Petition asks for charges to be dismissed

Kaylee Brewster, Lewiston Tribune, Idaho
·2 min read

Apr. 22—A petition for post-conviction release has been filed asking for charges to be dismissed citing issues with the arresting officer.

The post-conviction relief petition was filed April 13 on behalf of Katie Farnworth, 43, of Lewiston, regarding an arrest that took place in April 2021 when she was charged with possession of a controlled substance of heroin. She was sentenced in September 2021 after pleading guilty to the charges, according to court documents.

The document states that the arresting officer, Cpl. J.R. Gregory of the Nez Perce County Sheriff's Office, was given a notice for allegedly engaging in deceptive practices and therefore is asking that the sentence be set aside and the charges dismissed.

The notice about Gregory was sent by the Nez Perce County Prosecutor's Office to the Nez Perce County Defense Bar citing an incident that occurred Nov. 19, 2022. The document alleges Gregory "engaged in deceptive practices, has included false information in his report and has misrepresented information in his report regarding what happened during the incident."

In its review of the incident, the prosecutor's office notified defense counsel of potential issues in cases involving Gregory, both active and resolved cases. The notice and allegations against Gregory were disclosed in a time frame to allow the prosecutor's office to review cases and stay within deadlines for appeals and post-conviction relief, according to the document.

Post-conviction relief allows the defendant in a criminal case to bring more evidence or raise issues in a case after judgment is made. The petition was filed in Nez Perce County District Court and 2nd District Judge Michelle Evans will preside over the case with a status conference hearing Thursday.

Gregory was the arresting officer in the case and Farnworth was a passenger in a vehicle that was pulled over and searched after he allegedly detected the smell of marijuana coming from the vehicle, according to the probable cause affidavit that was filed with the post-conviction relief.

Gregory is no longer employed with the sheriff's office and filed a lawsuit against numerous Nez Perce County officials, including the prosecutor's office and the sheriff's office.

Brewster may be contacted at kbrewster@lmtribune.com or at (208) 848-2297.