Judge unseals Mason's court fileJudge Woodland has also determined that the former I.F. prosecutor's plea deal will not be binding for sentencing.
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By PAUL MENSER
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pmenser@postregister.com
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Mason |
Former Idaho Falls city prosecutor Kimball Mason may have struck a plea deal with the state in March, but the judge hearing his case has said he will not be bound by those terms when he sentences Mason later this month. In a May 11 decision, retired 6th District Judge William Woodland said he received and reviewed the presentence investigation report and determined he is not required to abide by the terms of the plea agreement. Woodland was assigned the case after five district judges in the 7th Judicial District, which includes Bonneville County, recused themselves. Woodland also unsealed the written plea agreement, making it available to anyone who wants to examine the court file. Mason, 51, served as Idaho Falls city prosecutor for more than 12 years until he resigned in late January. He'd served as Bonneville County prosecutor from 1983 to 1992. On April 19, he pleaded guilty in 7th District Court to two charges that he stole guns from the Idaho Falls Police Department's evidence locker and one charge that he tampered with a judge's order. Before the plea agreement was made, state Attorney General Lawrence Wasden was prepared to file 18 counts of grant theft and one count of falsifying records against Mason, who made $112,000 in 2005. He could still face up to 14 years for each of the two felony grand theft charges and $10,000 in fines. But in the plea agreement, the attorney general's office recommended Mason serve a year in a county jail, although the plea agreement said, "The defendant may argue for less county jail time." Woodland said at Mason's arraignment April 19 that he would probably give a sentence in line with the plea agreement. If he does not, Mason would be allowed to withdraw his guilty pleas. The plea agreement also said Mason would make a statement describing what he took from the police department's evidence locker and to whom he gave the stolen goods. Such a statement was made to investigators, said Deputy Attorney General Stephen A. Bywater, but it has not been released to the public. A summary will be in a report that will be released following Mason's sentencing May 30, he said. Staff writer Paul Menser can be reached at 542-6752.
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