Lawsuit filed against Hill County attorney

Martha Hernandez of Havre filed a lawsuit Friday against Hill County on grounds of gross incompetence by the county attorney.

The complaint file says County Attorney Jessica Cole-Hodgkinson’s “negligence” and “unpreparedness” was the reason assault charges against Hernandez’ former boyfriend, Eric James Hawley, were dismissed.

Cole-Hodgkinson failed to properly subpoena and contact available and willing witnesses to the crime, the complaint says.

The alleged assailant “violently attacked” Hernandez, files say, and her two sons, 13 and 16, were witnesses. The younger son called 911 at the time, and Hernandez has said that both boys were ready to testify during a jury trial scheduled for Feb. 28.

Hernandez had been ready to testify since the attack, and by Feb. 23, she still had not been told the date and time of the trial, the complaint says.

During a phone conversation Feb. 23, Cole-Hodgkinson told Hernandez she didn’t expect to go to trial, but she instead anticipated Hawley to accept a plea deal, the complaint says. When Hernandez asked the county attorney what was in the plea deal, Cole-Hodgkinson said “she couldn’t locate the plea deal at the moment due to amount of paperwork on her desk,” the complaint says.

In an interview with Havre Daily Feb. 24, Cole-Hodgkinson brought up the Hawley case and the trial, and she also spoke on other things related to partner family member assaults and invited coverage of the trial.

One day before the scheduled trial, Feb. 27, the complaint says, District Judge Daniel Boucher did not grant Hawley’s motion to continue the trial to another day, prompting Cole-Hodgkinson to try and contact Hernandez by phone and in person at her residence.

“However, no attempt was made to contact Ms. Hernandez at her place of work (of which she has been employed for the last six years) or through an alternate contact number provided by Ms. Hernandez to (Cole-Hodgkinson),” the complaint says.

Cole-Hodgkinson has said she had a member of her staff contact a victim advocate worker at District 4 Human Resources Development Council to try and help find Hernandez at work, but there was confusion about her official name and the name Hernandez goes by, Mimi. She declined to comment on whether she called the alternate number herself but has said before that she never prohibited anyone from her staff from doing so.

A Montana State Prison public information officer has said Hawley, who has been convicted three times on felonies and twice on misdemeanors, is set for release Sunday.

His release, Hernandez said, scares her.

“I’m really afraid of him. I am,” she said March 3.

The argument that led to the assault, Hernandez said, started because she wanted to go to a birthday party. Court charging documents say Hawley yelled at Hernandez for not paying enough attention to him before attacking her.

“I want him to get what he deserves,” she said.

Cole-Hodgkinson, who took over as county attorney Nov. 25 after Gina Dahl left the office in the middle of her term, has been implicated in multiple instances as of late.

A court document says a case against Dane Robert Jacobson was dismissed March 9 by Justice of the Peace Judge Audrey Barger because the state, representated by Cole-Hodgkinson’s office, did not appear for the trial.

Farrah McConnell said Tuesday she plans on filing a lawsuit against the county as well.

McConnell said she had talked to Cole-Hodgkinson about dismissing the charges against her husband, but she wasn’t allowed. Her husband, Robert McConnell, received five years probation for felony partner or family member assault Monday in District Court.

Farrah McConnell said she told the county attorney she was high on methamphetamine when she alerted the police and wanted to stop her husband from keeping her from getting drugs.

“He’s the victim in this, not me,” McConnell said, adding that her husband said he will go through counseling with her to try to overcome her drug problem.

She said Cole-Hodgkinson treated her like “trash” and threatened to throw her in jail and still “throw the book at her husband.” Cole-Hodgkinson also accused her of forcing another victim to recant, which McConnell said she did not do.

McConnell said Cole-Hodgkinsons’ treatment of her put her into hysterics.

Cole-Hodgkinson also threatened to charge McConnell’s daughter with perjury and false reports to law enforcement if she insisted on retracting the charges against her husband, McConnell added.

McConnell said Cole-Hodgkinson said she would put her in jail, press all charges she could against her husband and press charges against her daughter.

Robert McConnell said he was pressured into pleading guilty under the agreement with threats about pressing all charges and trying for heavy sentences.

“They were trying to hit me with everything at once,” he said.

Cole-Hodgkinson declined comment on questions regarding Hawley, Farrah McConnell or the recent lawsuit.