Former Montana speaker of the house awarded public defender

State District Judge Daniel Boucher ruled Wednesday that a former speaker of the Montana House of Representatives and Havre landlord qualified for a public defender

Public defender Paul Neal told Boucher that Robert J. Bergren Sr., who is accused of drunkenly threatening one of his former tenants with a shotgun Aug. 28, does not have enough money to hire an attorney.

"His disposable income is insufficient," Neal said.

Bergren, 52, is accused of felony assault with a weapon and he testified that the $2,100 retirement income he receives is not enough to pay bills and hire an attorney.

Regional Deputy Public Defender Kaydee Snipes Ruiz argued that, according to Montana code based on federal parameters, Bergren does not qualify for a public defender. Ruiz said the line, which is based on 133 percent of the federal poverty line, is  $1,317, well under what Bergren said on his application that he receives monthly.

Ruiz added there was reason to believe Bergren has additional sources of income, such as rental property.

Criminal Investigator Brian Hulme from Great Falls testified that an investigation through the online investigative platform CLEAR indicated Bergren's name may be attached to two properties, one worth about $300,000, the other in excess of $130,000. Hulme said there is no information that showed the amount of income Bergren might be receiving from any of the properties, but there was reason to believe Bergren was receiving rental money.

When he was cross-examined by Neal, Hulme said he could not testify that the CLEAR search was 100 percent accurate, but said it is widely used and trusted by those in his profession. He said it was possible that a tenant or tenants, might not be paying rent.

After Hulme's testimony, Neal called Bergren to the stand. Before that, he said the defendant would not be testifying.

Bergren said he has one rental property, and it's attached to the home in which he's living. He said he doesn't own any properties outside of Hill County, but that it's possible his ex-wife, whose name may be attached to other properties, does and that's what Hulme might be seeing.

Bergren said that he could sell the Havre property, but then he'd have nowhere to live and it wouldn't be feasible to get a loan for an attorney and find a place to live.

Under cross-examination by Ruiz, Bergren said he received an $800 rental payment, for the first time, at the beginning of this month, increasing his income to $2,900.

Neal argued that by the time Bergren pays his mortgage and other payments, as well as things like gas and food, Bergren would not have enough disposable income to hire an attorney, even with the additional $800 just brought up.

"It doesn't make any sense to ask someone to sell their property to hire an attorney," Neal said.

Boucher ruled in favor of the defendant, saying Bergren's disposable income is insufficient to retain counsel.

Boucher reminded Bergren that he needs to keep the Office of Public Defender updated on all his finances.