Missoula Judge Robert L "Dusty" Deschamps

Embezzlement Conviction Overturned Due to Lack of Fair Trial, The Honorable Judge Robert L. “Dusty” Deschamps

The Montana Supreme Court on Tuesday reversed a Missoula woman’s two embezzlement convictions based on a few key factors, among them a state prosecutor’s concession she is entitled to a new trial.

Linda Faye Harris, 61, will also appear before a new judge following Tuesday’s order. In her appeal, Harris argued the judge presiding over her case showed bias when he was open about both prematurely considering her guilty and surmising women to be more often guilty of embezzlement than men.

“It’s women that commit this crime most of the time,” District Judge Robert “Dusty” Deschamps III said, according to the transcripts from the January 2018 sentencing hearing included in court filings. “And they commit it big time. And it seems like once they start doing it, they just keep coming back. And she’s evidence of that pattern.”

Harris was convicted in a bench trial in 2017 on two counts of felony theft by embezzlement for taking $9,493 from Gentle Dental and $24,890 from Northwest Denture Center.

Harris initially pleaded no contest to both charges. After hearing evidence presented at a restitution hearing, however, Deschamps asked Harris if she’d like to withdraw the pleas and challenge the charges at trial. She agreed, and Deschamps set the case for a bench trial.

Supreme Court Justices noted in their order, filed on Feb. 25, that Deschamps never asked Harris if she was waiving her right to a jury trial. Additionally, he had declined prosecutors’ attempts to reintroduce evidence heard at the earlier restitution hearing, instead deciding to refer back to the testimony from the restitution hearing, justices wrote. Based on that testimony, Deschamps told Harris he was already mulling a guilty verdict on one count before the bench trial had concluded.

When Deschamps convicted Harris on both counts, sentencing her to 20 years in state prison with 15 years suspended, he set the sentence to run consecutively with a previous sentence for an earlier embezzlement, a $180,000 theft for which she was serving a suspended sentence when the new charges came along.

Harris’ attorneys argued in her appeal that Deschamps had imposed an illegal sentence because it was based, at least in part, on her gender. According to court filings that include parts of the transcript from Harris’ sentencing hearing, Deschamps had deemed embezzlement charges to be “women’s crimes.”

“… And I just think prison authorities and the Department of Corrections need to take that into consideration when releasing these people on parole. They’re serial offenders.”

Harris’ attorneys argued in their August 1, 2019, opening brief that Deschamps’ statements warranted at least a new sentencing before a different judge.

Assistant Attorney General Brad Fjeldheim conceded in a Feb. 20 filing that Harris is entitled to a new trial before a new judge because she had not waived her right to a jury trial. Additionally, Fjeldheim wrote, Deschamps should not have relied on testimony from the restitution hearing during Harris’ bench trial.

Missoula’s Honorable Judge, Robert L. “Dusty” Deschamps and A Little Girl’s Picture Book Story.

A Missoula MT man, Craig Gibson, sexually assaulted a five year old girl on numerous occasions in 2013.

April 7, 2015, The Honorable Judge Robert L. “Dusty” Deschamps sentenced Craig Gibson to twenty years with the Montana Department of Corrections, with all but five years suspended. Judge Deschamps recommended Gibson be placed in the community of Missoula while he is under DOC supervision. No prison time, he just has to pay for the child’s counseling. Montana Code Annotated 46-18-222(6) allows the judge to make this determination.

 “One of the things is he’s almost claiming to be the innocent victim of circumstance,” Deschamps added, asking Dr. Michael Scolatti, who conducted Gibson’s psycho-sexual evaluation, if he believed the defendant had accepted responsibility for his actions.
“I don't think he is accepting full responsibility, and I do think he is minimizing,” Scolatti said. “I think he facilitated this and encouraged this. That's bothersome to me.”

Craig Gibson is a pedophile that sexually assaulted a five year old girl on numerous occasion. He also has a facebook page with pictures of him posing with a young girl. I have intentionally cropped the child’s face from the pictures.

Judge Deschamps did not order the removal of these pictures from Gibson’s facebook. Gibson’s probation officer did not order him to remove these pictures from his facebook.

 Gibson’s attorney, Pat Sandefur, argued the defendant was ashamed and embarrassed by the incident and had a difficult time expressing his guilt to the psychologist during the evaluation.

He also said the defendant has no previous felonies and has had no contact with the child since he posted bail in September of 2013. He’s been gainfully employed for four years, and will be able to pay for the girl’s counseling for the remainder of his life.

Pay for the girl’s counseling for the remainder of his life? What about the remainder of her life? What happens to this child’s mental health when she finds this facebook page with Gibson cuddled up to a little girl during the time he was sexually assaulting her, the victim? She will find out there is no justice from Judge Robert L. “Dusty” Deschamps.

These are not my pictures. For decency sake I have cropped the child’s face from the pictures. These pictures are online for all to see on Craig Gibson’s facebook page. The judicial system has failed the children of Missoula by not protecting them from a pedophile that posts pictures of children on his facebook page. Gibson need only visit his facebook page to meet his sick psychological needs. Judge Deschamps and the Department of Corrections have failed all the children of Missoula and Montana.

Missoula, are these your values? You need to hold the Department of Corrections accountable and you need to replace Judge Deschamps. No pedophile should be allowed to post pictures of children online and not be ordered by the judge or their supervising probation officer to remove the online pictures. Stand up Missoula and protect your children. Don’t leave it to Judge Deschamps to protect your children because he has failed in his obligation to the children.

Missoula MT Judge, Robert L. “Dusty” Deschamps, Improper Influence In Official and Political Matters

MCA 45-7-102(a)(iv)…or other communication designed to influence the outcome on the basis of considerations other than those authorized by law.

The Deschamps family has been in the Missoula Valley for 145 years, nine generations. The family lines are way too many to delineate here. Suffice it to say, David Deschamps is related to Judge Robert L “Dusty” Deschamps. David Deschamps decided he wanted to sell life and disability insurance. The only problem being he has a felony conviction for bad check writing. He was sentenced to five years with the Department of Corrections with 2 years suspended. There was another warrant out for bad checks after the sentence was pronounced.

David Deschamps took and successfully passed his life producer exam.  He then took and passed his health producer exam.  (An insurance producer is a general term applied to anyone who engages in the sale of insurance products.  Producers must be licensed by the state in which they wish to sell insurance). David Deschamps then made application to the Montana State Auditor and Commissioner of Insurance for a resident, individual (life and disability) producer exam.  David marked "no" in response to question 10 of his application asking whether had "ever" been convicted of a felony.  David's application was rejected due to a criminal history check and he requested a contested case hearing.  During the hearing, Deschamps admitted that, although he knew he had a felony bad check conviction, he represented that he had never been convicted of a felony in his application for an individual producer license.  He said he did not believe his criminal conviction would show up on his criminal history check.  Deschamps testified that the reason he wrote bad checks, for which he was convicted, was that he ran out of money in his trust account and just kept spending.  Deschamps testified that he was currently experiencing financial bind and financial strain.  He really needed this insurance license.  I don't see what could go wrong here. Deschamps lying on an application in relation to handling another's money in a fiduciary way.  What could go wrong?

David Deschamps’ application for individual producer license is denied for having attempted to obtain the license through misrepresentation or fraud including, but not limited to, providing incorrect, misleading, incomplete, or materially untrue information by failing to disclose his felony conviction. Fourth Judicial District Judge, Robert L “Dusty” Deschamps, on behalf of Respondent David Deschamps, states that it was some sort of naivety by David and requests consideration of the Insurance Commissioner of excusing David’s mistakes.

Judge Deschamps, using his influence as a District Court Judge, requests the Montana Insurance Commission to disregard MCA 33-1-311, 33-1-311(3), 33-1-311(2), 33-1-102(1), 33-17-201, 33-17-102(9), 33-17-1001(b), 37-1-203, 33-17-1001(1)(b).

David Deschamps blows through his trust account, gets hit with a felony charge because he can’t quit spending, is in a financial bind, and lies on his application. Judge Deschamps requests considerations other than those authorized by law and requests the Insurance Commissioner to disregard Montana laws based on David’s naivety. Judge Deschamps asks the State to give David a license to be in a fiduciary position to accept money for insurance from unsuspecting citizens of Montana. Every defendant appearing before Judge Deschamps should use the defense of “naivety”. Judge Deschamps has set the standard for the defense.

IMPROPER INFLUENCE IN OFFICIAL AND POLITICAL MATTERS:
MCA 45-7-102(a)(iv)…or other communication designed to influence the outcome on the basis of considerations other than those authorized by law.

David Deschamps’ felony conviction for writing a bad check is a crime involving financial dishonesty and bears a close relationship to the occupation of an insurance producer, who is required to handle clients money and make truthful and accurate representations to the client. The offense underlying the conviction relates to the public health, welfare and safety as it applies to the licensure of transacting life, disability and health insurance with consumers.

Judge Robert L. “Dusty” Deschamps is guilty of the offense of IMPROPER INFLUENCE IN OFFICIAL AND POLITICAL MATTERS as defined in Montana Code Annotated 45-7-102(a)(iv). Missoula, is this what you really want?