Warrant issued for Hopi judge

By Kathy Helms
Staff Writer

KEAMS CANYON — Hopi Judge Leslie Delfred was left no choice Monday but to issue a bench warrant for Hopi Chief Judge Gary LaRance after he failed to appear in court for arraignment.

LaRance was jailed Saturday afternoon following an altercation at the Hopi High School Softball Field during a girls game between the Hopi Bruins and the Window Rock Scouts.

Bureau of Indian Affairs-Hopi Chief of Police Alfonso Sakeva said LaRance was brought in around 3 p.m. Saturday and released at approximately 11 p.m. after being charged with disorderly conduct and assault and battery.

Sakeva said inmates are not normally released if they have been charged with assault and battery. Protocol is that a person charged with intoxication can be released after eight hours on their own recognizance. In cases involving charges of DUI or assault, inmates usually are held until they go before the judge.

In Judge LaRance's case, he was released on his own recognizance at the request of Chief Prosecutor Dorma Sahneyah, who reportedly called Deputy Prosecutor Jeff Porturica and told him to make the OR request.

According to the criminal complaint, LaRance engaged in a confrontation with another man at the ball game. Sources said the man made a derogatory remark about the pitcher, who happened to be the judge's daughter, and the judge took exception to the remark.

The judge went to talk to the man, after which, according to the complaint, yelling and a physical fight ensued, causing both teams to lose concentration and spectators to have to break up the confrontation. This netted the judge a disorderly conduct charge.

The assault and battery charge resulted after the judge grabbed hold of the man from behind as he sat on the top bleacher, "pulling him backward with such force" that the man ended up hanging onto the bleacher by his feet to keep from being pulled off, according to the complaint.

The man also was struck on the right cheek by LaRance, the complaint states.

During Monday's hearing, Judge Delfred carefully instructed a roomful of prisoners on the procedures of sentencing. In some instances, he said, they could be OR'd "if it's not a violent offense." He also told them, "If you don't show up for your hearing, a bench warrant will be issued."

In the case of LaRance, Judge Delfred said he had received a motion to continue the arraignment. The request, which was stamped promptly at 10 a.m., when court usually begins, was signed by Judge LaRance.

LaRance requested the arraignment be continued because he was to attend a meeting of the Juvenile-Adult Detention Steering Committee in Phoenix and would be attending another meeting on Tuesday with the White Mountain Apache Tribe. He said the meetings were scheduled before his arrest.

"I am requesting additional time (14 days) to hire an attorney to represent me in this criminal matter before I enter a plea to the charge," LaRance said.

"All judges of the Hopi Trial Court are disqualified from presiding over this criminal case, therefore, arraignment proceedings cannot be held until such time as a judge pro tem is appointed to hear the case," he said.

The motion indicated that it was signed Monday, April 16; however, Deputy Prosecutor Porturica requested a warrant for the judge's arrest.

"I have information he has just resigned as chief judge," Porturica said; however, that report was unconfirmed.

Judge Delfred said the OR request stated, "I agree that if released, I will appear in court April 16, 2007." He added that the motion for continuance was filed prior to his hearing the case.

Porturica argued that a request for continuance generally is not granted until after the hearing. "He needs to follow the rules just like everybody else."

Judge Delfred agreed that LaRance was released Sunday, knowing he was to be in court Monday morning. "Instead, he opted to go to Phoenix," Delfred said and ordered a bench warrant to be issued.

After asking Porturica for his recommendation, Judge Delfred set bond at $2,500 on the assault-and-battery charge and $500 on the disorderly conduct charge.

"He created a history by not being here today," Porturica said. John Pohlelah, a court advocate, said, "There was a request filed at 10 a.m. How could this be filed this morning at 10 a.m. when he was scheduled to go before the judge, and the word came in that he was down in Phoenix?"

"He knows that he's going to be filing his continuance for arraignment this morning. He knows he's going to have arraignment. Why did he have to leave for Phoenix? Knowing that he committed this crime, why did he want to tag along to this meeting?

"Just because he's a chief judge, I still feel like he should be treated like everybody else. The court always considers assault and battery and domestic violence serious. It's a felony. And yet, why are they getting him out on OR?"