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Man on the run loses court appeal

Jesse Davis Daily Inter Lake | Hagadone News Network | UPDATED 11 years, 6 months AGO
by Jesse Davis Daily Inter Lake
| July 22, 2013 6:00 AM

The Montana Supreme Court has denied the appeal of a Libby man who has since absconded from probation just seven months into his suspended sentence.

Harry Paul Mottsman, as he is known to the Montana Department of Corrections, filed the appeal Jan. 24 this year after being sentenced July 5, 2012, to five years of probation for felony theft. Mottsman, 57, claimed the Flathead District Court imposed an illegal condition by ordering him to take care of his three remaining active warrants.

The warrants are for crimes similar to his local crime — one for felony check forgery in Littleton, N.H., one for forging checks in Vermont, and one for larceny in Allegheny County, Penn.

However, Mottsman claimed the requirement was illegal under extradition law, despite the fact that no extradition was considered or ordered by the court. In addition, Mottsman agreed to all the conditions of his sentence — including taking care of the warrants — on the record in court during his sentencing.

“Mottsman not only failed to object to the disputed condition in the District Court proceedings, he specifically agreed on the record to the sentence and its conditions, with some exceptions not relevant here,” Chief Justice Mike McGrath wrote in a July 9 decision that was less than two pages long.

He also discussed Mottsman’s argument regarding the extradition clause.

“The statutory provisions on extradition that Mottsman relies upon for his argument are not applicable to his case,” McGrath wrote. “No other state is seeking Mottsman’s extradition, and he agreed to be responsible for resolving the charges outstanding against him in other jurisdictions.”

For those reasons, McGrath wrote, Mottsman did not demonstrate that his rights had been infringed.

In fact, Mottsman absconded from his probation less than one month after filing his appeal, with his status changed on Feb. 14.

He had already fled from Flathead County while the case was proceeding, missing two hearings and eventually being apprehended by Moonlighting Bail Bonds in Idaho, where he was already had of a Pennsylvania driver’s license, several bank cards, and even a rental agreement under the name Bart Woods.

Mottsman also has been known as Harold Mattsman, Samuel Alexander Rose, Samuel Haley Rose, Burt Woods, and Dave Griffin, although he claimed at a 2011 hearing that he had legally changed his name to Samuel Haley Rose.


Reporter Jesse Davis may be reached at 758-4441 or by email at jdavis@dailyinterlake.com.

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