Lozeau arraignment postponed to June 25
Berl Tiskus
Harry Lozeau, left, and attorney Ashley Morigeau listen as Judge Deborah Kim Christopher transfers Lozeau’s case to Judge Jim Manley’s court.
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POLSON — Harry Lozeau, 53, made his first appearance in district court Thursday, June 19 in the alleged homicide death of his brother, Terry Lozeau, 51.
After Judge Deborah Kim Christopher appointed the Public Defender’s Office as Harry’s attorney, Public Defender Ashley Morigeau told Christopher that Harry had previously been seen in Christopher’s court. Christopher replied that she knew Harry had been involved in the American Civil Liberties Union class action suit filed against Lake County in June of 1995, but she did not remember other cases.
Christopher recused herself and transferred Harry’s arraignment to Judge James Manley’s docket for June 25.
Harry was the subject of a manhunt last week after law enforcement responded to the call of a homicide on Hammer Dam Road on Saturday, June 14 around 4 p.m. Terry was found dead at Harry’s residence and transported to the Montana Crime Lab.
Twenty to 30 law enforcement units searched the area for Harry and found his car in a mountainous area east of Ronan Monday morning, June 16. After responding to a tip on Tuesday evening, June 17, Harry was arrested without incident at his home.
Harry was one of five defendants represented by the American Civil Liberties Union in a 1995 lawsuit against three Lake County commissioners and former Sheriff Joe Geldrich. The suit alleged prisoner rights violations.
In 1996 a federal court ruled in favor of Harry and his co-defendants.
The county was ordered to provide adequate space for prisoners in their cells. Inmates could not be locked in cells for more than 10 hours under the federal order. Services for exercise and religious practice had to be provided under the suit. Medical and health care services were also to be provided for.
The county was ordered to complete the changes to the jail by 1998, but in 1997 the defendants filed a contempt of court order alleging the county had not complied.
The defendants eventually settled out of court and voided the federal court’s order. Court costs were later awarded to Harry and his co-defendants.
