It’s been a long time coming. But last Tuesday, April 8, two men were arraigned in federal court in Missoula before U.S. District Court Judge Jeremiah Lynch for the murder of three women at a Florence hair salon. The triple murder, which the indictment alleges was committed “in an especially heinous, cruel or depraved manner in that it involved torture or serious physical abuse,” sent shock waves through the Bitterroot Valley, creating an aura of fear and outrage that lingered for many years in the tiny community of Florence.

The murders were committed over six years ago on the morning of November 6, 2001, in the small hair salon called The Hair Gallery and All About Nails located right beside Highway 93 in Florence. Victims of the carnage were owner of the salon, 62-year-old Dorothy Harris, and manicurist, 44-year-old Brenda Patch, as well as a customer, 71-year-old Cynthia Paulus. The three were all killed with a sharp instrument.

Both men indicted in the murders, Lincoln Benavides and Brian Walter Weber, are already serving prison terms on drug related charges. Benavides has been in jail in Lake County since January 2005 for criminal sale of dangerous drugs. Weber has been in federal jail since July 2004 for distribution of dangerous drugs. The current indictments also include charges of conspiracy to distribute methamphetamine and distribution of the drug. Each of those counts carries a possible penalty of mandatory minimum of ten years to life imprisonment, a $4 million fine, five years of supervised relief, and loss of some federal benefits. The two are also charged with murder while engaged in drug trafficking and committing violent crimes in the aid of racketeering, both of which could lead to a death sentence, or life imprisonment. Both men entered pleas of not guilty to all counts in the 15-count indictment.

The men are accused of operating a drug ring over the course of several years, from 1999 through 2001, that stretched across Missoula, Lake, Flathead and Ravalli Counties. Benavides is alleged to have organized and run the drug distribution scheme, enlisting multiple surrogate dealers across the area. Weber is alleged to have been one of those surrogate dealers who also, along with Benavides, is accused of using violence or threat of violence, extortion and kidnapping to protect and expand the drug operation. Benavides is accused of counseling, commanding, inducing or procuring the murder of the women in Florence and Weber is accused of intentionally killing them.

No mention is made in the indictment as to why the women were murdered.

First Assistant U. S. Attorney Kurt Alme told the Bitterroot Star on Monday that no decision has yet been announced as to whether the death penalty would be sought in the case. A preliminary pre-trial conference has been scheduled for May 9, 2008 at 1:30 p.m. in the courtroom of U.S. District Judge Donald Molloy in Missoula. A trial schedule will be set at that time.

Corvallis students to present study on mountain goat DNA

By Greg Lemon

You wouldn’t expect high school students to be authoring a scientific paper on the genetic diversity of mountain goat populations in Montana, but Forrest Hoyt and Tabitha Hooten at Corvallis High School are doing just that.

Hoyt, 17, and Hooten, 16, will be submitting their paper later this month at the Northern Wild Sheep and Goat Council symposia at Heber Valley, Utah.

The two students are members of Classrooms Without Walls, a program started at Corvallis High School 15 years ago, said teacher Art Rzasa.

The goal behind the program is to show students how their education can be used outside the classroom, Rzasa said.

“The idea was to take what they were learning in the classrooms and give it a practical application,” he said.

Both Hoyt and Hooten took the course because of their interest in science and love of nature.

They applied for the course last spring and focused on an ongoing project analyzing mountain goat DNA from populations in the Bitterroots, Beartooths and Crazy Mountains.

Their mentor is Jim Striebel, a scientist at Rocky Mountain Labs and a former high school teacher at Corvallis. Striebel, along with Rzasa and Monica Grable, began the Classroom Without Walls program.

When Hooten and Hoyt started the work, they knew a little about DNA, but nothing about how to collect samples, isolate strands of DNA, or how to duplicate DNA for analyzing.

“(Striebel) started us out and told us how to do all the procedures and basically got us on our feet,” Hoyt said.

Last year, when Hoyt and Hooten started in Classrooms Without Walls, the program was an extracurricular activity. This year, the class has been inserted in the schedule, so students have classroom time to work on their project. But Hoyt and Hooten had to juggle all their other schoolwork, while working on the DNA project.

“There was a lot of work,” Hooten said. “We would meet at lunch or in the mornings.”

“It was a little hard to balance time,” Hoyt added.

The key event in the Classrooms Without Walls program is a summer trip into the backcountry. The program encourages students to develop projects that will be completed on the week-long field trip, Rzasa said.

Last, year Hooten and Hoyt and the rest of their class went into the Beartooth Mountains, in Southwest Montana, to do some of their research.

The DNA samples they collected came from mountain goat scat, which is the best and simplest way to get samples.

“It’s noninvasive,” Hoyt said. “You don’t have to steal fur or kill the goat.”

But the downfall is that it is hard to determine which goat you’re getting a sample from, Striebel said. If your goal is to look at genetic diversity between mountain goat populations, it’s important to test multiple goats in each population.

In the Beartooths, Hooten and Hoyt were able to follow three different goats around collecting scat. It wasn’t the most glamorous part of the job, Hooten said.

“It was nice and warm and I’m glad I didn’t have to put it in my pack,” she said.

The pair was able to collect samples in the Bitterroot Mountains and received donated samples from the Crazy Mountains, in central Montana.

Once the samples were collected, they had to isolate the DNA.

“When we isolate DNA from scat what we’re getting out of that is an extremely small DNA sample,” Hoyt said.

Striebel walked the students through the process of isolating and then comparing the different DNA samples. It is advanced science involving the building blocks of life and uses high-tech equipment and processes, Striebel said.

Once the DNA sample was isolated, then it had to be duplicated, Hooten said. Once duplicated, it could be analyzed.

The reason to research the genetic diversity of the mountain goat populations is to understand whether or not the population is healthy and secure, Hoyt said.

Both the Beartooth and Crazy Mountain populations were introduced from mountain goat herds in western Montana in the 1950s. The goats in the Bitterroot Mountains are a native herd that most likely interacts with other goat populations. But the concern with the Beartooth and Crazy Mountains goat herds is they are too isolated and haven’t had other goats move into the population to provide the genetic diversity, he said.

Without genetic diversity, the mountain goat populations could be susceptible to disease, Striebel said.

To simplify it, if all the goats are descendants from a few goats, interbreeding will give the population a similar genetic code.

In a healthy population, goats wouldn’t interbreed and the genetic diversity would be high, Striebel said. Then if a disease is introduced, some goats will die, but some will survive because they have the genetic ability to fight the disease. These goats will reproduce and pass on the superior genes. This is called a “genetic bottleneck,” Hoyt said.

Mountain goats are naturally isolated because of their unique habitat, but in some areas, they can travel between populations providing the needed diversity, Striebel said.

The populations in the Beartooth and Crazy Mountains are uniquely isolated. Without that diversity, it’s believed that they would be susceptible to disease, he said.

The students were able to collect seven DNA samples. Not a large base to analyze but a good start, Striebel said.

What they found was predictable: the goat populations in the Beartooth and Crazy Mountains have little genetic diversity.

The findings are preliminary, Hoyt said, since they’ve only tested three of the seven samples.

However, the research could give wildlife managers information on how better to manage mountain goat populations by letting them know whether or not it’s a good idea to isolate a population or should they periodically introduce more goats, Striebel said.

The research has gained the attention of the Northern Wild Goat and Sheep Council.

Hooten and Hoyt wrote an abstract of their research and submitted it to the council, which accepted it. Now Hoyt and Hooten will present their work to a panel of scientists.

“We’re having to write a scientific paper that’s acceptable to the science community,” Hoyt said.

The presentation at the symposia is a great opportunity for the two students.

“It’s a big deal,” Striebel said. “All the other presenters will be PhDs who have done lots and lots of research.”

It will also give Hoyt and Hooten and chance to have their work criticized and gain new ideas for future research, he said.

“There aren’t very many kids who are doing research like that in high school,” Striebel said. “I think it definitely gives them confidence. Just because it gives them experience other kids don’t have.”

Both Hoyt and Hooten value what they’ve learned and know it could give them some valuable experience for college.

“It can be something to be used later in life,” Hoyt said.

Florence coach fired, re-hired

School Board members apologize

By Michael Howell

A few members of the Florence-Carlton School District Board of Trustees got a lesson in democracy this past week. It began with a decision last Tuesday, April 8, not to renew the contract of head boys basketball coach Sam Baerlocher and table the hiring of assistant boys basketball and football coaches. It ended this Monday with approval of a motion to rescind Tuesday’s decision followed by a new decision to renew Baerlocher’s contract as head coach and his job as the school’s Activity Director.

The decision not to renew Baerlocher’s contract was passed on a 3 to 2 vote, with Trustees Kevin O’Brien, Rick Paris and Jim Shreve voting not to renew the contract and Trustees Vickie Cornish and Dorothy Rhodes voting against the motion. The vote went against Superintendent John McGee’s recommendation to renew the contract as well as public comment at the meeting.

Then the rest of the public weighed in. It included students, teachers, parents, coaches and athletic directors from around the state and even out of state. The response was so great that the Board decided to reconsider the matter and scheduled a meeting for Friday, April 11. Over 300 people showed up at that meeting. But after the crowd finally filled the gymnasium, Board chairperson Vickie Cornish announced that the meeting had been improperly noticed and was being rescheduled for Monday night. The Board members left immediately. But the public lingered and, using the school’s public address system, held their own meeting. They questioned the Board’s rationale and they heaped praise upon Coach Baerlocher.

On Monday morning students were demonstrating at the stoplight on the highway in Florence, flashing signs saying “We want Coach B” and other messages to that effect. That evening over 500 people showed up at the school. Every person who spoke expressed support for Coach Baerlocher. Expressions of support were made by students, parents, teachers, the Florence-Carlton Education Association and the Teacher’s Union. Several coaches expressed support for Baerlocher , including coaches from other high schools in the state. There were also letters of support from coaches at the University of Montana and even Utah State. Superintendent McGee once again expressed his support of Baerlocher.

Trustee Rick Paris commended the public for standing up, but said that they were not there last Tuesday. He said that it had been suggested that he had an agenda.

“I do have an agenda,” said Paris. “It is the kids, the staff and the community.”

He said that he had received 368 e-mails and phone calls and spoken to Superintendent McGee and to Baerlocher and that all of this could have been avoided if he had heard from them before the vote last Tuesday.

Chairperson Vickie Cornish said that she voted in support of Baerlocher the first time, “and now we need to go back to square one.”

Trustee Jim Shreve said, “We all make mistakes, what counts is how we deal with them. I hope we can take care of this one tonight.”

The vote to rescind the previous decision not to renew Baerlocher’s contract passed on a 4 to 1 vote with Trustee Kevin O’Brien casting the lone dissenting vote.

A motion was then made to renew Baerlocher’s contract. Superintendent McGee noted how much individual time Baerlocher donated to the basketball program over the summer and the effect it had on the kids.

“I was very proud of the boys’ basketball team,” said McGee. “There was pride and determination in the kids.” He recommended renewing Baerlocher’s contract as head boys’ basketball coach.

Trustee Jim Shreve said, “I have heard the public saying I made a mistake. I am asking your forgiveness for the Board.”

Trustee Rick Paris said, “Talk about two people not understanding each other. But we do now. I was given a lot of information before, but nothing like this,” and he held up a bundle of papers. He asked Baerlocher and his family to accept his apology.

The vote to renew Baerlocher’s contract was passed unanimously.

The Board then considered a motion to hire Baerlocher as the school district’s Activity Director for 2008-2009. The superintendent once again expressed his support.

Trustee Jim Shreve said, “It is not secret that me and Sam had some problems. I’m man enough to apologize for my mistake. I’m not afraid to admit that I made a mistake.”

A member of the public noted that Baerlocher had spent about $2,000 of his own money last summer in support of the basketball training program. He suggested passing a hat for donations and put the first $100 in. The hat made the rounds.

The vote to hire Baerlocher as Activity Director passed on a 4 to 1 vote with Trustee Kevin O’Brien again casting the lone dissenting vote.

The Board then voted unanimously to rehire all the existing assistant coaches for the boys’ basketball and football teams.

Baerlocher spoke briefly following the votes.

“Very few individuals have an opportunity like this,” he said. “I love the kids here and I love the people here. I appreciate that I get the opportunity to teach individuals how to play basketball. I cherish every day. Last week was a little tough. But I appreciate the Board reconsidering its decision.”

Darby School District discusses law enforcement policy

By Michael Howell

The Darby School Board held a special meeting last Saturday to discuss access to the school by law enforcement and the consequences related to inappropriate access to the school. The discussion was precipitated by a recent drug arrest made at the school by Darby Town Marshal Larry Rose.

Without informing school officials in advance, Rose, using a student as an undercover informant, had the student purchase drugs at the school from another student. Rose then entered the school and made an arrest in the classroom.

Attendance at the meeting was fueled by a locally distributed flyer describing it as an “emergency meeting to decide whether or not the taxpayers will sue the Town of Darby for removing a drug dealer and their drugs from school property.” School board members denied having any intention of suing the Town or the Marshal and questioned the origin of the flyer. It was not distributed by the school district.

While board members denied having any intention of suing anyone, they did express concerns raised by the sting operation and had called the special meeting to hear from attorney for the school district, Elizabeth Kaleva.

Kaleva told the board and the public in attendance that the alleged incident did raise some important issues. One had to do with access to the school by law enforcement. She said that a policy dealing with the issue was needed and that most school districts had one.

Kaleva said that the school district acts “in loco parentis” with respect to the students, in essence serving as authority in place of the parents. She said that it is a responsibility that requires controlling who has access to the students while they are at school.

“You need to know who is in the building and for what purpose,” Kaleva told the board.

She stated that law enforcement officials, without a warrant, have no more right than anyone else to be on school property and access the students. She said that, generally, without a warrant, law officers cannot interview or deal with kids during school hours. She also noted that if the events involving the sting operation were true as alleged that both students would, according to school policy, be subject to immediate expulsion. One for possessing and selling drugs, and the other for purchasing drugs on school property. She said that local law enforcement does not have the authority to exempt any student from any of the school’s policies.

Kaleva also told the board that, generally, school districts develop a working relationship with local law enforcement and a written policy about when and how law enforcement is allowed access to students. She urged the board to instigate such a relationship and develop a policy.

“It is important for everyone to know what the rules are,” said Kaleva.

A local dog trainer who uses dogs in searches for lost children and in search of cadavers stated that he had entered school property on Friday during school hours to discuss the situation with school officials but could not find the office right away. He said that, dressed in camouflage, he wandered through the school buildings on campus, passing classrooms, and was never approached by anyone challenging his presence or his reasons for being on school property. He said that the school has a problem with security.

Board member Al Milton was in agreement, but stated that fencing the school to limit access points would be expensive and also have the look of a jail.

Some parents present expressed support for the town marshal and endorsed his actions, a few others expressed concern about how the actions placed other students at risk.

Elementary School Principal Loyd Rennaker remarked that the school actually has more authority over the students than law enforcement does. He said that law enforcement must have probable cause to search a person, but school authorities “just need suspicion.” Kaleva nodded in agreement.

The Board decided to meet with Rose and possibly with the County Sheriff’s office to try and develop a working relationship and a policy to guide future actions.

Marshal Larry Rose was not in attendance at the meeting but told the Bitterroot Star on Monday that he believed the board was under a misunderstanding about what happened. He said that he did not go directly to the classroom, but went first to the office and was escorted to the classroom by school counselor Joe Yanzick.

Rose also said that he has worked well with the school district for almost 24 years, but that under the current superintendent he did not believe that giving advance notice of his actions was a good idea. He said that it was common knowledge that after giving Superintendent Wallace notice about planned visits by a drug-sniffing dog that all the students ended up with that knowledge beforehand. He also recalled an incident a few years ago when school officials confiscated drug paraphernalia from a student at school but would not turn it over to law enforcement.

“As a result we were unable to bring charges,” said Rose.

Concerning the latest incident, Rose that the student who helped in the drug bust by making a purchase could not be expelled based on any school policy. He said that state law allows law enforcement to use informants who may make illegal purchases. They are not then subject to arrest for purchasing illegal drugs. He said that if the school interferes by expelling the student who participated in the sting operation it could amount to tampering with a witness.

“I don’t think school policy can trump state law,” said Rose. He also wondered how a student could be expected to even know about such a policy if the school board members were unaware.

“They had to get an attorney to find that out,” said Rose.

Rose reiterated that he did not go to a classroom unannounced. He went to the office first and was escorted to the classroom by a school official. He said that even if the school developed a policy that allowed law enforcement to enter the grounds and go to a classroom without going through the office, he would not do it. The main thing, he said, is that when kids are dealing drugs in school it is his duty to do something about it.

“It would be foolish and negligent on my part not to,” said Rose.

He expressed willingness to work with the school on any sort of policy that they want.

“But no school policy is going to trump state law,” he said.

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