Recall allegations ‘vague and pretty false,’ sheriff says
by Brent Shrum, Kootenai Valley Record
July 16, 2009
A Eureka group has gotten the green light to begin gathering signatures on a petition to recall Lincoln County Sheriff Daryl Anderson for alleged incompetence.
Headed by Ginny Emerson of Eureka, the group claims that Anderson is subject to recall for failing to adequately investigate six reported rape cases, failing to secure a crime scene in a 2008 incident involving the killing of a dog, illegally denying a concealed weapons permit, and failing to require a deputy to attend the state’s law enforcement academy.
Anderson counters that the allegations are politically motivated and not supported by facts.
"I don’t know where they get their information," he said. "It’s vague and pretty false."
All reported rapes have been investigated "to the fullest," Anderson said. Although some victims’ advocates have speculated that a "date rape" drug was involved, laboratory tests have not supported that assumption, Anderson said.
In the dog case, "we’ve done follow-up after follow-up," Anderson said. "There are no suspects."
The concealed carry permit was denied because of the applicant’s association with the anti-government "Freemen" who were involved in a 1996 standoff with federal agents in eastern Montana, Anderson said. The man was told he could come to the sheriff’s office to verbally appeal the decision or formally appeal the case to a district court judge but chose to do neither, Anderson said.
The deputy who did not attend the law enforcement academy was Jay Sheffield, a retired California law enforcement officer who took a position with the sheriff’s office before being appointed to fill a vacancy as justice of the peace in Libby, Anderson said. Sheffield was initially hired for a temporary position, and would have been required to obtain his Montana law enforcement credentials after one year had he remained in a sworn deputy’s position, Anderson said, but instead he was moved into a non-sworn civil and transport position after his year was up.
"I don’t know where they get their facts," Anderson said. "They’re not facts to begin with."
The recall petition was initially submitted last month but was rejected by the county clerk and recorder’s office on the grounds that it did not meet statutory requirements as to form and that the affidavit accompanying it did not set forth a factual basis to support the allegations against Anderson. The petition was re-submitted last week and approved as to form.
The group has 90 days to collect nearly 2,000 signatures from registered voters. If enough signatures are gathered, the petition would then be sent to the county attorney’s office for review on content. If approved for a special election, Anderson would then have the opportunity to draft a rebuttal to be included on the ballot.
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Editor’s Note: See the July 14, 2009 edition of the Kootenai Valley Record for the printed version of this story. The Kootenai Valley Record publishes once a week, on Tuesdays, in Libby, Montana. They are a locally owned community newspaper, located at 403 Mineral Avenue in Libby. For in-county and out-of-county subscription information, call 406-293-2424, or e-mail kvrecord@gmail.com.
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