Idaho lawmaker Mark Patterson could lose weapons license over old Florida guilty plea [The Idaho Statesman]
By Dan Popkey, The Idaho Statesman | |
McClatchy-Tribune Information Services |
Patterson, then 21, was charged with forcible rape in
In
"I was a young kid," the freshman Republican from
In both 2007 and 2012, Patterson successfully applied for a concealed weapons license in
"They were aware of this charge in his history and therefore knew that in order to obtain one he must have falsified his application," Raney said. "We did our due diligence, and from that a hearing was ultimately held and his concealed weapons permit was revoked."
WITHHELD JUDGMENT
Assault with intent to commit rape is a felony involving the use or threat of violence, Raney wrote, adding, "(Y)our application contained a material falsehood when you represented you had no withheld judgment entered in such a case."
A withheld judgment is an option judges often use in plea bargains.
Patterson's attorney,
"Details about concealed weapons permits are protected," Raney said. "The fact that we properly acted when we learned of a violation is not."
Woodard also questioned the relevance of the withheld judgment, arguing that despite his guilty plea, Patterson did not receive a felony conviction because he satisfactorily completed the terms of his sentence. "Technically, it's sitting there, but it's meaningless as far as the law is concerned," Woodard said.
The
On
WHAT HAPPENED IN 1974?
Shortly before
Instead, the 6-foot-2, 180-pound Patterson took her to his apartment, forced her from his car, chased her when she ran, caught her, put his hand over her mouth and forced her upstairs to his apartment, the reports say.
There, Patterson introduced her to Thor, his 85-pound Doberman. The 17-month-old black dog was bred and raised by Patterson and registered with the
Patterson said "that if she did not do as he told her, he would turn the dog loose on her," the woman told police, and that "the dog would attack on command."
The woman also told police that Patterson said he belonged to a motorcycle gang "and they would come after her if she told anyone about him."
Patterson agreed to a polygraph. The examiner's report said Patterson "was untruthful" when questioned about Thor and concluded that he "did threaten the young lady in question with his dog and caused her to be fearful for her safety if she had not submitted herself to him sexually."
After his arrest, Patterson returned with police to the apartment to retrieve the dog and "was the only one who could control the dog," according to reports. Patterson put the dog on a choker chain and muzzle, and it was impounded.
WHAT DOES PATTERSON SAY?
Patterson told the Statesman that he has no memory of that night, attributing the memory lapse to six months of chemotherapy to treat a hepatitis C virus in 2003. Patterson said he contracted the disease at the dentist.
"I don't remember my first car, I don't remember my first girlfriend, I don't remember my first motorcycles," he said.
Offered a copy of the police report to refresh his recollection, Patterson said, "No, this is not going to refresh my memory. I've never read the police report. I do know that the cops lied. And, you know, that's one of the reasons I went ahead and took the deal because I shouldn't even have been arrested."
Patterson called the dog "a puppy ... they're puppies until they're about 2 years old." Despite his memory loss, Patterson said, "I don't threaten people with dogs. ... I know I wouldn't have because that's not my demeanor."
As for the alleged gang threat, Patterson said that although he has long been a motorcycle enthusiast, he has "never, ever been in a motorcycle gang. ... They were violent, they had no respect for human beings and people's dignity."
Patterson repeated that he's certain police lied. He could not explain his absence of memory about other details, except to attribute it to chemotherapy. He remembers Thor because he has photos of the dog, he said. But he has no pictures of him in a gang, he said, which he would have had he been a member.
"How many times do I have to say no, I don't remember it?" Patterson said. "You're trying to twist it when I say 'I know my nature.' I know who I am, you know."
The
In
"I was acquitted -- then obviously I didn't do it," Patterson said. Patterson said he doesn't recall the case, but said his brother reminded him about it this year. Patterson would not help the Statesman identify and contact his brother as a corroborating source, saying he was 68 and recently widowed.
"I know this: I'm not a convicted criminal. I can go to a gun store and fill out the form and the
POLITICAL MOTIVES AS OLD CHARGES SURFACE?
Patterson said Raney is targeting him because he scrutinized
"This whole thing is to silence me, is to shut me down and silence me and get me the hell out of the way," he said.
Hogwash, said Raney.
"The questions that
Patterson authored House Bill 219 in the 2013 Legislature, which would have made it a misdemeanor for
Raney opposed the bill, which passed the House and died in the
On
Patterson said Kane and Killeen lobbied against HB 219 -- the association was officially neutral -- and failed to comply with the lobbying disclosure laws administered by Secretary of State
Raney "had his boys go under the radar screen," Patterson said.
RANEY: 'RABID' OR 'FIRM'?
Rep.
Boyle said Raney complained that the bill would dismantle local-federal cooperation and cost
"He was rabid about it, seriously," Boyle said. "He was yelling on the phone."
But Rep.
"(The sheriffs') concern was that we didn't jeopardize what they were doing," Batt told the Statesman. "They were definitely firm that it was important to them."
Raney said his opposition was as an individual sheriff and "because it was bad law." He also said the bill would not have affected forfeitures.
Added Raney: "Anyone who knows me knows I would never yell or otherwise be 'rabid' in such a conversation."
After an inquiry by Ysursa, Kane twice amended his lobbying report to reflect he'd lobbied several gun measures. His first amendment on
Kane filed the second amendment
Killeen hadn't registered as a lobbyist but agreed to do so on
FOLLOWING THE MONEY
The second reason Raney would target him, Patterson said, is a line of questioning he began after Ysursa closed the lobbying complaint.
"I wanted to know if Kane and Killeen were paid with taxpayer money to corrupt the legislative process," Patterson told the Statesman.
On
"I would like to see details of all incoming money that is public and private," Patterson wrote. "Also all expenses in detail, to whom, who and or what in the amount received."
That letter was received at Raney's office
"I sent 'em a letter asking a question and the day they got the letter is the day they started this," Patterson said.
Patterson said he now believes that the association -- which reported
"These guys are doing something big-time illegal," Patterson said. "I've been working on doing some legislation to expose it so that people will be able to step in and shut it down."
'MISREADING THE LAW'
Patterson cites a 1986 opinion authored by deputy attorneys general
But, the lawyers said, district officials "acting in a private capacity" may create a nonprofit corporation in support of schools.
In 1989, Chadwick authored a related opinion saying such associations could spend tax money to lobby and that their records are exempt from public disclosure.
Chadwick, now executive director of the
Replied Patterson: "I guess he knows how to explain it away."
Asked why he hasn't requested a new opinion from Attorney General
"I've been dealing with this crap," he said.
On
ACCUSED OF MISSTATEMENTS BEFORE
A month after he was elected in
His claim that he was a "professional road-racing cyclist" also was disputed in an
Patterson's job outside
Patterson declined to offer details about much of his background. In 2012, he told the Statesman he studied "science, business and technology" at "numerous colleges and universities."
He has said his mother was a plastic surgeon and his father retired as a major after 26 years in the
The online research service LexisNexis says Patterson has lived in
Patterson said his constituents don't have any interest in knowing he's twice been charged with rape and once pleaded guilty to assault with intent to commit the offense.
"I've never been convicted of a crime, so there's nothing to know," he said.
Rep. Boyle said she has "a hard time believing" the sheriff received a tip. She said she thinks Raney went looking for dirt and found the 1974 arrest.
"It doesn't pass the smell test," Boyle said. "Raney, definitely from everything I've seen, would love to get rid of
Raney said his office records don't show why Patterson's criminal history was overlooked in the application process.
"This matter was handled in the same way we would have handled it regardless of who the permit holder was," Raney said.
Raney declined to identify the tipster, but said the information came "with enough details to be credible."
MORE FALLOUT
Patterson, 61, is married with two young children. He said that his wife knows about the
"If this comes out -- and I'm not guilty -- it will absolutely destroy my family," he said.
Concealed weapons license applicants swear that their statements are true under penalty of perjury. Asked whether the matter might be referred for possible prosecution, Raney said the office is "continuing to investigate whether criminal violations occurred."
Boyle is one of three Republicans and two Democrats on the
No complaints have been filed against any House member this year, said Chairman
House Speaker
"But I'm not ready to say that -- that would be a call of the committee, not mine," Bedke said.
Of Patterson's 1974 guilty plea, Bedke said, "That's certainly a serious matter."
Even if the revocation order becomes final, Patterson still will be able to carry a concealed weapon as long as he remains in office. More than 3,000 elected officials -- from fire, cemetery and sewer district directors to governor -- are exempt from the license requirement under
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