A reality based independent journal of observation & analysis, serving the Flathead Valley & Montana since 2006. © James Conner.

17 September 2015

Judge Ulbricht dismisses criminal defamation charge against Lenio

On Tuesday, 15 September, district judge Heidi Ulbricht threw out the criminal defamation charge against David Lenio, ruling that Montana’s criminal defamation statute is too broad and that Lenio’s disturbing Tweets were speech protected by the Constitution. That won’t make certain people happy, but it was the right call. Lenio never should have been charged with criminal defamation, and his plight attracted unfavorable national attention.

Ulbricht let stand the charge of malicious intimidation, leaving Lenio the choice of going to trial or agreeing to a plea bargain. I don’t think there’s a strong case against him on this charge, but the county attorney’s office may pursue it just to save face. If it does go to trial and Lenio is convicted, I think there’s more than a slim possibility the conviction would be overturned on appeal.

Lenio’s rants disturbed people. I interpreted them not as threats but as awkward and unsettling pleas for help. If someone said he would benefit from some counseling, I would not argue to the contrary.