Idaho
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.
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.
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
As of 11 a.m. Thursday, Creech’s execution is still set to move forward.
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Idaho
Idaho State Controller's Office says it may take 2-3 years before Luma system is optimized • Idaho Capital Sun
Officials with the Idaho State Controller’s Office told a legislative committee Friday that it may take two or three years for the new Luma business and IT system to be fully optimized.
On Friday, officials with the Idaho Office of Performance Evaluation presented their new evaluation report on the Luma business, finance, HR and IT system to the Idaho Legislature’s Joint Legislative Oversight Committee.
“The key takeaway is clear; transitioning to Luma was the right decision,” Idaho State Controller Brandon Woolf told the committee. “In visiting with other states, projects of this magnitude require two to three years to fully optimize, and we are firmly on the right path to success.”
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Luma, which is based on software purchased from Infor, is designed to improve security and efficiency for state agencies by replacing legacy systems from the 1990s that had outlived their useful life and were vulnerable to security threats. But the $117 million Luma system, launched in July 2023, experienced a rocky rollout that included duplicated payments, payroll challenges, late payments, reporting and reconciliation challenges and the inability to independently verify cash balances, according to the evaluation and a series of previous audits of Luma.
In the latest Luma challenge, state budget officials said Tuesday that the state was not able to identify $14.5 million in state revenues by the deadline to use that money to reduce Idaho property taxes this year.
After Friday’s presentation, Woolf issued a response and fielded questions from legislators. Luma is housed in the Idaho State Controller’s Office, which was also involved in purchasing Luma.
Woolf told legislators his office takes accountability for the challenges with Luma, and believes sticking with Luma and optimizing it to see its full potential is the best option for the state moving forward.
Woolf said the Idaho State Controller’s Office is developing a “people-first” strategy working to repair relationships with state employees and rebuild trust. As part of that effort, the office is developing a sustainable training strategy and focusing on communication.
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“As we move forward, we are guided by a clear vision – to restore trust, improve transparency and ensure that Luma delivers the value it was designed to provide,” Woolf said. “This is a collective effort, one that depends on ongoing collaboration and respect with all involved.”
Idaho Office of Performance Evaluation Director Ryan Langrill told legislators the best path forward for the state is improving Luma.
“We believe that moving forward with Luma, rather than migrating back to the legacy system or doing a whole new procurement for a new system, is the most realistic option,” Langrill said.
In the Idaho Office of Performance Evaluation report on Luma, evaluators suggest legislators consider changes to Idaho’s purchasing process and consider changes to the governance and accountability of Luma. In the report, Langrill’s team suggested the purchasing process the state used to get Luma may have limited choices available to the state.
Moving forward, Woolf said his top priority is improving the reporting processes in Luma. But Woolf stressed he believes in Luma and that it will bring security benefits to the state and standardize data entry across different agencies and divisions.
“The narrative that Luma does not work is counterproductive and not accurate,” Woolf said. “Luma is functional but it’s not perfect – it processes transactions, handles payments and ensures everyone gets paid.”
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Idaho
Idaho teen is arrested in connection with a dead infant found in a baby box at a hospital
BLACKFOOT, Idaho (AP) — An Idaho teenager has been arrested in connection with the body of an infant found last month at a hospital in a box meant for people to anonymously give up a newborn, police said Friday.
The Blackfoot Police Department said in a social media post that an 18-year-old from Twin Falls, about 130 miles (210 kilometers) southeast of Boise, had been arrested there and booked into the Bingham County Jail.
She was arrested on a felony arrest warrant for failing to report a death to law enforcement officials and the coroner, police said.
Police in Blackfoot responded to a report Oct. 13 of a deceased baby left at Grove Creek Medical Center. Safe Haven Baby Boxes founder Monica Kelsey has said hospital staff responded immediately to an alarm indicating a baby was in the box and realized that the infant had died before being placed inside.
Idaho law only allows for the surrender of an infant who is unharmed.
“The Safe Haven Baby Box is intended to safely and anonymously allow custodial parents to surrender a newborn under 30 days old without legal repercussions, provided the child is unharmed,” police said in the social media post. “Unfortunately, the placement of a harmed or deceased infant is not protected under this system or Idaho law.”
The baby had been wrapped in a blanket, and the placenta was still attached, Kelsey said previously.
Police said they weren’t releasing further information in part because more charges could be filed.
Idaho
University of Idaho housing renovation earns state approval
The Idaho State Board of Education Thursday signed off on a nearly $163 million on-campus housing proposal from University of Idaho as its freshmen enrollment continues to grow.
Total enrollment since 2019 grew by 14%, with freshmen enrollment up 42% during that same period.
That’s a problem since the school’s housing is over capacity, and many of the buildings are in disrepair, like the South Hill Apartments, which will be torn down and newly replaced.
“We have four of those buildings that have already been demolished over the last 10 years and another three buildings that have been mothballed and are currently offline because they’re quite literally uninhabitable,” said Brian Foisy, UI VP of Finance and Administration.
The university currently has capacity for 2,075 students to live on-campus, with another 200 overflow beds at a former motel nearby. Foisy said students are not satisfied with those converted motel rooms and UI doesn’t plan to renew its lease.
The upcoming project will also renovate dorms in the Wallace Residential Complex and Theophilus Tower, which are nearly 60 years old and make up the majority of the school’s capacity.
“The Moscow community simply does not have sufficient resources to meet the housing needs of these students, and available housing on the university campus is inadequate and well beyond useful life,” Foisy said.
UI will begin working with its contractors to begin demolition and complete initial utility work over the next several months.
State board of education members will need to approve a full finance plan, which UI will fully cover, in the first half of next year.
The first phase of new construction and renovations are expected to open Fall 2026, with the remaining work planned to be complete by Fall 2027.
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