Judge race enters courtroom

Kootenai County Prosecutor Bill Douglas is asking Judge John Mitchell to disqualify himself from a case because the victim’s family has donated money to Mitchell’s challenger in the district judge’s race.

Molly and Stewart Butler, parents of murder victim Brendan Butler, have donated $1,000 to Rami Amaro’s campaign and say they will continue to support Amaro’s efforts to unseat Mitchell.

The Butlers are angry Mitchell gave their son’s murderer, Giovanni Mendiola, a sentence less than what the state had recommended.

The plea agreement for Mendiola suggested life in prison with a 12-year fixed sentence. Mitchell in 2003 sentenced him to life with a chance for parole after eight years.

Stewart Butler said Thursday he was also upset with Mitchell for “the rather extensive comments he made about (Mendiola) and what a wonderful person he was” during sentencing.

“It was a little strange to hear that about a man who had brutally murdered our son,” Butler said.

Butler said Douglas’ office made the decision on its own to request Mitchell disqualify himself from hearing Mendiola’s case for post-conviction relief, in which he’s asking that his sentence be reconsidered.

Douglas said in court papers Thursday that the state is concerned the Butlers’ financial and vocal support of Amaro could “give the appearance of bias or prejudice” against the prosecution.

“It isn’t that we do not like John Mitchell personally,” Stewart Butler said. “We think he’s lacking in judicial competence in his understanding of the law and the way he metes it out.”

Mitchell could not immediately be reached for comment Thursday evening.

Already a contentious matchup, the race for judge drew more heat this week.

Amaro said she has been the subject of threats and personal attacks that she describes as “atrocious, underhanded and juvenile.”

She said she contacted the prosecutor’s office out of concern for her children after reading a comment a reader posted on a Spokesman-Review blog, Huckleberries Online, that asked, “Would Rami know if her kids were kidnapped?”

On that same blog, one commentator posted Amaro’s picture next to a photo of a bank robber. She said that there have been numerous personal attacks and that she’s even been accused of being a bad mother.

She said she wants Mitchell to rein in his supporters.

“Mitchell, put your foot down, be an ethical, moral citizen and tell your supporters to stop,” Amaro said.

In an interview Wednesday, Mitchell told The Spokesman-Review there’s no telling whether comments about Amaro come from his supporters or people who just don’t support her – especially because contributors to the blog aren’t required to post their names.

“You could look at it that anything that goes against you as a candidate must come from the opposition’s supporters, but maybe it’s people that are criticizing something you did,” Mitchell said. “They may be criticizing my opponent when they don’t even know me.”

He said he doesn’t read the blog because of its anonymous nature.

“If someone isn’t willing to attach their name to a hateful, or even helpful, statement, I’m not going to put much credence in it,” he said.

Likewise, Amaro said she’s upset about anonymous fliers she said were stuffed in mailboxes and distributed outside a Coeur d’Alene Safeway store. The fliers declare “Danger” next to a picture of Amaro.

She also said one of Mitchell’s strongest supporters in the nonpartisan race, Spokane attorney Duane Rasmussen, threatened her last month at a Republican Party fundraiser in Bonners Ferry.

Amaro said she went up to Rasmussen, who was wearing a Mitchell pin, and said, “I always suspected you were on the other side.” She said Rasmussen became so angry he was shaking and advised her to withdraw from the race or she would be the subject, effectively, “of the most negative campaign they could put on.”

Rasmussen tells a different story. He said Amaro came up to him that night at the Lincoln Day dinner, used her fingers to repeatedly flick his Mitchell button and said, “I knew it, I knew it.”

“It kind of invaded my space and was kind of irritating,” Rasmussen said. “I don’t normally have people coming up to me and flicking my lapel button.”

He said Amaro asked why he supported Mitchell.

“I said, ‘Well, Rami, you just don’t have enough experience,’ ” Rasmussen said. “I said, ‘You need to come back when you have more experience.’ “