Mr. Smiley's lawyer has filed a Motion for Relief. This motion is currently set for hearing at 4:00 PM on Monday June 15, 2009 at the Kootenai County Courthouse, Court Room 8 in front of Judge Mitchell. The Department will appear and resist this motion.
In the motion, Mr. Smiley's lawyer is suggesting that Mr. Smiley will never reveal where he has hidden the Dinars. Therefore, since more jail time will not cause him to reveal the location of the Dinars, he should be let out of jail.
The concept is that jail will coerce Mr. Smiley into producing the Dinars. If the judge decides that Mr. Smiley cannot be coerced by incarceration, continued incarceration then becomes punitive, and at that stage Mr. Smiley is entitled to the various protections provided by the criminal contempt rules.
Incarceration to coerce behavior is civil contempt; incarceration to punish is criminal contempt. Different rules apply to the two types. Civil contempt has fewer protections because the person can get out of jail at will just by obeying the Court's order.
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