Thursday, December 27, 2018

Back in action: On-Going: Todd Carlisle Fisher: Montana: Evidence tampering? Crime scene clean-up defence has failed in case where the defendent claimed there had been a burglary in the family home where his elderly father was killed. (Police found no signs of break-in.)..."In August, Todd Fisher's defense attorneys sought to have the case dismissed after learning that Brett Hoagland, a Dawson County Sheriff's deputy and a friend and neighbor of the Fishers, had hired a cleaning service for the home after the killing. The defense argued the actions of Hoagland, who was also named as a beneficiary in Wilbur Fisher's will, potentially destroyed evidence that could have been used to prove Wilbur's death could have been a suicide, or that some other suspect was responsible. Investigators acknowledged poor judgment on Hoagland's part, but countered that after two days of gathering evidence at the home, they had cleared the crime scene and allowed Todd Fisher to return to the property for a few days before he was arrested."


PASSAGE OF THE DAY: "Dawson County District Judge Michael Hayworth on Nov. 9 issued a summary order denying the motion to dismiss the case, without elaborating further on his reasoning. However, he left open the door for the defense to address "the circumstances surrounding the clean-up at trial." Defense attorneys did raise the issue at trial, Irigoin said. “They really tried to rehash it at trial and make it an issue, that it really wasn’t,” the county attorney said. “At the very least, I think that the jurors’ verdict in this case is a vindication to show that no wrongdoing took place whatsoever with regard to that deputy.”

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STORY: "Glendive man guilty of killing elderly father," published by The Billings Gazette on December 20, 2018.

GIST: A Dawson County jury on Wednesday found a Glendive man guilty of killing his elderly father in their home outside town in October 2017 and then tampering with the crime scene. Todd Carlisle Fisher was convicted Wednesday of deliberate homicide and tampering with physical evidence. The eight-day trial included more than 40 witnesses, and jury deliberations spanned two days.Fisher had reported his father Wilbur’s death to law enforcement, telling authorities he had been away from the house for several days and returned to find his 80-year-old father dead. He claimed there had been a burglary, though investigators didn’t see signs of a break-in. Todd and Wilbur Fisher had a rocky relationship, according to court documents. Todd Fisher was the beneficiary of a $60,000 life insurance policy and Wilbur Fisher’s will. Deputies arrested him four days after he reported his father’s death. Chief Medical Examiner for Montana Dr. Robert Kurtzman told jurors Wilbur Fisher died from a single gunshot wound to the face — near the bridge of his nose, according to Dawson County Attorney Brett Irigoin. Prosecutors also called witnesses from Stockman and Wells Fargo banks, who testified about the father and son’s finances, Irigoin said in a call after the verdict was returned. Fisher was “more or less broke” and his father supported him financially, Irigoin said. Fisher had “run up a lot of credit card debt on his dad’s card” and prosecutors believed it was a factor in the killing. In August, Todd Fisher's defense attorneys sought to have the case dismissed after learning that Brett Hoagland, a Dawson County Sheriff's deputy and a friend and neighbor of the Fishers, had hired a cleaning service for the home after the killing. The defense argued the actions of Hoagland, who was also named as a beneficiary in Wilbur Fisher's will, potentially destroyed evidence that could have been used to prove Wilbur's death could have been a suicide, or that some other suspect was responsible. Investigators acknowledged poor judgment on Hoagland's part, but countered that after two days of gathering evidence at the home, they had cleared the crime scene and allowed Todd Fisher to return to the property for a few days before he was arrested. Dawson County District Judge Michael Hayworth on Nov. 9 issued a summary order denying the motion to dismiss the case, without elaborating further on his reasoning. However, he left open the door for the defense to address "the circumstances surrounding the clean-up at trial." Defense attorneys did raise the issue at trial, Irigoin said. “They really tried to rehash it at trial and make it an issue, that it really wasn’t,” the county attorney said. “At the very least, I think that the jurors’ verdict in this case is a vindication to show that no wrongdoing took place whatsoever with regard to that deputy.” Fisher’s defense counsel did not return a request for comment left Wednesday afternoon. Fisher faces up to life in prison on the homicide charge, with a minimum of 12 years, according to Irigoin. On the tampering charge, he faces a maximum of 10 years in prison. Irigoin said he had not yet settled on a sentencing recommendation.. Sentencing is set for March 22."

 The entire story can be read at:
PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com.  Harold Levy: Publisher; The Charles Smith Blog;