Judge rules convicted killer can't contact sons
LEWISTON (AP) - An Idaho state judge has ruled that a former Nez Perce County Sheriff's deputy convicted of strangling his ex-wife to death may not have contact with the couple's two young sons or the immediate family of his former wife.
The Lewiston Tribune reported that 2nd District Judge Michael Griffin on Friday kept in place the no-contact order for Joseph A. Thomas for one year, the maximum allowed at a time.
Thomas, 38, is incarcerated in a maximum security facility in Boise after being convicted in December of killing 28-year-old Beth Irby-Thomas in May 2011. He must serve at least 25 years before he's eligible for parole.
His court-appointed attorney, Gregory R. Hurn of Kwate Law Offices, argued that Thomas is not a threat because he doesn't have money to make phone calls and would only be able to write letters.
But Nez Perce County Prosecutor Dan Spickler argued that Joseph Thomas continues to blame the victim for her death and letters to the children could be psychologically damaging.
The Lewiston woman was found under a blanket in her living room with a belt wrapped tightly around her neck. During trial, prosecutors argued Thomas killed his ex-wife, while he claimed she died accidentally while engaging in a dangerous sex practice called autoerotic asphyxiation. Thomas claimed he had previously observed his wife choking herself during a sexual act.
The children are in the custody of their maternal grandmother following a guardianship agreement reached last month by the maternal and paternal grandparents. The paternal grandparents have visitation rights.
Griffin said the paternal grandparents can tell the children that their father loves them, but by law can't transmit messages from the father as long as the no-contact order exists.