WorldNet Daily Wednesday June 13, 2001
Idaho prosecutor
under investigation
Same official who has power to charge Ruby Ridge sharpshooter
By Jon Dougherty
© 2001 WorldNetDaily.com
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Brett Benton, prosecutor for Boundary County, Idaho, is under investigation by county commissioners for allegedly committing two counts of felony activity, including forgery and falsifying documents, according to a report in a local newspaper.
The charges were confirmed to WorldNetDaily by Mike Weland, the county's resource planner and public relations director.
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Denise Woodbury, former prosecutor for Boundary County who was ousted from office by Benton, had tried unsuccessfully a number of times to bring state charges against Horiuchi for manslaughter. However, federal courts have routinely backed Horiuchi's actions, even though he was operating under admittedly dubious federal rules of engagement, which said FBI agents could fire at any armed adult during the standoff.
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But because of Benton's alleged criminal behavior, some analysts have wondered if he is fit to try the case or if he may be open to threats of intimidation to drop the case.
Benton is "definitely vulnerable to being compromised," said David Codrea, a gun-rights legal analyst. "The people from the beltway have the resources, the know-how and the historical predisposition to do just that."
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Writing for the court's majority, Judge Alex Kozinski said: "When federal officers violate the Constitution, either through malice or excessive zeal, they can be held accountable for violating the state's criminal laws."
The court agreed with Idaho's contention that immunity cannot be granted until there is a hearing to determine whether Horiuchi acted unlawfully. If a judge rules that the FBI sniper broke state law, he could be hauled before a jury.
Ramsey Clark, a former U.S. attorney general under President Johnson who argued the case for Boundary County, Idaho, called the ruling "courageous" and said it showed that law enforcement would be held accountable for violence.