
It’s really funny to me, for reasons I’m legally forbidden from discussing, that Judge Vannatta thinks 10 years is enough elapsed time to declare Ryan Funke’s little Brady problem a big old NOTHINGBURGER. What comes next, Judge Vannatta, do you open wide so Ryan Funke can give you a taste of his meat?
After three years of litigation, a judge has ruled that 10-year-old allegations of inconsistent reports by current Mineral County Sheriff Ryan Funke don’t constitute Brady material and don’t need to be provided to defendants in criminal cases.
The Mineral County Attorney’s Office, representing the Mineral County commissioners, has argued that inconsistencies in Funke’s reports when he served as a deputy in Lake County constituted Brady material, meaning the office would have to provide this material to the defense in cases where Funke’s testimony or reports were used. Judge Shane Vannatta ruled from the bench on Wednesday in favor of Funke and his attorney Paul Leisher, who argued that these inconsistencies were standard minor mistakes.
“I think it’s a nothingburger,” Vannatta said, borrowing the verbiage of Mineral County Attorney-elect Roy Miller, who took the stand during Wednesday’s evidentiary hearing.
If this was such a “nothingburger,” why did it take THREE YEARS for judge Vannatta to reach this conclusion? Was he too busy protecting the rights of bathrooms across Montana?
When it comes to bathrooms, Judge Vannatta was forced to recuse himself because he was caught with his bias showing. I find this judicial fact from last October to be VERY interesting and relevant to the argument of bias I will be making in my own cases.
Missoula County District Court Judge Shane Vannatta recused himself from hearing a lawsuit over a bill that says there are only two sexes, but he noted the “facts” in a move to disqualify him are “exceedingly thin.”
In a Sept. 25 court filing, Vannatta said he would withdraw from jurisdiction of the case “in the interest of preserving the public’s confidence in the impartiality of the judiciary.”
In August, Attorney General Austin Knudsen and the Department of Justice filed a motion to “disqualify for cause” and alleged bias.
…
The state pointed to a news article Vannatta posted on social media before he was a judge and a couple of groups he follows on Instagram as evidence he should not oversee the lawsuit.
Vannatta took office in 2019 as the youngest judge in the district and first openly gay judge to serve in Montana, the Missoulian reported.

The critical question of whether or not the burger was a somethingburger or a nothingburger hinged on the whoopsie of Ryan Funke not Mirandizing someone, then saying he did–an act commonly referred to as LYING. When done under oath, this inability to be truthful is known as PERJURY. Call me crazy, but I don’t think is a desirable trait for a Sheriff to have. Good thing Funke has Vannatta to protect him!
The allegations against Funke were that he’d failed to Mirandize some suspects and then reported he had done so in some reports, and that he’d made a false statement about an attempt to stop a suspect vehicle in an application for a search warrant.
“I don’t think it results in something that makes Sheriff Funke unreliable or not credible,” Vannatta said in his decision.
The judge’s ability to provide objective metrics regarding what constitutes reliability and credibility took a big hit, in my humble estimation, when I continued reading the recusal article and discovered how much Shane Vannatta is “fascinated” by TIME magazine’s gender science content. I guess maybe the judge should think a little harder about perceptions of bias before promoting CIA/TIME propaganda.
In his response, the judge outlined the standards for disqualification and the Montana Code of Judicial Conduct.
A disqualifying circumstance includes statements made “while a judge,” the response said. It also pointed to court guidance that said “schemes to drive a judge out of a case should not be allowed.”
The judge said the only “extrajudicial statement” the state cited is his characterization on social media of a 2017 TIME Magazine article as “fascinating” — a comment he said is “neutral on its face” and was posted two years before he became a judge and six years before the current case.
The TIME story was called “Gender Laws Are at Odds with Science.” In its motion, the state alleged Vannatta showed bias because he posted content that noted “the legal recognition of only two biological sexes is ‘incongruous with science.’”
Personally, I think being told what I can and cannot rhyme about is incongruous with the FIRST AMENDMENT, but I didn’t go to law school, nor can I afford someone who did, which means I’ll have to just keep learning the hard way.
One of the things I’ve been hearing about myself (sometimes in sworn testimony) is that I’m delusional. I’m sure my co-workers thought I was delusional last June when I plainly stated I was going to campus to troll the CIA, showing off my copy of Hog’s Exit.

A book that describes the CIA’s interest in Missoula Smokejumpers like this:

And written by Gayle Morrison, who I met last June after meeting one of these “Kickers” on campus.

The University of Montana–a “humanities” college no longer interested in literature’s influence–is where I refined my poetry skills. Those skills earned me an aggressive visit from Gwen Jones, which she later regretted, since, in America, you should be able to publish a poem in a newspaper about sidewalk policies WITHOUT your employer’s City Councilor/Board Member verbally assaulting you on paid work time, an act Jones was forced to apologize in writing for.
If you’d like to see the video version of my poem from 2018, which includes footage of Lee Nelson before he was bludgeoned to death by a magic bat that causes sharp wounds AND blunt-force trauma ones (according to Baker-Bosch), then here it is:
And, for my First Amendment censors, here’s the lyrics of the poem-song I hope to publish over the weekend without being criminally charged:

For those unaware that Sheriffs are politically elected, the decision by Vannatta THREE YEARS in the making on the Brady issue is actually the SECOND time he’s appeared to put his judicial thumb on the scales for Mineral County, something I wrote about and followed closely in my “Writ of Mandamus” coverage.
If I was Funke’s political adversary, like Ben Banks is this cycle, I’d be watching what happens to a citizen journalist like me VERY closely, since Funke is ALSO the badge who was first on-scene to control the story around Rebekah Barsotti’s death, as told by Rebekah’s mother here:

Rebekah’s death is just one of many I’m suspicious of (I’ll note her name was recently referenced at a Mineral County Commissioner meeting by Funke himself), but how I’ve been dealt by local authorities regarding these suspicions is becoming so extreme, I think it’s important for me to note I’m not at all suicidal, nor even in possession of anything that would trigger a lethal venting of my skull.
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