TM4 – “Gallagher Hearing” – Kent Hovind v. Robert Baty

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Originally Posted January 19, 2024

by Robert Baty

The Montana 4 (TM4) were arrested on November 12, 2022 in Madison County Montana after they assaulted a man (Brad Terrell), with weapons, on the side of Highway 287 at the intersection with Cameron Drive.

They quickly hired the legal dream team of Roger Roots and John M. Pierce to represent all of them, who signed waivers of their rights to conflict free counsel. After about 9 months, Roger Roots and John M. Pierce asked to be removed from the cases and were granted their request. It appears The Montana 4 did not want to pay them for further representation nor accept plea deals which they recommended be accepted as an alternative.

Rather than hire new, private counsel, The Montana 4 accepted, tentatively, public defenders and 4 were appointed to represent the 4 independently, though it appears they may be tried together.

It has been rumored that, as with the original legal dream team, relations were not going so well with the public defenders. A few days ago, Carter Phillips’ public defender, Samuel Martin III, requested a hearing and one was quickly scheduled for January 19, 2024. It was broadcast via ZOOM, and I was able to tune in. Turns out it was a “Gallagher Hearing”. For information regarding what that is about, see the Gallagher case at:

https://caselaw.findlaw.com/court/mt-supreme-court/1270078.html

It seems Carter Phillips, possibly as a surrogate for Jesse Boyd, the leader of The Montana 4, was not getting along so well with his public defender and is trying to claim Mr. Martin was “sowing discord” amongst The Montana 4. So, Carter was trying to get a new lawyer assigned.

Judge Berger didn’t fall for the ruse and explained to Carter Phillips how things work in the real world and judicial proceedings. Judge Berger indicated Carter Phillips had plenty of time to learn how to get along with his public defender and how things work; the trial, he said, would not be scheduled for a least 2 months.

As far as I know, The Montana 4, Jesse Boyd, the leader, in particular, has yet to publicly address the above matter. If he ever does, it should be quite interesting and likely represent another attack by Jesse on our judicial system and Montana officials in particular, as well as the public defenders assigned to The Montana 4.

Update February 28, 2024

Carter Phillips, via his public defender, has now filed a motion in limine for clarification. No idea what that is all about. Maybe we’ll find out. Maybe not.