Episode Details

It's time to take a look at what's happening around Wyoming for Thursday, January 29th. I'm Mac Watson.

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A Green River judge on Wednesday hinted he'll send the animal cruelty case of Cody Roberts to a jury in two months. Cowboy State Daily's Clair McFarland reports that Judge Richard Lavery stopped just short of denying Roberts' argument for immunity, saying he'll file a written order later.

"Cody Roberts had argued by his attorney, Robert Piper, like we have all these carve outs to allow for the capture, hunting, killing, destruction of predators and some other wildlife in our state laws to where you can't be charged with felony animal cruelty if you're doing those things and you're doing it in a way that's not otherwise violating laws. So if you're following the trapping laws, you can't be charged with animal cruelty for trapping an animal, that kind of thing. And so that argument came before Judge Lavery Wednesday in it was actually in sublet County District Court, but Lavery was in Green River…His attorney, Robert Piper and the prosecutor of Sublette County, attorney Clayton Malinkovich also appeared by virtual link with Judge Larry in the Green River courthouse, which is his natural base. And they argued at length. They argued which witnesses are allowed, which what kind of evidence is allowed. But the biggest argument was when Cody Roberts Attorney Robert Piper said, 'Look, if you let this case go forward, it's going to upend Wyoming hunting laws, because on a prosecutor's whim or the mob or social media or activist pressure, we could prosecute people for capturing animals in ways that we dislike.' And Clayton Malinkovich, the prosecutor countered, saying, 'No, because there's a state of mind attached to the definition of animal torture. It's willful or malicious. So if you are just out shooting an elk and you're not being willful and malicious about watching it suffer, then we're not going to prosecute you for animal cruelty.'"

During Wednesday's court proceedings, Judge Lavery said two consequential things. One, the judge said he felt the defense was treating the exception too broadly, and two, he proceeded to plan many of the technical aspects of the trial, including wanting a panel of 31 jurors.

Read the full story HERE.

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A Buffalo Circuit Court judge Wednesday found that continued random alcohol testing was appropriate for State Rep. Bill Allemand despite his request that it be suspended during the budget session. Cowboy State Daily's Dale Killingbeck reports that Allemand's attorney argued that's unconstitutional.

"Representative Bill Allemand and his attorney were in Buffalo Circuit Court today via video, and they were there because they wanted to change the bond that Representative Allemand was given after he was arrested for drunk driving back in December, and as part of that, he has to do testing. But according to information in the court today, the testing is the least possible. So it's only like once a month. But what came out today was that his attorney, through written argument, and then in court today argued that it's unconstitutional to have him tested because he's still innocent until proven guilty, and that the fact that he has no criminal record also is a reason why he shouldn't be tested…The judge recommended either he could buy a breathalyzer, portable breathalyzer test, or he could go to a Laramie County place where he can do it around his legislative sessions and and accomplish it that way."

State Representative Allemand is fighting a driving while under the influence of alcohol charge in Johnson County. According to court affidavits, the charge against Allemand stems from a report from a fellow driver headed nor