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Court issues warrant in battery case

by Keith Kinnaird News Editor
| December 23, 2012 6:00 AM

SANDPOINT — A Sandpoint woman accused of committing battery on a city official is wanted on a $5,000 arrest warrant for failing to appear at a court hearing in her case.

Rita Nancy Hutchens’ trial for the misdemeanor offense was set for last Thursday, but was canceled, court documents indicate.

Hutchens is charged with throwing an ink pen down onto a tabletop, causing it to bounce back up and hit an assistant city clerk in the arm. The alleged confrontation took place at City Hall on Aug. 12, while Hutchens was reviewing public records related to her wrongful arrest by Sandpoint Police last year. Hutchens, who is acting as her own defense counsel in the matter, insists the alleged confrontation was fabricated by city officials and has filed a series of court documents which argue that the documents filed by the prosecution are legally insufficient in numerous technical respects.

Hutchens, 57, repeatedly attempted to challenge the court’s jurisdiction over her during a pretrial hearing last month. Hutchens argued the court lacked jurisdiction because a sworn complaint was never filed.

Judge Debra Heise ruled that the complaint was properly sworn declined the motion, records show.

Bonner County Chief Deputy Prosecutor Shane Greenbank, who’s prosecuting the case on the city’s behalf, later moved for Hutchens to undergo a psychological evaluation.

Greenbank argued in the motion that Hutchens may lack the capacity to assist in her own defense.

“At this time, Defendant is exhibiting unusual behaviors and affects — both in court and in her filings,” Greenbank said in the motion.

Greenbank attempted to serve a hearing notice on Hutchens while she was researching cases at the county clerk’s office on Dec. 13. The next day, Hutchens filed papers alleging that Greenbank was stalking her.

A hearing on the evaluation motion was set for Dec. 17, but Hutchens did not show for it, which resulted in the issuance of the bench warrant.

Hutchens, a quilt artist and author, was arrested by a Sandpoint Police officer in 2011 while being investigated for allegedly stalking a deadbeat tenant in a rental property.

Hutchens refused to speak with the officer about the allegations and was taken to the ground and handcuffed. She was accused of obstructing an officer, but a judge later dismissed the charge because invoking a Fifth Amendment right does not constitute obstruction.

Hutchens filed a $250,000 claim against the city for assault, battery and false arrest. The claim was not honored by the city’s insurer.