HELENA — A Helena judge has thrown out a jury’s guilty verdict against former Montana Senate President Sen. Jason Ellsworth, R-Hamilton, and ordered a new trial later this year.
Ellsworth’s defense attorneys made a motion for a new trial at a hearing Wednesday, after the parties learned that several exhibits were submitted to the jury that should not have been. Prosecutors did not object to the motion, and State District Judge Chris Abbott scheduled a trial for December.
This came just a day after the jury found Ellsworth guilty on one count of official misconduct. It’s the latest twist in a case that started more than a year and a half ago, when Ellsworth was accused of trying to evade procurement laws in awarding a state contract.
The documents inadvertently provided to the jury dealt with Bryce Eggleston, Ellsworth’s friend and business associate whose company, Agile Analytics, was to receive the proposed contract. Eggleston had been a potential witness in the trial but was not called.
The Montana Department of Justice filed the official misconduct charge against Ellsworth in December.
“The Attorney General's Office looks forward to retrying this case,” said Amanda Braynack, a spokesperson for the department, in a statement. “We are confident the jury will come to the same correct conclusion and, once again, find Jason Ellsworth guilty. Public corruption is a serious offense and we will hold anyone who violates the law accountable.”
Joan Mell, Ellsworth’s attorney, told MTN the defense would seek to dismiss the case before it came back up for trial, including by arguing Lewis and Clark County is not the proper jurisdiction because any alleged improper actions didn’t occur there. She said prosecutors would have “a lot to overcome” to address concerns of potential prejudice and bias after what has happened.
“The public should be very worried about a Department of Justice who thinks the only way it can win is by counting on jurors to believe their false allegations,” Mell said. “The verdict that was overthrown was not a fair verdict based on the evidence.”
Ellsworth was disciplined by the Senate over these allegations during the last legislative session, including being barred from the chamber floor for life and stripped of his committee assignments. If convicted of official misconduct, he could be removed from his Senate seat. However, the new trial would occur just weeks before the end of his Senate term.
