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Guest opinion

| October 6, 2004 11:00 PM

Parents hope for justice

Our daughter was raped by Patrick Larson in October 2003. As you know, Patrick Larson was given the gift of a consent decree, a document prepared in lieu of a court trial. In the document, Larson admitted to raping our daughter. The consent decree, which is a form of probation, spelled out terms and conditions of conduct, which included obeying all state, county and city laws; not using illegal drugs; not using alcohol before his 21st birthday; not associating with individuals actively involved in youth court; maintaining full time employment, and so on. In short, Patrick Larson's punishment - the consent decree - amounted to nothing more than a behavior contract mandating that Larson conduct his daily activities in the manner in which you, I and 99 percent of the citizens of our community do simply as a matter of decency.

Last week, Larson and three others were arrested and cited with felony criminal mischief for shattering numerous business and auto windows in downtown Kalispell. The four miscreants used wrist rocket sling shots and steel ball bearings to cause tens of thousands of dollars of damage to our community. Please understand that these wrist rockets are not your ordinary childhood slingshot. They are incredibly lethal, send the projectile, a ball bearing, traveling at speed and force equal to a .22, and would have no difficulty wedging a steel ball bearing into someone's head. They are a deadly weapon.

All this brings us to the matter at hand, which is Patrick Larson's violation of the first requirement of his consent decree, namely to obey all laws. His charges of criminal mischief are the second felony Larson has been charged with in 11 months. And these charges come just weeks after he signed his consent decree. Truly, the ink was not even dry on the consent decree when Larson engaged in his riot of vandalism. And his actions could - and SHOULD cause a revocation of the consent decree.

Here is how the law works in this case - Larson, an adult, had his rape charges handled by way of the consent decree in lieu of a court trial. According to Barbara Harris, Special Prosecutor assigned to this case by the Montana Attorney General's office, the consent decree is administered by Barbara Monaco, Chief Juvenile Probation Officer for Lake County. Any reexamination and revocation of the consent decree must be conducted by Ms. Monaco, and then presented to the Lake County Prosecutor's office, which is headed by Lake County Attorney Bob Long. In effect, Larson is potentially right back at square one with regard to the charges of sexual intercourse without consent.

Our family has severe misgivings about the ability of the Lake County Chief Juvenile Probation Officer and the Lake County Attorney to do the right thing - ie, adequately review Larson's consent decree, determine that he did, in fact, violate the terms and conditions of his release, and then present his case in District Court. We fear that Ms. Monaco and Mr. Long would rather simply close their eyes, look the other way, sweep the whole mess under the carpet in the same way they approached the matter in the beginning. To our dismay, Bob Long routinely remarked in the press that he "refused to prosecute this young man with a felony that would follow him for the rest of his life." Ms. Monaco repeatedly urged us to drop charges in exchange for Patrick Larson enlisting in the military. The recent events put on public display both Long's and Monaco's grave misjudgement of the character of Patrick Larson. Their actions gave Larson every reason to believe that he was somehow above the law. Sadly, in doing so, they have not only done a disservice to our daughter and to us as a family, but also done disservice to the community in general and to Patrick Larson specifically. Ms. Monaco had the opportunity, through the consent decree, to have Larson take full accountability for his actions. Perhaps appropriate counseling, as Ms. Monaco could have required as a condition of his probation, would have given Larson the strength and the tools he would have needed to bow out of the riot of vandalism, or perhaps even prevent it altogether. In trying to protect Larson, whom Bob Long referred to as "a good boy," both Ms. Monaco and Mr. Long let Patrick Larson literally slip through their fingers. Now, with two felony acts behind him, do you not think that Larson will find his third, fourth, fifth criminal acts to be simply that much easier to commit?

In contrast, the Flathead County Attorney's office has been empathetic, open with their communications with us and responsive. We have faith in prosecutor Dan Guzynski and in Judge Ortley to handle this matter in a way that will get Larson into the system in such a way that he will be eligible for appropriate treatment, rehabilitation and re-education as well as hold him accountable for his actions. This has already been demonstrated in the bond required for Larson's release from county jail. His bond was set at $50,000. The others involved in the matter reportedly have been released on their own recognizance pending trial. It is our belief that the high bond Larson was set because the Flathead County Attorney's office realized that Larson was potentially dangerous and a potential flight risk, and needed to be incarcerated rather than out on the street. In a strange bit of irony, Larson never saw the inside of a booking room or a jail cell over the rape of our child. But he has seen both as a consequence of breaking windows.

As parents of a victim of violent sexual assault, and as members of the community that is the Flathead Valley, which we have come to love, we implore Ms. Monaco and the prosecutors for both Flathead and Lake Counties to do the right thing. Make an effort to actually help the victims of Larson's actions. Make an effort to help Larson himself. And above all, make the effort to protect the communities they are sworn by oath to protect, and to uphold the Montana state laws they are sworn to uphold.

Michael and Bridget Michlig are the parents of a 15-year-old Bigfork girl who was raped one year ago.