In a new court filing, Missoula County Attorney Kirsten Pabst reinforced her view that a Missoula judge can and should revoke the suspended rape sentence of former University of Montana football player Beau Donaldson. That’s despite an argument from Donaldson’s attorney that doing so would unlawfully punish him twice.
In 2013, Donaldson was sentenced to 30 years in prison with 20 of those suspended after he pleaded guilty to a 2010 rape in Missoula. In June 2016, he was released on parole, and since then has lived in Bozeman.
Over the summer, Donaldson was jailed in Bozeman after his supervising officer found he had violated the conditions of his parole, including admitting to drinking and being in bars. Further investigation found that he left the state without permission, and was using a smartphone and social media sites, also forbidden under the terms of his parole.
For those violations, Donaldson already has served 10 days in jail, been put on more stringent alcohol and drug testing, and was told to go back to sex offender group sessions as part of internal sanctions by his supervising officer at the Department of Corrections.
In late September, Pabst filed a request to revoke the suspended portion of Donaldson’s sentence based on the reports. Donaldson’s attorney Peter Lacny responded in a court filing that his client had already been punished by the sanctions, and that revoking the suspended portion of his sentence on top of that would be an unlawful “double punishment.”
In her reply last week, Pabst said revocation is not double punishment because the sanctions Donaldson already faced occurred under the conditions of his parole, and she is seeking to revoke the suspended portion of his sentence, when he would be out of custody on probation. She cited a Montana Supreme Court case that differentiated parole violations…