K2 Radio News: Flash Briefing For November 12th, 2018 – Morning

THE 11-WOMAN, THREE-MAN JURY FOR THE THIRD-DEGREE SEXUAL ASSAULT TRIAL OF CASPER BUSINESSMAN TONY CERCY WAS EMPANELED FRIDAY AFTERNOON, AND WAS DISMISSED FOR THE WEEKEND.
THE TRIAL AT THE HOT SPRINGS COUNTY COURTHOUSE RESUMES AT 8:30 A.M. TUESDAY WHEN THE PROSECUTION AND DEFENSE WILL PRESENT THEIR OPENING STATEMENTS.

IN JUNE, NATRONA COUNTY DISTRICT COURT JUDGE DANIEL FORGEY GRANTED THE DEFENSE MOTION TO MOVE THE TRIAL TO THERMOPOLIS BECAUSE OF THE INTENSE PUBLICITY BEFORE, DURING AND AFTER THE TRIAL IN FEBRUARY.

IN THAT TRIAL, THE JURY ACQUITTED CERCY OF FIRST- AND SECOND-DEGREE SEXUAL ASSAULT, BUT DEADLOCKED ON THE COUNT OF THIRD-DEGREE SEXUAL ASSAULT OF A 20-YEAR-OLD WOMAN AT HIS HOUSE AT ALCOVA LAKE ON JUNE 25, 2017.

THE WOMAN ASKED, AND NATRONA COUNTY DISTRICT ATTORNEY MIKE BLONIGEN AGREED, TO FILE THAT CHARGE AGAIN.

FRIDAY AFTERNOON, DEFENSE ATTORNEY JEFFREY PAGLIUCA AGAIN RAISED THE LONG-RUNNING DISPUTE ABOUT THE CHARGE OF THIRD-DEGREE SEXUAL ASSAULT THAT INCLUDED ORAL SEX, SAYING THE JURY ACQUITTED CERCY OF THAT IN THE FIRST TRIAL.

OTHERWISE, PAGLIUCA SAID THE TRIAL WILL VIOLATE NUMEROUS RIGHTS OF CERCY'S INCLUDING THE RIGHT TO NOT BE TRIED TWICE FOR THE SAME CRIME.

BLONIGEN RESPONDED THAT THERE IS NO LEGAL AUTHORITY TO LIMIT ONLY PART OF THE EVIDENCE IN A TRIAL, THAT THE THIRD-DEGREE SEXUAL ASSAULT COUNT STANDS ALONE AND IS NOT RELATED TO FIRST- OR SECOND-DEGREE SEXUAL ASSAULT CHARGES, AND THE DEFENSE IS IGNORING OTHER DEFINITIONS OF ORAL SEX.

FORGEY STEERED A MIDDLE COURSE AND WILL ALLOW THE DEFENSE TO ENTER WHAT IS CALLED A "CONTINUING OBJECTION" DURING THE TRIAL.
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NATRONA COUNTY SCHOOL DISTRICT OFFICIALS RECEIVED A THREAT ON SUNDAY.

A NEWS RELEASE FROM THE DISTRICT SUNDAY EVENING SAID IT REPORTED THE INCIDENT TO LOCAL LAW ENFORCEMENT AND THEY ARE CURRENTLY INVESTIGATING.
THE THREAT WAS SPECIFICALLY DIRECTED TO SCHOOL DISTRICT OFFICIALS, AND NOT TO SCHOOLS OR STUDENTS.

SCHOOLS WILL OPERATE AS NORMAL.

DISTRICT OFFICIALS ADDED THEY APPRECIATE THE THE COMMUNITY'S COMMITMENT TO ADDRESS THE CONCERNS OF BULLYING, HARASSMENT, AND INTIMIDATION IN THE SCHOOLS.
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A FORMER SUPERVISOR AT THE REGIONAL JUVENILE DETENTION CENTER IN CASPER WILL SERVE SIX MONTHS IN JAIL FOLLOWED FIVE YEARS OF PROBATION AFTER ADMITTING THAT HE GROPED A FEMALE INMATE WHILE HE WAS WORKING.

DISTRICT JUDGE THOMAS SULLINS SENTENCED JOHN R. GALLAGHER FRIDAY MORNING IN NATRONA COUNTY DISTRICT COURT. GALLAGHER PLEADED GUILTY IN AUGUST TO A SINGLE COUNT OF THIRD-DEGREE SEXUAL ASSAULT.

ACCORDING TO COURT DOCUMENTS, THE INMATE WAS INSIDE HER CELL AT THE JUVENILE DETENTION CENTER IN NOVEMBER 2017 WHEN GALLAGHER APPROACHED AND GRABBED HER BREAST.

ASSISTANT DISTRICT ATTORNEY DAN ITZEN RECOMMENDED FRIDAY THAT GALLAGHER SERVE A PRISON SENTENCE OF THREE TO FIVE YEARS FOR THE CRIME, SAYING THAT THE CRIMINAL JUSTICE SYSTEM OWES A DUTY OF CARE TO PEOPLE WHO HAVE BEEN INCARCERATED.

IN SENTENCING GALLAGHER, SULLINS ORDERED THAT HE COMPLETE A SEX OFFENDER EVALUATION AND COMPLY WITH ANY RECOMMENDATIONS THAT MAY STEM FROM THAT EVALUATION. UNDERLYING THE FIVE-YEAR PROBATIONARY TERM IS A SUSPENDED PRISON SENTENCE OF EIGHT TO 12 YEARS.

SULLINS ORDERED GALLAGHER REMANDED TO THE CUSTODY OF THE NATRONA COUNTY SHERIFF IN ORDER TO BEGIN SERVING HIS JAIL SENTENCE AT THE CONCLUSION OF FRIDAY'S HEARING.
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STATE TRANSPORTATION OFFICIALS ARE CONSIDERING CLOSING U.S. HIGHWAY 14A OVER NORTHERN WYOMING'S BIG HORN MOUNTAINS EARLIER THAN USUAL THIS WINTER, AS SNOW DRIFTS HAMPER EFFORTS TO KEEP THE ROADWAY CLEAR.

A 22-MILE STRETCH OF THE SCENIC ROAD IS CLOSED ANNUALLY AROUND NOVEMBER 30TH AND OPENS MEMORIAL DAY WEEKEND.

THE WYOMING DEPARTMENT OF TRANSPORTATION SAYS A PLOW TRUCK GOT STUCK EARLIER THIS MONTH, ATTEMPTING TO CLEAR DRIFTS OFF THE HIGHWAY.

A SECOND TRUCK HAD TO BE BROUGHT IN TO HELP REMOVE THE PLOW.

A WYDOT SPOKES-PERSON SAYS THE ROAD COULD BE CLOSED EARLY, IF IT BECOMES UNSAFE FOR THE PUBLIC OR FOR STATE WORKERS RESPONSIBLE FOR PLOWING THE ROUTE.
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CHEYENNE, Wyo. (AP) — Online hospitality company Airbnb says its hosts generated about $1.1 million in tax revenue during the first year of its agreement with the state of Wyoming.

The Wyoming Tribune Eagle reports that Airbnb started collecting and remitting taxes on behalf of hosts Aug. 1, 2017.

Guests are charged the tax on their bill, and the company sends all eligible state sales tax, municipal sales tax and local lodging taxes to the state. Wyoming is one of more than 400 jurisdictions in the world to share tax agreements with the company.

Airbnb's 1,600 Wyoming hosts welcomed 56,000 guests to the state in 2017-18. That is a 132 percent increase over the previous year. The hosts earned nearly $8.9 million, or an average of $5,500 each, during that time.