Judge claims he did not sign for LaRance's release

By Kathy Helms
Staff Writer

WINDOW ROCK— Hopi Tribal Court Associate Judge Muriel Scott, upset with comments made by John Poleahla in an article in Tuesday's Independent regarding the release of former Chief Judge Gary LaRance, said she had nothing to do with LaRance's release April 14 on his own recognizance.

LaRance was arrested and jailed Saturday, April 14, following an altercation at a Hopi/Window Rock girls' softball game. He was released around 11 p.m. that same night after signing an agreement to appear in court at 10 a.m. Monday, April 16.

However, LaRance failed to appear for arraignment, prompting Judge Delfred Leslie to issue a bench warrant for his arrest. Judge Scott said LaRance appeared before her for arraignment on April 18.

"I had nothing to do with his (April 14) release," she said Tuesday.

She added that she did issue a recognizance release order following the April 18 hearing and signed that order Monday, May 7. Scott said due process in Hopi Tribal Court follows the same process as the state court and the federal court.

"I was only the presiding court judge on April 18 and I released him according to an appellate court ruling that says I have to release a defendant if there is no showing that he is a flight risk. There was a full hearing heard here," she said. "You can get a copy of the transcript and listen to hear, but I'm not going to sit here and tell you what happened at that hearing. I just want that part retracted in terms of my having nothing to do with his release at 11 p.m.

"In fact, that was addressed strongly in my court with the prosecutors. They are the ones that released him, so it was my assumption that they did not believe he was a flight risk by doing so," Scott said.

"Whether it's standard procedure with the prosecutor, I don't know," she said. "I don't make the rules over there in that office."

Judge Scott said defendants are sometimes released from custody before they come to court. "They get what is called a release from custody form signed by the detention officer. It's their discretion. If they feel like releasing somebody, they will release them and have them come back on the following morning."

Judge Scott said Hopi court is a limited jurisdiction court. "We're a court of misdemeanors. It means that we don't try felony cases. We try misdemeanor cases," she said. "All charges here are misdemeanors."

An assault and battery charge in Hopi court is considered a misdemeanor, she said, but added that in another jurisdiction, such as Flagstaff Superior Court, it might be considered a felony.

Judge Scott said Poleahla "has misrepresented himself to you as an attorney. He is not an attorney. He is only an advocate. In fact, he is an incompetent advocate who has had problems with this court, with being held in contempt of court. I have admonished him several times for his incompetency. And so his problem is with the court because he is incompetent to practice here," she said.

"He was carrying around a petition to have me ousted out of my office about six months ago," Scott said.

Darling Mann, chief court clerk, also took exception to Poleahla's claim that some individuals within the court system have been involved in illegal activities.

Poleahla claims the court system needs a "shakedown" and that judges and prosecutors "need to shape up and try to make themselves professional before they continue to enforce the law."

Mann said she and her staff of four took offense to Poleahla's comments.

"We wouldn't be working here if we weren't able to perform our duties. In my opinion, I would recommend that you not listen to every word that Poleahla tells you, because his reputation here with the court isn't that great. He had disciplinary action taken against him, and I'm not sure if he's out to put a black mark on our court system. All we're trying to do is comply with the rules and regulations set up in Ordinance 21," she said.

She added that all felony offenses are referred to the federal government for prosecution under the federal court.

"Once a case is reported, and if the investigators feel that it is very serious, criminal investigators from the Hopi Police Department will investigate the case, and if they feel it needs to go federal, they will refer it to a federal court, which is in Flagstaff," Mann said.

In LaRance's case, she said, there is a release order in his case file. "That is completed when a defendant is being released from custody before arraignment."

Asked whether defendants normally are released on their own recognizance when they are charged with assault and battery, Mann said, "On assault and battery, no. From the information I received, and the note on the release from custody form, it does indicate that Dorma Sahneyah through Jeffrey Porturica, informed the police department to release Gary LaRance, which was approximately 11 p.m. The judge (Scott) did not have anything to do with that release," she said.

She added that defendants normally are held to post bond "or they're held until the next available arraignment date, and that would have been Monday morning (April 16)," Mann said.