High court to answer evidence question

By John Grant Emeigh of The Montana Standard - 04/01/2008

The Montana State Supreme Court will determine if evidence can be suppressed in the case of a Butte doctor accused of having sexual contact with a minor.

Butte Assistant Deputy Prosecutor Samm Cox filed an appeal in March to the state’s Supreme Court to allow the alleged victim’s bed sheets, pajamas and other items seized in the investigation to be used in the trial of a man accused of having sexual contact with a 13-year-old girl.

William Bruce Ellis, 60, is accused of fondling a young girl in October 2006. He pleaded not guilty to a felony charge of sexual assault in October 2007.

Ellis’ lawyer, Greg Jackson of Helena, filed a motion requesting some evidence seized by police during the investigation not be used in court, because investigators didn’t properly get a search warrant. On March 7, Butte District Judge Brad Newman agreed with the defense and suppressed the items taken during the investigation from being used in the trial.

According to court papers, the alleged victim invited police into Ellis’ home at 823 W. Park St. while he wasn’t home in October 2006. Police collected evidence from the home that same day without a search warrant, court papers claim.

Newman ruled that this evidence wasn’t collected properly.

“The 13-year-old victim lacked the See EVIDENCE, Page A5 Evidence ...

Continued from Page A1 capacity or authority to consent to a search of defendant’s residence,” Newman wrote in his ruling last month. State law asserts that someone younger than 16 years old cannot give consent to a search, and Newman granted the defense’s request to suppress the evidence seized in the investigation.

Cox said Monday that he wants the Supreme Court to overrule the judge’s decision, because the minor in this case is also the alleged victim. Cox said he doesn’t believe the defendants civil rights were violated, because the evidence collected by the police was items belonging to the alleged victim.

The state Supreme Court hasn’t received all the transcripts from this case, Cox said, which it will review before making a ruling at a later date.

Ellis is schedule for a jury trial on the sexual assault charge on July 21.