Blair Olsen’s motion to terminate probation denied
On Thursday, a former Jefferson County sheriff had a sentence-review hearing. Blair Olsen was convicted in May 2015 for issuing a county-paid cellphone to his wife for personal use — which is considered a misuse of public funds. He was sentenced to 15 days in jail, two years of probation, and a fine.
The tension in the courtroom was high leading up to the ruling. Olsen’s motion for early release off of probation was denied.
Thursday’s hearing had a fresh new set of eyes. This was Judge Dane Watkins’ first time on the case. He ruled in favor of the state, saying Olsen’s original sentencing of two years on probation was modest for the three felony charges Olsen on which was convicted.
Olsen has been on probation for a year and three months. Both sides argued for and against Olsen’s early release from probation. Olsen also spoke on his own behalf before Watkins made his decision.
“You know, what’s justice and what’s overkill? With all I’ve said, I believe that I’ve done what I’ve been asked to do. The time’s come where I ask that you consider all these things,” Olsen said to the judge.
Though he thought the motion to end Olsen’s probation was too early to grant, Watkins did, however, decide to take away Olsen’s need for constant supervision based on Olsen’s good behavior. As of now, Olsen’s case is set for a hearing this December.
Here are a couple of the arguments in the case that may unfold in December:
Olsen’s lawyers argued the Idaho law that does not allow the misuse of funds by a public employee is unconstitutionally vague. However, the opposing council said the use of that county cellphone was not in use for the public good; therefore, its use was clearly a violation. Olsen was prosecuted on three separate charges for that one use of the cell phone. His attorneys say that conviction should be considered as Double Jeopardy; a law that protects people from being charged multiple times for one act. The opposing council said those three charges are for the three years his wife used the cellphone.
