Court: State's prosecution of man was vindictive

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Story Published: Sep 6, 2010 at 4:00 AM MST

Story Updated: Sep 6, 2010 at 4:00 AM MST

HELENA, Mont. (AP) — The Montana Supreme Court has ruled that state prosecutors acted vindictively when they increased a charge against a man who refused to accept a plea deal.

Frank Knowles was arrested in 2008 on accusations that he beat his adopted children.

His first trial was declared a mistrial. Prosecutors offered Knowles a plea deal and told him that if he didn't take it, they would charge him with felony assault with a weapon.

That carries a prison sentence four times longer than the original charge, assault of a minor.

Knowles refused and was convicted of the harsher charge.

State prosecutors say they have the discretion to change the charge.

But the Supreme Court says the state was unable to provide any rationale for the change.

The court ordered a new trial for Knowles.

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