Motion to suppress evidence filed in Krone theft case – Cody Enterprise

Last month, attorneys for former Park County prosecutor Sam Krone filed a motion to suppress bank record evidence they say was obtained on flimsy grounds, violating Krones Fourth Amendment rights.

If the suppression motion succeeds, the States most damaging evidence against Krone may never see the inside of a courtroom. Pinedale District Judge Marvin Tyler, overseeing the case due to Krones previous relationships with much of Park Countys legal community, will rule on the filing at a July 11 hearing.

Since last July, Krone has been fighting three felony and four misdemeanor counts of theft from the Park County Bar Association. The charges stem from 2010 to 2013, when Krone was treasurer of the organization and prosecutors say over $9,600 went missing from the groups bank accounts.

It was another incident in a trying period for Krone. In March 2016, he was fired from his job as Park County deputy prosecutor. In August of that same year, the incumbent lost, by a more than 2-to-1 margin, his primary bid to represent Wyoming House District 24.

In a May 18 filing on the theft case, Krones attorneys argue that Lander District Court Judge Norman Young did not have sufficient evidence to issue the search warrant that revealed many of the Bar Associations financial irregularities.

Young issued the warrant after Park County Bar Association President Andrea Earhart voiced suspicions about Krones management of Bar Association funds. She eventually got a bank ledger showing less than $100 in one of the groups accounts, and she passed that information along to Wyomings Division of Criminal Investigation.

Earhart said Krone had told her the account had $2,000 to $3,000 in it, and that Krone didnt respond to her request for a treasurers report from him.

At the end of April 2016, Judge Young used that information as the basis for a warrant allowing agents for DCI to search multiple accounts managed by the Bar Association. Those records revealed a number of questionable transactions, which Krone has described as reimbursements for Bar Association expenses.

Krones suppression filing argues that Young didnt have enough evidence to justify searching three of the Bar Associations accounts and that evidence should therefore be excluded. The filing also contends Young couldnt prove that Krone held a position of authority with those accounts, and without proving that authority existed, the rationale for searching them couldnt stand up.

The Wyoming Attorney Generals Office, prosecuting the case in place of Park County prosecutors because of Krones previous job, argue otherwise.

Phillip Donoho of the Attorney Generals office contends bank records do not enjoy Fourth Amendment protections. Furthermore, since the accounts belonged to the Bar Association instead of Krone personally, Krone lacks standing to object to their being searched.

Filings also indicate Donoho and his team are seeking to introduce evidence that Krone borrowed money from a number of friends during the period in question. And Krones campaign finance records may also be introduced.

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Motion to suppress evidence filed in Krone theft case - Cody Enterprise