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Ninth Circuit sides with Thomas Creech same day Idaho issues death warrant – East Idaho News

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Ninth Circuit sides with Thomas Creech same day Idaho issues death warrant – East Idaho News


BOISE (Idaho Reports) — The Ninth Circuit Court of Appeals sided with Thomas Creech’s attorneys in an ongoing legal dispute on Wednesday, the same day an Idaho judge signed his latest death warrant.

The decision from the appellate court does not stop the scheduled execution on Nov. 13, but it could make it easier for Creech’s counsel to file a new request for a stay of execution.

The appellate court’s decision revolves around whether U.S. District Judge Amanda Brailsford should have recused herself from a February complaint due to her relationship with Ada County Prosecutor Jan Bennetts. Brailsford said her relationship with Bennetts was not close and they “rarely communicated.”

On Feb. 8, Creech asked Brailsford’s court to suspend his execution until litigation was complete. Later that month, Brailsford denied a preliminary injunction, and with all stays denied, the Idaho Department of Correction moved forward with the Feb. 28 execution attempt.

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RELATED | Final appeals pending, Thomas Creech set for Idaho’s first execution in almost 12 years

Brailsford denied Creech’s request that she recuse herself. The Ada County Prosecutor’s Office at the time defended Brailsford in the challenge.

But, the Ninth Circuit Court of Appeals said in its opinion it is clear that “(Brailsford’s) impartiality might be reasonably questioned under the unique circumstances of this case.”

“The facts in this case leave us firmly convinced that the district court’s failure to recuse herself was based on a clear error of law,” the appellate court wrote in its opinion. The court pointed to public remarks Brailsford once made about Bennetts in 2019.

“Judge Brailsford’s public remarks about Bennetts also go beyond simply commenting on their friendship. At the investiture, Judge Brailsford commended Bennetts for ‘receiv[ing] the Professionalism Award from the Idaho State Bar,’ which—in Judge Brailsford’s words—‘is most apropos of Jan, a consummate professional every day, all day, for her entire career,’” the opinion states.

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The circuit court remanded the case back to the district court for reassignment in Creech v Idaho Commission of Pardons and Parole. 

That case initially began over how Creech’s commutation hearing was handled prior to his first execution attempt. In that proceeding, the state commission voted 3-3 to grant a commutation recommendation. A tie vote means the request failed.

Creech’s attorneys argued that Ada County brought up evidence in the hearing that is not accurate, violating Creech’s right to due process, among other claims.

The scheduled Nov. 13 execution will be the second time Idaho has attempted to kill Creech. On Feb. 28, the Idaho Department of Correction called off the most recent execution attempt after its medical team could not establish an IV line to execute him by lethal injection. IDOC has since changed its policies, allowing them access to a condemned person’s central vein, rather than a peripheral vein.

RELATED | Failed execution attempt gave death row prisoner a reprieve; Idaho will try again soon

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As of 11 a.m. Thursday, Creech’s execution is still set to move forward.

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Volunteers camp out to take part in the Succor Creek Clean-Up in the Owyhees

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Volunteers camp out to take part in the Succor Creek Clean-Up in the Owyhees


ADRIAN, Oregon — The Friends of the Owyhee organized a clean-up in Malheur County in Oregon, and volunteers came out to pick up trash and get rid of abandoned campers.

“We had two abandoned RV’S and a camper that were abandoned out on public lands,” said Tim Davis, who runs the Friends of the Owyhee. “They were sitting there for upwards of a year, and it is really clear that it is hard to get rid of these.”

WATCH| Check out the video to see volunteers demolish a camper—

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Volunteers camp out for the Succor Creek Clean-Up in the Owyhees

Davis worked with the local sheriff’s office and the BLM to remove the campers, but he found it difficult because there was no place to take these recreational vehicles. The Gambler 500, an off-road group, brought out some people to demolish a camper with an excavator.

“That is awesome to see the turnout with the army of volunteers we have today,” said Brian Arndt of the Gambler 500 group. “We are going to be able to get the camper all in the dumpster, get it cleaned down to the frame, and then everything that can be recycled will be recycled.”

Volunteers camped out on Succor Creek Road on Friday night so they could get an early start on Saturday. Many volunteers will camp out again on Saturday night and finish the clean-up on Sunday.

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“Malheur is the 12th largest county in the United States, and it’s 74 percent public land,” said Davis. “We have very few resources with the BLM; they are understaffed, they have one rec planner right now, so us, as public land owners, should be able to step up and keep this place clean.”

The campsite on Succor Creek Road

Lela Blizzard works as the lone recreational planner for the Vail District of the BLM, who says most sites have signs that say pack it in and pack it out. She says the BLM really needs the cooperation of the public because of how large it is, and she was happy to see how many volunteers showed up.

“I just want to tell them thank you because I know they are taking time out of their weekend to come out here to help us make sure the land continues to look nice for everyone who comes out to enjoy it,” said Blizzard.

Volunteers covered a lot of ground during this event

Griz Ward is one of the volunteers, and he enjoyed camping out, but he also would like to see people pick up after themselves. When it comes to outdoor recreation, it is so important to be part of the solution and not part of the problem.

“If you come out here and play in the area, be respectful,” said Ward. “Pack it in and pack it out, leave no trace and do the right thing, or frankly, stay home.”

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The Succor Creek Clean-Up also received a lot of support from the Treasure Valley, as they got donations from the Ontario Sanitation Service with the dumpsters, Tates Rents with the excavator, and United with porta-potties for the campsite.

Send tips to Idaho Backroads neighborhood reporter Steve Dent

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No Kings movement brings statewide protests to Idaho this weekend

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No Kings movement brings statewide protests to Idaho this weekend


IDAHO — ‘No Kings 3’ protests will take place throughout Idaho on March 28, including in Boise and Twin Falls.

According to the Idaho 50501 Facebook page, there will be speakers & musicians playing at protests across the Treasure Valley.

Protests will take place in Boise, Caldwell, Nampa, Mountain Home, Twin Falls, and other Idaho cities.

NoKings.org

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On March 28, Neighborhood Reporters Allie Triepke & Lorien Nettleton will bring coverage of the Boise & Twin Falls protests on Idaho News 6 at 10.





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Idaho Senate introduces new bill to give local municipalities authority to control rat populations

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Idaho Senate introduces new bill to give local municipalities authority to control rat populations


BOISE, Idaho — A new bill in the Idaho Senate aims to let local municipalities take action to control rat populations. This, after a previous bill to combat rat infestations across Idaho, died in the House.

Rats have been spreading throughout the Treasure Valley in recent years, but previous attempts at legislation to deal with the problem have failed.

WATCH: Senior Reporter Roland Beres provides an update on the new rat bill

New bill would allow local governments to combat rats

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Residents in Eagle and Boise have been tracking an alarming rise in rat populations recently.

Rep. John Gannon (D – District 17) introduced new legislation today that would essentially permit local governments to act in order to control rat populations if they want to, without creating a mandate.

Gannon said some cities complained that they did not have the authority to do the job themselves.

The bill was introduced with a dose of humor.

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“I’m going to support this. It’s very late in the session, but I think this might just squeak through,” said Sen. Ben Adams (R – District 12). “Well. Unless it encounters a trap along the way.”

ALSO READ | ‘I’ve never seen something that big’: Boise neighbors finding rats in their backyards

This story was initially reported by a journalist and has been, in part, converted to this platform with the assistance of AI. Our editorial team verifies all reporting on all platforms for fairness and accuracy.

Send tips to neighborhood reporter Riley Shoemaker

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