Ruling Put Off On Testimony In Parade Case

A judge delayed deciding whether to make top cops and city officials testify in the trial of an Aryan Nations parade protester.

In a hearing in First District Court Thursday, Magistrate Paul McCabe said he will rule at Jonathan Crowell’s April 14 trial on whether Police Chief David Scates, City Attorney Jeff Jones and several police officers will be compelled to testify. Attorney Larry Hildes subpoenaed the officials as part of his defense of Crowell, 23, of Moscow, on charges of obstructing an officer.

McCabe also will rule next week on the city’s motion to prohibit testimony of its law enforcement operations plan. Hildes argues that plan included directions to police officers to arrest any bystander who refused to submit to a search.

City Attorney Jeff Jones said he had no comment on Thursday’s ruling.

Crowell was walking along Sherman Avenue shortly before the parade started last July when police asked to search his backpack. He refused, was arrested and taken to jail.

The backpack later yielded a jar of peanut butter, a jar of jelly and a jar of apple sauce.

Hildes also filed a $13.3 million suit in U.S. District Court in Pocatello Wednesday alleging the wrongful arrest of Crowell and four other defendants and physical abuse of three defendants.

He chose Pocatello, he said, because he thought his clients would receive a fair trial there. The U.S. District Court clerk promptly transferred the case to the court in Coeur d’Alene.

Hildes said he will argue for a change of venue.