Prosecuting attorney clarifies record

Recent My Turn articles by Evan Koch and David Walker raised concerns about the lack of action relating to an allegation of misconduct by a poll worker in the last election. To clarify, a criminal complaint charging the poll worker was filed Jan. 12, weeks before the articles were published. The case is set for trial in May.

Neither Mr. Koch nor Mr. Walker called me to ask me about progress. As has been the case since I was sworn in as prosecuting attorney 13 years ago, I almost always respond personally to inquiries. For reference, I can be reached at 208-446-1800 for anyone who has questions about matters relating to my office.

In making decisions that impact the lives and reputations of individuals who may be charged with crimes, I try to make sure I have all the available information. That can take longer than seems necessary. Cases are rarely open-and-shut, can be more complex than they appear and sometimes need further investigation.

The Lori Isenberg case is an example of taking the necessary time to complete a complex investigation in order to successfully pursue charges. In this case I asked for further investigation to make sure we had all the evidence that is available.

I reject the accusation made by Mr. Walker that my decision-making is influenced by a desire to have the support of a local political figure, an obvious reference to Brent Regan. If the accusation is based on inaction in the case, when action was taken weeks ago, the conclusion fails.

Further, I have been elected to this office on four occasions, I believe in part because I do not compromise my obligations. I would hope that Mr. Walker would submit a letter to the Coeur d’Alene Press apologizing for the accusation.

I would encourage anyone to talk with people who know me personally or professionally, including members of law enforcement, or former and current members of the Republican Central Committee, about my objectivity and independence when it comes to decision-making. For clarification, I submitted my letter of resignation from the Central Committee May 25, 2021.

As far as updating the public on progress in the case, it has always been my policy to not discuss pending cases or issue press releases prior to sentencing. It is important to do what I can to avoid prospective jurors from being influenced by press articles.

It is also important to remember that a charge is merely an accusation and that the defendant is presumed innocent until and unless proven guilty. I am willing to discuss cases after sentencing; for example a press release was referenced in an article in last Saturday's paper regarding a sex offender who was sentenced to 40 years in prison.

The decision to charge or not charge a case is made by my office. I did not ask Clerk Jim Brannon for his input on the charging decision and he did not offer any input. Clerk Brannon cannot comment on actions he took or didn't take relating to the poll worker because it is a personnel matter about which he cannot comment.

Since it was raised by Mr. Walker, I will confirm that I am considering pursuing a district judge position that will be filled through an election in May. Regardless of the position I hold going forward, I will continue to make decisions in a methodical fashion, devoid of inappropriate influence, after obtaining all the information that is available. Either way it will be an honor to continue my service to the citizens of Kootenai County.

Barry McHugh is Kootenai County Prosecuting Attorney.