How Many Millions Will You Pay? Ahner’s Legal Gamble Puts Flathead Taxpayer on the Hook

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When Prosecutors Break the Law, Taxpayers Shouldn’t Foot the Bill

As previously reported by this news outlet (see coverage here, here, and here), Flathead County Prosecutor Travis Ahner, Assistant Prosecutor Ashley Frechette, and former Assistant Flathead County Prosecutor Michael Noonan (now serving as an Assistant Prosecutor for Attorney General Austin Knudsen) are facing enough evidence to warrant a jury trial over allegations that they knowingly used false information in an attempt to incarcerate a Montana landowner.

In light of recent events, it may not surprise many that those we elect and appoint to uphold the law could be accused of violating it themselves. What might surprise the taxpayers of Flathead Valley, however, is that your tax dollars are currently being used to fund the legal defense of those very same officials, which violates Montana law.

Montana Code clearly prohibits Flathead County, or in Noonan’s case the State of Montana, from funding any of the defendants legal defenses.

Montana Code Annotated § 2-9-305(6):
Prohibits a governmental entity from defending or indemnifying an employee whose conduct was outside the course and scope of employment, constituted malice, fraud, or intentional wrongdoing, or otherwise removed the employee from statutory protection.

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The bottom line: The federal lawsuit against Flathead County and Ahner has survived two motions to dismiss, with the court finding the allegations plausible and legally sufficient. The nature of the allegations triggers the statutory prohibition, regardless of final conviction.

And that’s not all. As far as Flathead County goes, both Ahner and Frechette have proven themselves to be a liability to the taxpayer as their actions have triggered a $50 million lawsuit that a) wasn’t reduced in amount by a federal judge and b) was allowed to go through based upon prosecutorial malfeasance. Ahner and Frechette are still practicing law for Flathead County and based upon the Thorco case, could be falsifying evidence this very day and opening up the Flathead taxpayer to even more liability.

In light of the ongoing liability facing taxpayers in Flathead County, and every taxpayer in Montana, all three defendants should be suspended until the jury trial scheduled for June 15 of this year is complete.

Here are the facts to support a suspension of all three defendants:

–Defendants knowingly charged a citizen with a crime despite exculpatory evidence.

–Ignored the Sheriff’s directive not to prosecute.

–Withheld proof of property ownership for over a year.

–Acted with malice and reckless disregard for constitutional rights.

–Taxpayer-funded defense is ongoing, in violation of Montana law.

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To help protect the integrity of Montana’s legal system, we have prepared the necessary documents for anyone in Flathead Valley, or across the state, to file a formal complaint. These documents are designed to both stop the funding of the legal defense for the named defendants and to request their suspension until trial.

Click the links below to download the respective complaint letters:

Letter for Ahner

Letter for Frechette

Letter for Noonan

Flathead County cannot afford to ignore Montana law or risk further liability. The ongoing defense of the defendants with public funds is unlawful and exposes taxpayers to catastrophic financial risk. Flathead Valley men and women should urge the County Commissioners to act immediately to protect the county, uphold the law, and restore public trust.

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