Prosecutor condemns threatening comments

COEUR d'ALENE — After a news release about the outcome of a criminal case sparked outcry this week, Kootenai County Prosecuting Attorney Stan Mortensen said he aims to inform the public through the information he publishes, not fan the flames of anger. 

Mortensen writes about 50 news releases each year, roughly one a week, highlighting the outcomes of different criminal cases of interest. The prosecutor's office distributes the news releases by email and posts them on Facebook. 

"I want people to know what my office is doing to protect the public," Mortensen told The Press. "There are some bad things that happen in this community. I feel like citizens are entitled to know these things." 

The news releases prompt different reactions from the public. 

"Sometimes it's clear that people are disturbed by what they have read and some people are very vocal about their displeasure and call certain people out by name," Mortensen said. "I think some of those comments come very close to being perceived as threats." 

Mortensen's office published a news release this week about the case of Zachary J. Destefano. 

In March 2025, prosecutors said Destefano, 43, was riding a bus when he showed an 11-year-old boy who was riding alone a text message on his phone offering to perform oral sex. The boy told police he saw Destefano put a hand in his pocket "as if he was masturbating," according to the prosecutor's office. 

After a three-day trial, jurors convicted Destefano of sexual abuse by soliciting a minor child under the age of 16. 

First District Judge John Cafferty sentenced Destefano last November to 13 years in prison with parole eligibility after three years. He then opted to retain jurisdiction over Destefano and place him in a prison treatment program, also called a rider, for up to a year, at which point he would decide whether to release Destefano on probation or send him back to prison. 

Before handing down the sentence, Cafferty noted that Destefano had no prior criminal history, made no physical contact with the victim in the case and appeared willing to engage in treatment. Destefano also underwent a psychosexual evaluation, which recommended retained jurisdiction. 

"In looking at whether to place the defendant in the community, the court looks at the actions of the defendant," Cafferty said. "I do not interpret his actions to be a thought out, predatory plan. There was nothing on his phone or in his room. The court looks at the behavior." 

When Destefano went back before the court this week, Cafferty agreed with prosecutors that "this is a very serious offense." He said the prison treatment program had addressed much of what was noted in the previous evaluation and placed Destefano on supervised probation for five years, with additional restrictions, including an ankle monitor. 

Destefano must engage in sex offender treatment, attend substance abuse treatment meetings, have no unsupervised contact with anyone under the age of 18 and avoid areas where minors congregate, according to court records. He will go before the court again in October for review. 

This week, Mortensen's office issued a news release about Destefano's case. Like most releases, it didn't include information like the judge's comments explaining the reasoning for his decision. 

Mortensen said he aims to write the news releases in a brief and matter-of-fact way. 

"My press releases are not designed to be a complete narration of a case," he said. 

He said he uses charging documents, police reports and, when writing about cases that went to trial, information from the prosecutors who work under him as the basis for the releases. 

"My job is an adversarial role," he said. "I'm not the defense attorney. I'm not the judge. I believe my press releases are neutral." 

News outlets and social media pages often share Mortensen's press release, sometimes exactly as written and sometimes with more context. 

On the public Facebook page North Idaho News, a post that included information from the Destefano news release, as well as additional commentary and photos of Destefano drew hundreds of comments, many expressing outrage.  

"We have his picture, his name and the story," wrote Facebook user Anthea Brausen. "Let us take care of the rest."  

"And just what are you going to do?" replied Kathi Elms. "Whatever it is, I'll help!" 

Others cast aspersions on Cafferty, suggesting he had decided to release Destefano on probation because he had been bribed. 

Mortensen's office issued another news release Thursday night, this one explaining that he writes the releases with the goal of better informing the public about serious criminal cases. 

Though it "wouldn't be inaccurate" to say the response to Destefano's case prompted him to send out a follow up, Mortensen said he's long considered writing a similar explanation. 

"I want the public to know that my press releases are not intended to create or provoke or fan the flames of how some people feel," he said. "I want people to know I don't condone (threatening comments). I'm trying to temper those flames."