Wrongful Conviction Lawsuit

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By Kyle Midura

Story Published: Nov 19, 2009 at 8:22 PM MDT

Story Updated: Nov 20, 2009 at 11:02 AM MDT

BILLINGS - A federal appeals court rules that Yellowstone County is not responsible for any costs related to the wrongful conviction of a former Billings man.

Jimmy Ray Bromgard was convicted of rape in 1987, 15 years later DNA evidence proved his innocence. He sued the state for violating his rights, and settled for $3.2 million dollars.

He also sued Yellowstone County, but the district court held that the county was not responsible for his defense. The Ninth Circuit Court of Appeals recently upheld that ruling.

"Nobody was disagreeing that Mr. Bromgard was wrongfully imprisoned, but the responsibility for that would belong to the state of Montana," said Yellowstone County Attorney Dennis Paxinos, "It's the state's responsibility to provide counsel not individual counties."

Bromgard's attorney said they'll consider their remaining legal options over the next several weeks.

Saturday, Nov 21 at 8:10 AM steelman wrote ...

i see yellowstone county is trying to pass the buck, they screwed this guys life up, they need to own up to it. i hope he gets 3.2 mill from county and state.

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