Judge denies defense funding plea

SANDPOINT — A 1st District judge is standing by an earlier ruling denying a request to use public funds to hire a mitigation specialist to assist the defense at the sentencing of a man who pleaded guilty to vehicular manslaughter and aggravated drunken driving.

Judge Steve Verby rejected the request last month because there was no showing that the defense lacked the funding to cover the specialist’s $750 fee. Chief Deputy Public Defender Janet Whitney moved the court to reconsider its ruling and bolstered the request with documents showing her office has a nearly $1,200 deficit balance in contingency investigation funds.

At sentencing, Idaho judges consider aggravated and mitigating circumstances when weighing a defendant’s punishment. Court records suggest the defense’s mitigation effort will highlight William David Deardorff’s chemical dependency and medical issues.

Whitney argued on Aug. 17 that the specialist would give the court more insight into Deardorff, court records show. Bonner County Deputy Prosecutor Roger Hanlon sustained his objection to the request because it would set an unnecessary precedent given the nature of the case and told Verby that Deardorff’s substance abuse evaluation would sufficiently inform the court.

Verby ultimately agreed with the state, document show.

Deardorff, 53, of Spokane, Wash., is scheduled to be sentenced on Sept. 8. He faces up to 30 years in prison, although the state is recommending concurrent eight- to 15-year sentences.

Deardorff was charged following a head-on crash on U.S. Highway 95 in Careywood on Dec. 3, 2008. Kimberlee R. Dingman, 44, was fatally injured when Deardorff’s pickup truck crossed the center line and crashed into the Jeep Cherokee she was a passenger in.

The Jeep SUV’s driver, Crystal Bertolucci, 32, was seriously injured. Bertolucci’s daughter was strapped into a safety seat and reportedly escaped injury.