Sex dating in turner montana

Cook testified that the seven-year passage of time between his representation of Turner and the evidentiary hearing had much to do with his faulty memory.Cook, however, testified that, in all likelihood, he would have met with Turner prior to his initial appearance in district court on December 16, 1987; at least once prior to arraignment on February 12, 1988; prior to the omnibus hearing on March 1, 1988; and at least once prior to the change of plea hearing on April 12, 1988.As a result of his investigation, Cook concluded that the State had a strong factual case against Turner.Cook believed that the evidence would support a conviction of deliberate homicide.¶ 11 Cook considered the possibility of offering a mitigated homicide defense.He identified Turner's age, personal history, and alcohol consumption as mitigating factors to present to the jury, even though intoxication was not a defense under Montana law.¶ 12 Cook testified that he showed Turner the statutes on mitigated deliberate homicide and discussed with him the possibility of pursuing that defense at trial.Cook testified that “we went through all of that on more than one occasion,” and that he explained to Turner the elements of mitigated deliberate homicide, “line item by line item.” “We talked about using his whole history at trial, and trying to use that as an explanation for what happened, which might get a lesser charge.” Cook also explained to Turner that they could use information contained in the mental health evaluation preformed at Warm Springs as evidence in mitigation.

When Turner left them to go downstairs, the boys ran from the house.Cook also represented to the court, at the guilty plea hearing, that “after our initial conference, I believe at almost every conference thereafter, [Turner] has requested that I allow him to enter a guilty plea.” At the sentencing hearing, Cook mentioned this fact again: Doug has, from, I believe, the second meeting with me, almost insisted on pleading guilty to the charges. He does have, in his present state of mind, some empathy for the Brooks family and his family.It was never his intention to cause them to feel the hurt a second or third time. And I think his entry of a plea of guilty was an effort to do that, however little it was, in view of what happened.¶ 9 In light of this record, the District Court found Turner's testimony not creditable at the postconviction hearing, that he never told Cook he wanted to plead guilty.Cook did not keep time records because he was a salaried public defender.Further, he does not recall exactly when those meetings took place.

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