Lawyer wants charges separated against former county employee

By John Grant Emeigh - 07/24/2008

The defense for suspended Butte-Silver Bow facilities manager Gary L. Lean, who faces eight felony charges, wants to separate some of these charges because it may cause the jury to unfairly see Lean as a “bad guy,” his lawyer said John Johnston filed a motion recently to sever the charges against his client; the motion asks the court to not allow Lean to be tried on all eight charges at once. Johnston argues in the motion that trying Lean on all eight charges simultaneously will overwhelm and possibly prejudice the jury against his client.

Lean pleaded not guilty Feb. 15 to the eight felonies, which include one count of tampering with public records or information and seven counts of theft.

He’s accused of bilking taxpayers and non-profit organizations out of nearly $40,000 while working for the county.

Lean was scheduled to have a hearing on the motion to sever Wednesday, but the hearing was postponed. No new hearing date has been set.

According to Johnston’s motion, the request to sever the charges is necessary to prevent the “bad guy” image that could taint his client.

“You charge someone with a bunch of charges and the jury thinks, ‘he must have done something,’ ” Johnston said Wednesday.

Lean’s trial is set for Sept. 15, before Judge Ray Dayton in Powell County district court in Deer Lodge.

Lean was charged in February after a nearly two-year investigation by the Montana Department of Justice.

Lean is free on bond.

— Reporter John Grant Emeigh may be reached via e-mail at john.emeigh@lee.net.