Ex-judge’s late-night call gets son out of jail

COEUR d’ALENE – A North Idaho magistrate ordered a retired judge’s son, accused of domestic battery, released from jail in the middle of the night after receiving a phone call from the judge, an old friend.

Magistrate Eugene Marano said he received the call from retired 1st District Judge Gary Haman at 2:45 a.m. Tuesday after Michael Haman, 40, was arrested late Monday night at a downtown Coeur d’Alene motel.

“It is a very unusual situation,” Marano said. “It’s my only time in 23 years as judge where I released someone on a domestic violence charge. It’s all because of my respect for Gary Haman. Gary Haman and I go back 32 years. He hired me for my first job as a prosecutor here. He also was the deciding vote in my election as an administrative judge.”

After their brief conversation, Marano said he called the Kootenai County Jail and ordered Michael Haman, an attorney who works on civil cases for the city of Coeur d’Alene on a contract basis, released on his own recognizance and to have no contact with the alleged victim.

Marano said Gary Haman promised to pick his son up from the jail and have a “come-to-Jesus meeting about the no-contact order. I ordered Michael to be released to his father.”

Wes Somerton, Coeur d’Alene chief criminal deputy prosecutor, called the situation highly unusual.

“There are a number of crimes with no bond, and domestic battery is one of them,” Somerton said. “They can’t get out of jail until they see a judge the next day at 2 p.m. Is it unusual for someone to make a call to a judge in the middle of the night? I can’t say it doesn’t happen, but it doesn’t happen often. I can count the number of times I’ve heard about something like this on one hand.”

Police said they went to the motel at 11:20 p.m. Monday to investigate a report of a domestic dispute. Through a window, officers said they saw a man “tussling” on the bed with a woman who was screaming, according to the police report. Officers kicked the door in and entered the room.

The woman, who said she was Haman’s girlfriend, told police Haman was jealous about other men in her life and grabbed her by the arms during an argument, the report said. It said the woman was upset, crying and had red marks on both of her arms.

Officers said Haman appeared intoxicated and repeatedly said he was an attorney who represents the city and that his father was a district court judge. Police quote him in the report as saying, “In fact, I’m your attorney. You’ll find out who I am.”

Michael Haman released a brief statement Wednesday but declined to elaborate. “An incident occurred for which I apologize. Following that there was a misunderstanding, and it is now in the hands of the attorneys and the court.”

Gary Haman and Michael Haman did not immediately return phone messages left by the Associated Press on Thursday.

Somerton said the case would be referred to another prosecutor’s office because of conflict of interest concerns. It was not immediately clear late Thursday whether Michael Haman had been formally charged. A voice mail message left at Somerton’s office was not immediately returned.

Coeur d’Alene resident Susan Welch, a former police officer in Illinois who now trains law enforcement nationally on how to handle domestic violence cases, said she’s concerned by the whole situation.

“The victim probably would have been told by law enforcement on the scene that the perpetrator would be in jail until the next day,” Welch said Thursday.

“The purpose is to provide an opportunity for the victim to ensure that they get to a safe place and to allow an opportunity for the alleged perpetrator to be served with a no contact order,” she said.

Idaho’s law regarding bail and releasing defendants on their own recognizance gives judges a great deal of discretion. They can consider a number of factors, including the defendant’s employment status, prior criminal history, character and the nature and extent of family relationships.