Conviction leaves man spitting mad

SANDPOINT - A Bonner County man was given the gift of two days in jail on Christmas Eve for glaring at a judge and spitting on the courthouse floor after being convicted of a traffic infraction.

Judge Justin Julian found Daniel J. Malone in contempt and ordered him to serve 48 hours in jail.

Julian's contempt order said Malone stood outside the downstairs courtroom and glared at him in a "menacing fashion," which distracted him while he was hearing testimony in a subsequent case.

"Once I made direct eye contact with the Defendant, he demonstrated his contempt for the Court by willfully and maliciously expelling a large amount of saliva in the direction of the Court, and onto the carpet of the Courthouse hallway," Julian's order said.

The finding came after Julian convicted Malone of failing to stop at a stop sign following a trial in the magistrate division of 1st District Court. Malone was cited for rolling through a stop sign at Larch Street and Ella Avenue in September.

"Bah, humbug," Malone said when he was found guilty and ordered to pay a $75 fine. He repeated the Dickensian catchphrase of Ebenezer Scrooge when Julian asked if he would be able to pay the fine that day, court records show.

Malone, 59, allegedly displayed his contempt as he was leaving the courthouse. He was pulling out of his space in the courthouse parking lot when he was stopped by Chief Bailiff Mark Johnson and brought back into court to explain himself.

"It's Christmas. Where is the kindness in people's hearts?" said Malone, who went on to say that he was innocent of the infraction and "hurt" because he was found guilty of it.

Julian told Malone he was not there to argue the merits of his traffic case.

"I patiently listened to your case, I explained my ruling and I applied the law," Julian said. "There is no excuse for your disruptive and disgusting behavior. I'm holding you in contempt. You're serving the next two days in jail."

Malone was released on Friday.