHT COUNTS OF SECOND-DEGREE SEXUAL ASSAULT AND TWO COUNTS OF THIRD-DEGREE SEXUAL ASSAULT, BUT SULLINS AGREED THURSDAY TO DISMISS THE TWO THIRD-DEGREE COUNTS.

THE JUDGE ALSO REJECTED DEFENSE ATTORNEY JOHN MINOR'S MOTION TO ACQUIT HARNETTY BECAUSE THE CHARGES AGAINST HIM DO NOT FIT STATE LAW ABOUT PEOPLE WHO USE THEIR AUTHORITY TO COMMIT SEXUAL ASSAULT.

UNLIKE THE RELATIONSHIP BETWEEN A GUARD AND A PRISONER, MINOR SAID DOCTOR-PATIENT RELATIONSHIPS ARE VOLUNTARY BECAUSE PATIENTS VOLUNTARILY AGREE TO MAKE APPOINTMENTS AND UNDERGO EXAMS.

ASSISTANT DISTRICT ATTORNEY KEVIN TAHERI RESPONDED, SAYING A DOCTOR IS AT TOP OF A HIERARCHY IN AN EXAM ROOM AND HAS INFLUENCE OVER A PATIENT WHO EXPECTS REASONABLE MEDICAL CARE.

TAHERI ADDED THE ALLEGED VICTIMS IN THIS CASE CLAIMED THEY DID NOT RECEIVE RESONABLE MEDICAL CARE BECAUSE HARNETTY SOMETIMES TOUCHED THEM FOR HIS OWN GRATIFICATION.

SULLINS DENIED THE MOTION, SAYING THE PROSECUTION HAS SUBMITTED SUFFICIENT EVIDENCE FOR THE JURY TO DECIDE.
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A CASPER DEFENDANT CONVICTED OF SEXUALLY ASSAULTING A CHILD WAS SENTENCED TO A LENGTHY TERM OF IMPRISONMENT THURSDAY IN NATRONA COUNTY DISTRICT COURT.

DISTRICT JUDGE CATHERINE WILKING SENTENCED MIGUEL ALBERTO MARTINEZ TO 30-45 YEARS IN PRISON FOR FIRST-DEGREE SEXUAL ABUSE OF A CHILD. WILKING ALSO ORDERED MARTINEZ TO SERVE A CONCURRENT 15- TO 20-YEAR SENTENCE ON ONE COUNT OF SECOND-DEGREE SEXUAL ABUSE OF A CHILD.

MARTINEZ WILL ALSO HAVE TO PAY OVER $3,000 TO REIMBURSE WYOMING MEDICAID FOR THE VICTIM'S MEDICAL EXPENSES. WILKING INCLUDED A RECOMMENDATION FOR MARTINEZ TO RECEIVE INTENSIVE SUBSTANCE ABUSE TREATMENT WHILE IN PRISON.

A JURY DELIBERATED FOR ABOUT TWO HOURS BEFORE CONVICTING MARTINEZ IN OCTOBER. THE JURY FOUND THAT MARTINEZ RAPED A 10-YEAR-OLD GIRL IN A BATHROOM INSIDE THE VICTIM'S HOME IN MARCH 2017.

IN CRAFTING THE SENTENCING OPTIONS FOR SUCH CRIMES, WILKING SAID THURSDAY, THE WYOMING LEGISLATURE "HAS CLEARLY INDICATED THAT THESE ARE SOME OF THE MOST SERIOUS OFFENSES THAT CAN BE COMMITTED IN THE STATE OF WYOMING."
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A WYOMING MAN CHARGED WITH SECOND-DEGREE MURDER SAYS THE VICTIM PUT A GUN TO HIS HEAD FIRST.

33-YEAR-OLD CHRISTOPHER LABUY WAIVED HIS PRELIMINARY HEARING WEDNESDAY IN THE JAN. 10 SHOOTING DEATH OF 47-YEAR-OLD ERIC KAYLOR. HIS ARRAIGNMENT HAS NOT BEEN SCHEDULED AND HE HAS NOT ENTERED A PLEA. LABUY REMAINS JAILED ON $250,000 BAIL.

COURT RECORDS SAY LABUY TOLD OFFICERS THAT KAYLOR INSULTED HIM, THREATENED TO SHOOT HIM AND PUT A GUN TO HIS HEAD. LABUY SAID HE PULLED OUT HIS HANDGUN AND SHOT KAYLOR IN THE HEAD.

SHERIDAN COUNTY PROSECUTORS SAID LABUY HAS A CRIMINAL HISTORY IN FOUR STATES. LABUY PLEADED NOT GUILTY TO UNLAWFUL CONTACT AND CRIMINAL TRESPASS AFTER AN ALTERCATION WITH KAYLOR LAST APRIL. COURT RECORDS SAY KAYLOR TOLD OFFICERS LABUY PUT HIM IN A CHOKEHOLD DURING AN ARGUMENT.

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COMMUNITIES ACROSS WYOMING WILL BE COUNTING HOMELESS PEOPLE FRIDAY (TODAY) AS PART OF A STATEWIDE SURVEY. KARLA MCCLAREN IS HOMELESS PROGRAM MANAGER FOR THE WYOMING DEPARTMENT OF FAMILY SERVICES. SHE SAYS TEAMS OF VOLUNTEERS WILL BE OUT ON THE STREET COUNTING HOMELESS PEOPLE. MANY COMMUNITIES WILL ALSO HAVE EVENTS FOR THE HOMELESS..

SHE SAYS THE COUNTS ARE USED TO ASSESS THE EFFECTIVENESS OF PROGRAMS FOR THE HOMELESS, AND ARE ALSO USED IN DETERMINING FEDERAL GRANTS.