New judge to oversee commissioner's jury trial

Flathead County Commissioner Phil Mitchell’s jury trial has been postponed until Feb. 26, 2018, and a new judge has been called upon to oversee the case.

Mitchell was scheduled to stand trial Monday for the alleged girdling of six cottonwood trees in a county park on Whitefish Lake that caused the trees to die, but 20th District Court Judge James A. Manley, who was set to oversee Mitchell’s trial, recently removed himself from the case.

Ninth District Court Judge Robert G. Olson has agreed to preside over Mitchell’s trial — anticipated to be a four-day jury trial beginning in late February. Olson, who covers Glacier, Pondera, Teton and Toole counties, will travel to the Flathead County District Court in Kalispell for the trial.

Mitchell’s case was originally assigned to Judge Heidi Ulbricht, but Mitchell’s attorneys asked for a substitute judge.

It was then assigned to Judge Dan Wilson, but Flathead County Attorney Ed Corrigan asked for a substitution. When the case shifted to Judge Amy Eddy, she recused herself. The case finally landed with Judge Robert Allison, who disqualified himself and asked for reassignment back to Ulbricht’s court. Ulbricht then asked Judge Manley to take the case. When Manley stepped out, Judge Olson agreed to oversee the trial.

Mitchell was charged with felony criminal mischief and pleaded not guilty in Flathead District Court on Aug. 31.

However, after a county parks employee discovered the dead or dying trees this summer in the small county-owned park next to Mitchell’s home, Mitchell issued written apologies to county officials for what he had done to the trees.

The Flathead County Sheriff’s Office investigated and called in an arborist to evaluate the cost to replace the trees. Sheriff Chuck Curry said the cost was substantial, more than $30,000 to remove and replace the dead trees.

Mitchell allegedly killed the trees by “girdling” them and pouring herbicide on one or more of them, according to court documents. Girdling is a method by which a strip of bark is removed around the circumference of the tree. If the ring is wide and deep enough the tree cannot heal, nor can it transport nutrients to leaves or roots.

In a letter to Flathead County Parks and Recreation Director Jed Fisher, Mitchell stated, “I recently girdled five remaining cottonwoods in the county parkland and put Roundup on one. I was wrong to harm the trees without county permission.”

Reporter Breeana Laughlin can be reached at 758-4441 or blaughlin@dailyinterlake.com.