Hot Potato Raises Ethical Conflicts

Fremont County Attorney to Prosecute ex-State Democratic Chair

By Gil Brady, 7-27-07

	"Former Wyoming Democratic Party Chairman Mike Gierau," via WYDP stock photo

JACKSON, Wyo. – A local prosecutor has asked Fremont County’s prosecuting attorney to assume the case of former Wyoming Democratic Party chairman Mike Gierau who allegedly drove under the influence of alcohol in March.

Teton County Prosecuting Attorney Steve Weichman, a Republican, said last week that when Gierau was a local county commissioner he recommended Weichman for his current post. Weichman, since reelected, was appointed after current 9th Circuit Judge Timothy C. Day left his old job as county prosecuting attorney for private practice in 1996.

“If the resolution of (Gierau’s) case is perceived to be a sweetheart deal,” Weichman said recently, “there would be at least the appearance that I owed him.”

On March 31, Gierau, 48, of Jackson was arrested for what could be his third offense since 1987 of driving under the influence of alcohol.

Charging documents allege Gierau’s blood-alcohol content was .15 — nearly twice the legal limit of .08 — when a Teton County deputy stopped him on State Highway 22 for failing to slow down as he passed another deputy making a traffic stop. Gierau was reportedly driving the posted speed limit of 45 m.p.h.

State law requires drivers passing emergency vehicles to reduce their speed by 20 mph.

Court records show that during a field sobriety test, the deputy noted that Gierau’s eyes were red and watery, his speech slowed and he struggled to keep his balance.

Gierau admitted consuming “a couple of vodka drinks” at Teton Village before he got behind the wheel, court documents say. He was arrested without incident, booked into the Teton County Jail in Jackson and released the following day.

The ex-state Democratic Party leader was first convicted of drunken driving in 1987, and again in 1998, according to the Jackson Hole News & Guide.

He served one day of a 60-day suspended jail sentence for the 1998 arrest, which occurred in Grand Teton National Park. He also paid a $750 fine, participated in a class on drinking and took part in a DUI impact panel, the News & Guide reported.

Gierau had served as state Democratic Party chairman since 2003 and state party vice chairman before that. He is a former member of the Jackson Town Council and the Teton County Commission.

In 2004, he lost a race against Rep. Keith Gingery, R-Jackson/Dubois, to represent House District 23 in the Legislature.

Currently, Gierau owns and operates Jedediah’s House of Sourdough in Jackson.

Dr. John Millin defeated Gierau during a Democratic Party Central Committee meeting in April. Millin reportedly received 54 votes to 22 for Gierau to become the new state Democratic Party chairman.

Following his latest DUI charge, leading Wyoming Democrats expressed support and gratitude for Gierau — crediting his accomplishments in raising awareness of the state party and getting the national committee chairman, Howard Dean, to invest in Republican stronghold states like Wyoming.

Before the recent change in prosecution, records show that a number of court dates for Gierau were continued because of his participation in an extended alcohol treatment program.

Weichman added that he had another potential conflict of interest with the former county commissioner who did not seek reelection in 2006.

“At a time when I was the lowest paid lawyer in this office, (Gierau) voted against raising my salary to the state legislature’s established salary cap for county attorneys.”

Weichman said he also wished to avoid the perception that any prosecution of Gierau by his office was inspired by malice or vengeance for denying his salary increase.

Teton County commissioners have passed a resolution approving Weichman’s request for a change in prosecutors.

State law mandates stiffer penalties for subsequent DUI convictions if they happen within a five-year time period. If convicted, Gierau faces six months in jail, a $750 fine and a substance abuse assessment.

Gierau’s next court date, an “announcement call,” is scheduled for Aug. 7th in 9th Circuit Court at 9 a.m.

During “announcement calls” lawyers from both sides hash out conflicts and remaining issues before trial. Day, who has remained on the case, is not expected to preside.

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