Here is another example of the fact that even after a person pleads guilty the case may not be over. Rocky Rhodes Kimble pleaded guilty in March of 2000 to crimes of First Degree Rape and Residential Burglary which occurred in 1999. He has filed a motion to withdraw his guilty plea. He now claims that he was not properly represented by his court appointed lawyer, Mr. John Troberg and that Judge Baker improperly sentenced him when she gave him a sentence of 360 months. To file such a motion 12 years after the entry of a plea is unusual. Mr. Kimble listed every conceivable form of error in his case and although my predecessor, Mr. Wetle was very careful in these matters, the office will research the law and the record of the proceedings and file a response. Part of our response will be to ask that the motion be transferred to the Court of Appeals for a decision. This process will take about one year, during which Mr. Kimble will stay in prison.

James Ernest Guinn Jr. formerly of the Marcus/Evans area of Stevens County has pleaded guilty to a federal charge of Manufacturing of Child Pornography in United States District Court in Spokane. He will receive a recommendation of 20 years in federal prison. Previously he pleaded guilty in Stevens County Superior Court to a charge of Rape of a Child. The federal sentencing will occur in September and then he will be sentenced in State Court. He remains in federal custody pending sentencing hearings.

In the past few weeks, I have made some appearances in Spokane Superior Court on a Vehicular Homicide and Vehicular Assault case I am prosecuting for Spokane County. The case would ordinarily be handled by the Spokane County Prosecutor’s office, but because of a family relationship the case is a conflict for that office and I am prosecuting the case. The case involves a wrong-way driver on Interstate 90 that caused a crash in which another driver was killed and a third seriously injured. The allegation is that the wrong-way driver was under the influence of drugs at the time of the crash.

The handling of a case by another Prosecuting Attorney’s office is not uncommon and occurs when there may be a conflict with one office prosecuting the case. I have sent cases to other county prosecutors in some situations and other counties have sent them to me. The case does not move, only the responsibility for the prosecution of the case.