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State of Montana v Guill

Case No. DA 09-0048 (MT S.Ct., Mar. 1, 2011)

This is an appeal from the Twentieth Judicial District Court, Sanders County. A jury found Nicole Guill guilty of sexual intercourse without consent, sexual intercourse without consent by accountability, and incest by accountability. The District Court sentenced her to three concurrent terms of 25 years at the Montana Women’s Prison with 10 years suspended. The court also imposed a number of terms and conditions.

Nicole raises two issues on appeal, both of which relate to her sentence:
1. Is the condition requiring her to continue being responsible for the victim’s counseling, treatment, or therapy costs illegal?

2. Is the restriction on contact with her husband illegal and unreasonable?
We reverse and remand as to Issue 1, and affirm as to Issue 2.

BACKGROUND

The circumstances surrounding Nicole’s convictions and sentence are intertwined with the crimes of her husband, Douglas, who was convicted of five counts of sexual misconduct against his daughter, Sarah, during the years 1992 to 2006. We affirmed those convictions in State v. Douglas Guill, 2010 MT 69, 355 Mont. 490, 228 P.3d 1152. Douglas and his previous wife, Candace, have also been to this Court in a prior appeal concerning their divorce. Douglas Guill v. Candace Guill, 2008 MT 279N. As we noted in that decision, this is factually one of the more bizarre cases to reach this Court.

The Honorable Deborah Kim Christopher presided over both Douglas’s criminal trial and Nicole’s criminal trial. After hearing extensive testimony regarding Nicole’s mental health and the history of the relationships in the Guill family, Judge Christopher determined that it was necessary and appropriate to restrict contact between Nicole and Douglas as part of Nicole’s sentence. Specifically, the judge ordered Nicole not to have any contact with Douglas of any sort (even through intermediaries), with one exception: if Nicole’s therapist determines that limited contact for therapeutic purposes would benefit Nicole’s rehabilitation. In imposing this restriction, Judge Christopher cited Nicole’s unhealthy bond with Douglas and the degree of control that he exerted over family members. To fully understand this power dynamic and the extent of Nicole’s devotion to Douglas, it is necessary to describe the relationships in some detail.
 

 

Judge(s): James C. Nelson
Jurisdiction: Montana Supreme Court
Supreme Court Judge(s)
Mike McGrath
Brian Morris
James Nelson
Jim Rice
Michael Wheat

 
Trial Court Judge(s)
Deborah Christopher

 
Appellant Lawyer(s) Appellant Law Firm(s)
Colin Stephens Smith & Stephens PC

 
Appellee Lawyer(s) Appellee Law Firm(s)
Steve Bullock Office of the Montana Attorney General
Daniel Guzynski Office of the Montana Attorney General
Jonathan Krauss Office of the Montana Attorney General
Colleen Magera Office of the Sanders County Attorney

 

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Click the maroon box above for a formatted PDF of the decision.
59 we use a nexus test to determine whether a restriction or condition meets the the encounters lasted anywhere from one to five hours and occurred three to six douglas guill drove cadillac escalades, lived on golden pond and spent want to do this but was afraid to defy douglas. she also stated that she and nicole never and we remand to the district court to correct this illegal provision. heafner, 11. on 40 nicole was called by the defense at douglas's trial. she testified that she had them.' " (this statement is quoted in the letter as something that nicole heard were very quiet and very well-behaved to the point that was--it was very uncomfortable /s/ jim rice business with help from nicole's older brother, rick christensen. "compromise her own internal values and morals in favor of obtaining [such] validation." ruined innocent lives and tore their own families apart. while their "loved when sarah was 20, but she did not report it because she was "too scared." she is "at a high risk for reconnecting in a vulnerable manner with others," and douglas's stated by the attorney general in his brief: him, [nicole] participated in 14 years of rape and sexual assault of she had all the power, she could have made a difference in our lives. she separate restriction on nicole's entire sentence, the court also ordered that douglas's own daughter. in the process, [nicole] and douglas together state must demonstrate that the restriction is narrowly tailored to serve a compelling he perceived nicole's conduct to be the product of free will, phillips said that he thought activities with children." 29 mouth. he never touched the fork, the plate or anything during the meal." they also 7 inspired in his family was the salutation in the one of the hundreds of would "catch[ ] any crumb or morsel" that fell. phillips testified that at one point, the heron property. sarah testified that there was a "general routine" to these encounters. the record reflects that anything beyond supervised contact for therapeutic purposes 3. the circumstances of these offenses including the conduct, the when jacob returned, douglas asked him "what the hell he was doing." not realizing and douglas. the prosecutors argued that, given dr. page's evaluations and testimony, driveway smoking a cigarette. nicole was standing right next to him, "catching his ashes honorable deborah kim christopher, presiding judge egregious the court has heard. years, candace spent her nights in this outbuilding while douglas and nicole slept in the asked for. if she wanted to take a trip, they went. because she liked cadillac escalades, deviant sexual interests, no prior history of criminal or sexually deviant acts, and no douglas guill." incident occurred on a trip to lake koocanusa. candace was in one vehicle towing a she had not known that she could file for divorce herself; she only knew "his rules." accordingly, given that marriage is a fundamental right under article ii, and thus is 103, 68 p.3d 872, we conclude that the state must show that the restriction furthers a gain and maintain acceptance and validation from douglas. her hunger to secure that 52 nicole concedes that she is responsible for restitution. see 46-18-241(1), mca. older than the bill of rights--older than our political parties, older than our satisfied so long as the restriction or condition is reasonably related to the objectives of traits that would cause her difficulties in maintaining satisfactory day-to-day functioning. and the public perception was that he and nicole were married. 3 the circumstances surrounding nicole's convictions and sentence are intertwined crimes. rather, [nicole] used her relationship with her master as an helped douglas start a heating, ventilation, and air-conditioning business in heron. provided the following written reasons, which aptly sum up nicole's unhealthy bond with heinous criminal acts. under douglas's influence and in association with following too far behind him, so he pulled off to the side of the road (as did candace), virginia, 388 u.s. 1, 12, 87 s. ct. 1817, 1824 (1967). we too have recognized that in therapy--which is not going to happen, as noted, as long as she remains in contact hollow. and the same is true of her assertion that the restriction serves no rehabilitative meanwhile his sister, the defendant, allowed douglas guill, with little or right outside her door and i didn't know she existed." douglas and to do whatever he told her. moreover, douglas instilled in sarah the belief oklahoma. financially, as candace described it, "we never really got ahead. we'd wall from the first half-basement where sarah's and jacob's rooms were. thus, candace 6 defendant's brother. mr. christensen is a well respected journeyman in his 34 her brother, rick christensen, and their deification of douglas guill. the and the "pathological difference" between who she was before getting involved with been subject to "drastic" curtailment. such assertions, however, misstate the facts of her an ability to maintain herself as an individual." he observed that her commission of the 32 although he had refused for years to divorce candace, douglas suddenly decided with the guills as "the most bizarre meal i've ever eaten." nicole sat beside douglas and restriction is "reasonably related to a legitimate penological interest." mcdermott, 31. no background in the business, to take complete advantage of her brother. devoted to doug through love and affection." she spent all of her time with him because, proceeded in two phases: half of the basement and two levels on top of that, followed by as with douglas nothing was ever done right, daily verbal abuse for 54 issue 2. is the no-contact restriction illegal and unreasonable? 11 douglas eventually had a house built on the heron property. the construction but more to the point, the no-contact restriction is not overly broad. as explained above, 20 ed cain, a pastor from spokane, washington, knew douglas and candace in the filed: pleasures, ease, and comfort, and celebrated only each other and their own means including third parties including her brother due to douglas guill's all counseling, treatment or therapy costs incurred by the victim" (condition 16).7 and reconnected with the christensens. by this time, nicole was in her mid-teens, and and direct her actions during their years on the heron property because she loved him he thus was able to control her. she committed sexual offenses against sarah in order to with him, one-dear-ful, delicious, delightful, adorable, handsome husband colin m. stephens, smith & stephens, p.c., missoula, montana constitutional right, except as provided in the montana constitution or as 71 as a final observation, we note that this case is somewhat sui generis. as cogently influence. you're supposed to do what i tell you." similarly, as sarah got older, douglas told her program is to break through the denial so that the person can "start opening up and isolation and the perversion of the family relationships are among the most a stream of consciousness,5 counts of incest, and one count of felony sexual assault. nicole was charged with sexual marriage is a fundamental right. see e.g. mcdermott v. dept. of corrections, 2001 mt under no circumstances be in a position of power and authority over children, and submit was in jail. the prosecutor countered that nicole's abnormal need for validation from douglas be tried together. the district court initially allowed the cases to be joined but purpose because douglas will likely die in prison (having received a sentence of 50 years 13 nicole, in contrast, was treated "like royalty" and given practically everything she actions as being god's will. douglas became "lord of the house," and candace became fact, nicole never exhibited any fear of douglas at all. rather, she was "completely vital to her rehabilitation. according to dr. page's evaluations and testimony, nicole 10 years suspended. the court also imposed a number of terms and conditions. douglas responded, "no, i saw you over there," and he then picked jacob up by the shirt, and acceptance from others." so completely adopted the lifestyle and philosophies given her by douglas interests, including the right to marry and the right to marital privacy. washington v. [physical] injuries claimed by sarah guill were caused by the sexual intercourse with remand for further proceedings as described above in 53. we affirm the district victims or society, and the subservient offender's rehabilitation would be 1 this is an appeal from the twentieth judicial district court, sanders county. a 2. the level of power asserted by douglas guill and supported by the 33 in ways that i believe [she] otherwise would not have acted." in short, "but for mr. guill person for sexually abusing a child. moreover, he agreed that nicole had the ability to would not only defeat this goal, but also present a danger to the victim and society. about us" and "sacrificed himself and his health" for his family. she stated that she was integrity, and a man of impeccable character." she said that "[b]y his behavior he has i am angry that nicole refused to step in and assist my children and myself. nicole kept these letters in her purse after they were written. in these circumstances, nicole's claim that no contact is an unduly harsh restriction rings we have intentionally left out the more graphic details of sarah's testimony in 1148-49 (2005); turner v. safley, 482 u.s. 78, 89, 107 s. ct. 2254, 2261 (1987), and the while in high school, and the two were married in 1990. in early july 1992, nicole took this restriction is necessary for nicole's rehabilitation and the protection of the victim and on one occasion, he saw jacob talking to a youth who was working for a neighbor. could make her susceptible to being controlled by someone with a stronger personality-- "that god had given him an understanding [of] the bible and that god had chosen him to glorious, majestic, marvelous, clean, pure, holy, loving, honest, kind, not specify the total amount of restitution that she must pay with regard to the future 148, 104 p.3d 445. the state, on the other hand, argues that it must show only that the you, rejoice," and signed it "your lord jesus." he convinced her that he could decide the event he was charged with a crime. he told her exactly what words to use. one of as she later explained, she liked him "as a person," "as a friend," and "as a husband" and " `they have everything backwards, they diagnosed wrong people and have remand, the district court may, after such further proceedings as it deems appropriate against the advice of counsel, nicole insisted that she and candace that they were necessary to alleviate sarah's menstrual cramps. when she was mca. as we have said, "[t]his means that the amount of restitution must be stated as a shivering so hard she almost lost them. one of the most telling pieces of driven in her day-to-day behaviors and attitudes by a need for acceptance and nothing, only tolerated to cook, clean and maintain the home and business. the fact is that many, if not all, of those conditions will be 4 the heron property. there were some years when candace was allowed to go to town ashby, 2008 mt 83, 9, 342 mont. 187, 179 p.3d 1164. integral instrumentality to the crime. whatever the limits of the marital through the union [nicole] seeks now to uphold, she committed 60 as to rehabilitation, nicole grudgingly offers that the no-contact restriction "may 11 25 some kind of a cult or something that he was trying to start." society. in this regard, they noted the "high level of animosity" shared by douglas and joined the guills when they moved to wyoming and then to heron. tried together with douglas, despite legal advice to the contrary, which suggested that she underlying nicole's claim. the supreme court has said that "[m]arriage is one of the time, 24 hours a day," to the point of going to the bathroom together. but she explained them for a couple of months. sarah eventually reported the sexual abuse to authorities in with douglas. indeed, dr. page agreed that there is a connection "between her continued this statutory mandate and is consequently illegal. to do so. he filed a petition for dissolution of marriage on october 10, 2006, and a final the court included similar financial obligations in douglas's sentence as well. to be applied in reviewing the restriction and whether the restriction passes muster under defendant and protect the victim and society. muhammad, 28. thus, we held that the when they used their relationship as a tool for their criminal activities-- 27 clear and burn trees, mow the lawn, maintain a greenhouse, and help with the house nicole has conceded, that she is controlled by douglas. she will do harm to others, to be in nicole's best interest. douglas's trial was held in march 2008, and nicole's was became friends with the christensen family, and douglas hired rick to work for his external validation. she relied on her relationship with douglas to satisfy that need, and right to privacy and association are, it should not include the rights of two that standard. as to the first point, nicole argues that strict scrutiny applies--i.e., that the in the planning or commission of the offense. sections 45-2-301, -302(3), mca. was subjected to another "bizarre incident" in which douglas had nicole model some 2 devotion to douglas, it is necessary to describe the relationships in some detail. pleased and demand subservience from all; [nicole] was chosen by was always in his bedroom) were unaware that sarah was being abused. /s/ brian morris the other one. at one point in testimony at trial, a witness testified he cain rejected this proposition "in no uncertain terms." eighteen years has taken a huge toll on myself and my children. i am the state, conversely, argues that the restriction is legal and reasonable. we begin with cost of 19 cents per minute), and she visited him at the sanders county jail. in addition, the restriction may also serve to protect nicole herself. transcripts of the assistant attorney general, helena, montana (i.e., nexus) to the underlying offense. ommundson, 11, 12. the test has since been 12 defendant's suspended sentence a condition which banished him from cascade county. is in total denial about her situation. as expressed in her statement to the district court, which they backdated to "he wants us together, we will be together, there's no stopping his hand." ineffective unless she overcomes her denial and becomes motivated to access her issues goals of sentencing, see 46-18-101, mca, not to enhance prison administration. restriction does not serve this purpose because she has no sexual interest in young boys or oppression. douglas was lord over all of [the heron property] to do as he just "enjoy[ed] being with him." 5 douglas and candace met in boise, idaho, on christmas eve 1972 and were evidence presented at trial as to the level of worship douglas guill had based on a variety of assessment procedures, dr. page found that nicole does not possess 5 offenses "was driven by an external force"--namely douglas, who influenced her "to act vehicle, no bank accounts, no home, and no share in the business. 320 mont. 490, 87 p.3d 1017. conduct as shown through the defendant's own testimony, the testimony of 18 or 19, douglas had sarah and nicole start touching each other and sticking their it is not just that two married defendants committed terrible crimes individual." at the same time, however, she has a "strong need for external validation" 6 anticipates for her feared shortcomings, she has become socially adaptable, willingly intercourse without consent), june 1992 to june 2000 (sexual intercourse without consent broad." she asserts that the purpose of rehabilitation "is not to conform all of a person's everyone in the house--nicole included. defense counsel elicited testimony to establish property in the middle of winter, and douglas ordered candace to get out and stand in the defendant is corroborated by the testimony of rick christensen, the worshipped, honored, honorable, trusted, missed, loved, one with me, one cain and phillips) is an example of "extreme control." he further testified that nicole nicole's rehabilitation and protect society, dr. page agreed that it would. he noted that may 2008 trial), the two maintained extensive contact with each other. nicole wrote way he treated her, candace explained that she loved him, but also was "extremely 31 perspective, given her bond with douglas. but the judge reasoned that the restriction was 70 we hold that the no-contact restriction passes constitutional muster. watched as the defendant stood outside in the cold in scant clothing defendant's best interest for her treatment and rehabilitation. griswold, 381 u.s. at 486, 85 s. ct. at 1682. once or twice, but other years when she never went at all. likewise, sarah did not travel is an association for as noble a purpose as any involved in our prior intimidation described by candace and sarah took place. she also denied that the bizarre 18 candace, sarah, and jacob were kept largely isolated from the outside world on counseling, treatment or therapy costs incurred by the victim," is illegal because it does him, a witness," so that "if others would say something about him that wasn't true, i seen." for one thing, he had been under the impression that nicole was douglas's wife ones" suffered at their hands and worked for them like slaves, [nicole] and 19 the homeschooling did not progress past an eighth grade level because douglas "pleased, proud, blessed, honored, and thankful" to be married to him. she asserted that rehabilitation." muhammad, 28; see also e.g. state v. herd, 2004 mt 85, 17, 24-25, him and programmed to do his bidding. restricting her contact with him, therefore, will family there, but had no family in lewis and clark county. moreover, the defendant was fingers inside each other as part of the "general routine." sarah testified that she did not no toilet in candace's basement area, and she thus had to use a port-a-potty. relationship--they did not just sexually abuse an innocent girl, which 73 we reverse the district court's imposition of condition 16 in its present form and da 09-0048 you well. candy the victim and society if she remains in contact with douglas. the evidence shows, and deferential to others, and ready to modify her behavior to gain their attention and accountability for incest.3 discrete blocks of time spanning multiple years: june 2002 to september 2006 (sexual counseling, treatment, or therapy costs illegal? 66 moving on to the constitutional issue, we begin with the foundational principles submitted on briefs: september 23, 2010 mum, and my sister." lastly, candace stated: was able to engage in full intercourse when sarah was 11 or 12. 3 given permission to do so." when asked why she had remained with douglas despite the 21 v. defendant's letters to douglas guill. this salutation approached cold while wearing only her swimsuit. he also commanded her to lie in the snow and did taught me by example to be the same way." she talked about how douglas had "cared use of the company van, for which he paid all travel expenses (including work-related really love him like nicole loved him." at douglas's insistence, nicole divorced her 55 in explaining the no-contact restriction on nicole's sentence, the district court do, in any event, unless douglas gave her permission to enter. there was a bathtub but own account, they even went to the bathroom together. methods of rehabilitating her,8 house was "good" and "happy," and there was no sense of fear or intimidation at all. she treated" and would increase her likelihood of recidivism. that she had significant interaction with douglas. shortly thereafter, douglas called five or six years old at the time, and rick was in high school. douglas and candace despite her own internal values and morals, in order to please him. she essentially __________________________________________ one might characterize the ramblings as nauseatingly sophomoric drivel. 182 p.3d 66. in the present case, the state cited 46-18-202(1)(f), mca, as authority for 49 we review restrictions or conditions on a sentence for both legality and abuse of 16 douglas was not violent with sarah, however. for one thing, she witnessed the guill that anyone was and is in danger if they come within the circle of anyone over to the house. he told her that "people are evil" and that any friends she had she was under douglas's "control," which was the result not of fear, but of "love taken to 22 any significant signs of psychopathology. in other words, he did not find any personality held two months later. that candace and sarah "were trying to kill him and take his business and his money and in that decision, this is factually one of the more bizarre cases to reach this court. thorough that when she appeared in court and otherwise she was dressed in unless douglas said otherwise, candace was required to go down to her half-basement found that nicole's strong need for external validation is "focused specifically on her some cash that candace had retrieved from douglas's safe. when douglas returned, he severely limited, and their only acquaintances outside the family were the people they rick was married and had three children. rick soon divorced his wife, however, and from his cigarette in her hand." it was quite cold, and she was wearing only a halter top discussion appeared to enrage douglas. douglas "looked at [candace], and that was it. she--they defendant and appellant. that douglas had seen him, jacob fibbed and said that he had been somewhere else. were gone, whisked them away. he didn't have to say anything." newspapers, television, or the internet and was not allowed to read books other than the opportunity to become rehabilitated so that she may conform her behavior to the law and 6 douglas had known rick, at this point, for 15 years. they first met in 1976 when his marriage to candace, but in the early 1980s he claimed to have had some sort of custody of the sanders county sheriff's office. that same day, the sheriff's office for one thing, the defendant resided in cascade county at the time of sentencing and had her to stay up with him and nicole in the living room after candace and jacob went to living in oklahoma, candace tried to assert herself against douglas and he reacted by nor did he find any signs of antisocial, narcissistic, or sadistic traits. he also found no religious or spiritual flavor. but more to the point, they are "strongly suggestive" of "a spoke about the sex. for one thing, they were never alone to discuss it. moreover, sarah experience with the guills that he later characterized as "the strangest thing i'd ever rehabilitation and the protection of the victim and society." trial and nicole's criminal trial. after hearing extensive testimony regarding nicole's which compromise her own internal values and morals in favor of obtaining validation and that it "hurt to see that she can come in, assist and allow this to happen, to me, my in and for the county of sanders, cause no. dc 06-55 72 the district court similarly observed that the conduct of douglas and nicole, the douglas "too much" and might even hurt herself or take her own life if he asked her to. slept in the same bed. however, douglas ultimately exiled candace to a detached storage through a rough patch in his marriage, and douglas advised him to leave his wife and douglas engaged in the domineering and arrogant pursuit of their own thus, her treatment needs to focus on her tendency to be manipulable under the coercive never engaged in any sort of sexual activity with sarah and had never seen douglas touch 44 at the sentencing hearing, dr. page testified that "other than the current situation cadillac escalades, bought snowmobiles, and lived on the heron property with the rest of "somewhat dependent" on him. she is completely subject to his control and influence, as a hunger to secure the validation from an outside source, other than the victim, that the also asserted that "even to this day, nicole is controlled by douglas"--who, at that point, 31 with candace's help, and without douglas's or nicole's foreknowledge, sarah would "drag [her] to hell." these same restrictions applied to jacob. criminal conduct of which she stands convicted. her indoctrination was so lying and the fact that jacob had befriended the youth. others (whether in prison or serving her suspended sentence).9 initially, for the first night or two, nicole, douglas, and candace all substantial enough to be "an inhibitor in [nicole's] ability to be treated." influence in order to gain acceptance and validation from that source." in particular, he pinning her against a wall and choking her. on another occasion, he got mad at her and very unnatural, unhealthy, bizarre bond." the "most compelling" piece of evidence is an colleen magera, sanders county attorney, thompson falls, montana to her under that name. douglas instructed sarah and jacob to refer to nicole as "mom," intercourse. he initially was unable to accomplish full penetration, and his repeated protection of society. . . . whereas douglas had little or no background in this field, rick was a well-respected 57 nicole contends on appeal that the no-contact restriction fails to meet statutory flogged her hand with a wooden spoon, causing pain, swelling, and bruising. a similar right of marital privacy and association. the parties instead dispute the level of scrutiny 23 meanwhile, sarah and jacob did not speak at all. as phillips described it, "[t]hey for resisting all of her advances and being such a good dad. i also want candace was present but said nothing, and sarah and jacob appeared intimidated, afraid, see 40-1-311, mca. sentenced her to three concurrent terms of 25 years at the montana women's prison with douglas committed these crimes as an expression of their bond and their jail and attempted to relay communications from douglas. the detention staff intervened 23 they ate their meals together--from the same plate, sharing the same fork. by nicole's yelled at her, and hit her thigh repeatedly, causing significant bruising on her leg and hip. 43 nicole was found guilty of the charges on may 23, 2008, and was remanded to the contact with mr. guill and her continued denial." he testified that douglas's influence is glucksberg, 521 u.s. 702, 719-20, 117 s. ct. 2258, 2267 (1997) (citing loving and 30 would be bad enough, they used their unholy union and their unified purposes, under the direct supervision of the therapist, is in both community and the she denied that the incidents of violence and of due process (mont. const. art. ii, 17), it can be said that marriage and marital privacy decree of dissolution was issued november 6. douglas also compelled candace to write mont. 459, 962 p.2d 1157; johnson v. california, 543 u.s. 499, 509-10, 125 s. ct. 1141, douglas, i just wanted to write this note to let you know that i know 297. of particular note is the fact that the restitution statutes were amended several times the family as servants. asshole." sarah, who witnessed this event, testified that douglas was mad about both the concluded on the facts presented that this condition "is not reasonably related to the goals sarah in any way that was inappropriate.6 1. the defendant was so completely programmed through her 3 8 homeschooling books and the bible. when she expressed a desire to enroll in school, for appellant: 24 douglas talked to phillips about the bible. he told phillips that he (douglas) was with douglas. bottom line: the no-contact restriction is not simply a component of her 1087. the state concedes that condition 16, in its present form, does not comply with spoon-fed him; and when he wanted a drink, she held the cup to his mouth. meanwhile, initially was in shock that sarah had left. later, however, he became angry and asserted see mcdermott, 31; worden v. bd. of pardons and parole, 1998 mt 168, 33, 289 for appellee: deference to her privacy. a "horrendous injustice" had been done to them. she closed with the following remarks: rehabilitation and protection of the victim and society, and has a correlation or connection the most egregious the court had ever heard. while rick worked to support them and "the factor that will keep a person from being treatable," the initial step in a treatment concern about the impact of their actions on others. in other words, the person has "such 17 douglas was not violent with nicole either. nor was he threatening to her. in construction and landscaping. he also put them to work (without pay) for his business. and consideration of the relevant facts and circumstances, order restitution for the and, therefore, should not be permitted to be in contact. [nicole] and for instance, she must register as a tier ii sexual offender, successfully complete made a point of establishing through sarah's testimony that nicole loved douglas so and she assisted to a limited extent with douglas's business. nevertheless, douglas the statutory question and then address the constitutional one. relationship with douglas guill that he successfully involved her in the daniel guzynski, assistant attorney general, helena, montana was allowed to make household decisions and to control the home and business finances. 64 finally, as to the existence of a nexus, nicole had an abnormally high need for nicole, who essentially supplanted candace as douglas's wife. nicole had her last name tactics of others, and this will require an "autopsy" of her life to figure out where things with the crimes of her husband, douglas, who was convicted of five counts of sexual several letters (which she later recanted at trial) apparently intended to exculpate him in give her "naked hugs" and place his hands on the outside of her underwear. but within a their second child (jacob) two years later. in 1991, the family finally settled in heron, griswold v. connecticut, 381 u.s. 479, 85 s. ct. 1678 (1965)). not only as a component evidenced by the fact that she engaged in unlawful sex acts with a child at his behest she views herself and douglas as the victims here of a "horrendous injustice," and her and embarrassed. after dinner, while cain and douglas were conversing on the couch, candace performed the domestic chores, nicole and douglas "drove cadillac escalades, 9 or interacting with their mother or anything." it was "as if they were living in fear. they (who was always out in the storage building or down in the basement) and jacob (who 69 as to the second prong, nicole contends that the no-contact restriction is "far too behavior to some preexisting societal norm." she claims she is a "somewhat dependent although she had no paraphilic interests. moreover, she is not being forced "to conform 34 douglas was charged with two counts of sexual intercourse without consent, two may 27, nicole was moved to the mineral county jail. which makes her quite vulnerable to external influence, even to the point that she will much that "if [he] asked nicole to hurt herself or to take her own life," she might do so. kept candace, sarah, and jacob busy doing work on the heron property. he had them stairway in the guills' new home. in the course of this project, phillips had a dinner had to go outside in order to access the rest of the house--which she was not allowed to between 1992 and 2006. but since nicole has not briefed this as an issue on appeal, and court's imposition of the no-contact restriction. 67 there is no dispute in this case that the no-contact restriction burdens nicole's be like his son, the son of god, jesus, and that he was pure and holy." douglas wrote an intercourse without consent, accountability for sexual intercourse without consent, and the middle of divorce. i thank you so much for loving all of us and wish terry williams, one of douglas's business acquaintances, testified that he had been to the as a result of their isolation, sarah's and jacob's knowledge of the outside world was 28 wrong people in jail, they let the guilty go free, and they will pay, i will punish mt 16, 11-12, 293 mont. 133, 974 p.2d 620. as originally articulated, this test is [t]he defendant shall have no contact with douglas guill through any douglas posed a danger to the victim, to the community, and to nicole herself. skimpy clothing all the time, regardless of the weather," which in itself seemed odd. but that god would "strike some sort of wrath" on her if she displeased him. remained in the storage building until the second phase was completed a year or two hopefully enduring, and intimate to the degree of being sacred. it is an sentences including what nicole received here: a term of incarceration at a state prison, bank accounts and no share in the business. he had no home and instead lived in a trailer decided: march 1, 2011 reduce the likelihood of her continuing to engage in criminal conduct and cause harm to criminal purposes in their above-the-law and self-righteous union. 36 dr. robert page conducted two forensic mental health evaluations of nicole, one protection of the victim and society are compelling governmental interests. this is also, counsel called dr. page, who testified that nicole's hunger for external validation court thus referred to it as "golden pond" in its amended judgment. by accountability), and june 1992 to september 2006 (incest by accountability). this maintaining her "very unnatural, unhealthy, bizarre bond" to douglas. since denial is another occasion, douglas, nicole, sarah, and candace were in the hot tub on the heron at the montana women's prison with 10 years suspended. of relevance to this appeal, the other half of the basement and two levels on top of that. essentially, as described at this did not seem weird to her. she also acknowledged that they were together "[a]ll the never stopped looking at him. they would take a fork full of food and put it to his the only question is whether the restriction is "reasonably related to the objectives of "i have my heart cuffs on you and i'm never letting go!" douglas was encouraging rick, and perhaps nicole as well, to end their lives. 32 adoration that opened the letter. whatever her own choices were, she had before her trial and the other before her sentencing. he also testified at both proceedings. hopeless under the influence of continued contact with the dominant asked douglas about getting a divorce, but he would not allow it. candace testified that any contact with douglas of any sort (even through intermediaries), with one exception: to annual polygraph testing as required or necessary in her treatment. when he learned of candace's existence in 2006, as "[m]y crew worked there for days decisions. 134, 31, 305 mont. 462, 29 p.3d 992. the due process clause provides heightened we concur: incidents described by cain and phillips took place. she acknowledged that she and trial, "half a house is built over one basement, and then when that's finished the other half post-arrest to sentencing 1 background 19 serve to rehabilitate" her. the record, however, establishes that the restriction is in fact douglas in particular. dr. page agreed that being fed by nicole (in the way described by while mr. christensen was working to support them, the defendant and denied being controlled by douglas, being "under a spell from him," or being worried "you are my absolute everything good, pure and holy! i love you with all of my isolation of sarah and jacob, and the perversion of the family relationships were among 10 on january 19, 2007, they executed a declaration of marriage,4 partner. march 1 2011 a trip to heron and stayed with the guills for three to five days. this was the first time their conversation, douglas indicated that god spoke to him directly and that god had "one of god's chosen people, chosen to be a leader." at the time, phillips was going 35 travel). meanwhile, as rick was working to support them, douglas and nicole drove related to the objectives of rehabilitation and the protection of the victim and society." 33 after leaving the heron property, sarah ended up at the home of terry williams, nicole were going to be away for several hours. she took some personal belongings plus 2. is the restriction on contact with her husband illegal and unreasonable? of rehabilitation and is broader than necessary to protect the victim." muhammad, 28. plaintiff and appellee, 63 turning next to the protection of the victim and society, nicole argues that the 38 since the test results did not suggest that nicole is predisposed to sexually molest defendant's best interest for her treatment and rehabilitation." the record reflects that direct supervision of the therapist, is in both community and the nicole now appeals condition 16 and the no-contact restriction. but nicole contends that condition 16, requiring her to "continue to be responsible for all 18 16 religious epiphany. he told candace that he had begun "a communication with god" and construction of a house in the area. douglas later hired phillips to install a custom be more than happy to defend you in a court of law even though we are in concerning their divorce. douglas guill v. candace guill, 2008 mt 279n. as we noted specifically enumerated by the sentencing judge as a necessary condition of standard of review family members. to fully understand this power dynamic and the extent of nicole's when visitors came over, as he did not want people to see her or know that she was there. douglas refused. he also did not allow her to have friends, to date boys, or to invite have (or attempt to have) intercourse with sarah, after which he would "finish off" with douglas would either whisper in her ear or give her "this look," indicating that he wanted bed. nicole would start by "messing with" douglas to get him aroused. then he would whom she had met through douglas's business. williams and his wife let her stay with and prohibited rick from communicating any conversations from douglas to nicole. on to convey to nicole as an intermediary, are contained in the record. they suggest that 20 douglas pleased. hopeful that she is punished as well as given treatment. heron property").1 the time of the offense." state v. tracy, 2005 mt 128, 16, 327 mont. 220, 113 p.3d the only way, in light of all the evidence, that nicole could develop a life where she is not approval." as a result, she "is quite vulnerable to external influence and may act in ways you to know that she might try to accuse you of child molestation and i will moved off the heron property a day or two later. jacob had already left in october. pre-arrest background association that promotes a way of life, not causes; a harmony in living, not deification in the approximately one hundred words of reverence and sentence and that it intrudes on the right of privacy of a married couple. steve bullock, montana attorney general, jonathan m. krauss, off the property except once or twice a year to buy clothes. she had little or no access to reasonably be expected to incur as a result of the offender's criminal conduct, including especially where their continued contact may prove dangerous to the is built over the other basement." the first phase was completed in 1998 or 1999, at all of [her] behavior to some preexisting societal norm." rather, she is being given the discretion. state v. hafner, 2010 mt 233, 13, 358 mont. 137, 243 p.3d 435; state v. the amount of $7,249.43 plus 10%" (condition 15) and to "continue to be responsible for douglas as part of nicole's sentence. specifically, the judge ordered nicole not to have 14 october 2007 letter, which opens as follows: the no-contact restriction. this statute authorizes the sentencing judge to impose "on the "the next time you wash your hands they won't come clean. that's the stain of innocent douglas over 400 letters, they spoke on the phone for roughly four hours every day (at a without consent by accountability, and incest by accountability. the district court douglas shared the same plate and ate off the same fork during meals, but she stated that given that "a person has the right to be sentenced under the statutes which are in effect at she feared douglas might harm. candace actually witnessed an instance of the abuse 68 as to the first prong, nicole concedes, and we agree, that rehabilitation and the not allow her to get a towel or get dressed. this went on for about an hour. when asked journeyman. yet, rick worked for next to nothing. he subsidized the company and prohibiting contact with douglas is an essential component of nicole's rehabilitation. in the supreme court of the state of montana for 14 years. the jury agreed with the prosecutor. early november 2006, and douglas and nicole were arrested on november 24. candace or girlfriend, since the two were always "connected at the hip in public." he had no idea turning purple." he noted that she often was "under dressed" and "scantly clad wearing a rehabilitative purpose and a protective purpose. married to candace, he quit spending time with her and instead spent all of his time with douglas could not excuse her participation in and facilitation of his sexual abuse of sarah relationship with douglas and the purpose of the no-contact restriction. nicole is not since the pertinent statutory language does not appear to have been materially altered governmental interest. snetsinger v. mont. univ. sys., 2004 mt 390, 17, 325 mont. 47 the state asked the district court to order that there be no contact between nicole if nicole's therapist determines that limited contact for therapeutic purposes would sarah and jacob were in the pickup with candace and witnessed this event. on still out to hurt people. yet, these facts only bolster the conclusion that she poses a danger to didn't move out of line and the slightest glance from douglas would stop any kind of section 46-18-202(1)(f), mca. section 46-18-201, mca, in turn, authorizes various feet away" from each other. they ran errands together. they went to jobsites together. gratification from others," especially those in authority. "to avoid the criticism she those convictions in state v. douglas guill, 2010 mt 69, 355 mont. 490, 228 p.3d 1152. victim would take a second place in their decision process." but under questioning by inscription on the inside of a bible given to sarah, "you are mine now and forever, i love not reconnect in a vulnerable manner with douglas or some other coercive individual. times per week, starting when sarah was 8 and continuing until she was 22. at the time, during the 1970s and 1980s, living at various times in idaho, montana, wyoming, and and as one of the unenumerated rights retained by the people (mont. const. art. ii, 34) mental health and the history of the relationships in the guill family, judge christopher douglas told candace beforehand that god wanted him to go to mccall; and upon an "absolute servant." moreover, given nicole's "susceptibility to outside validation" children or otherwise purposely hurt others, dr. page concluded that her commission of position of power and control over an entire family as a constant force of keep her treatable is her own motivation to access her own issues"; and right now, nicole to go visit his children in a nearby town, douglas confronted him and said that god had she was acting out of "submission" to douglas's wishes. repeatedly told her that she "did nothing" and "didn't even deserve room and board." 17 with this opinion. applicable while nicole is incarcerated and during the suspended portion of her sentence. heart, everything and much, much, much more my so very special, magnificent, appeal from: district court of the twentieth judicial district, demonstrated ability to control and direct her activities, thoughts and objected to the restriction on the grounds that it is not an appropriate condition of anything he tells her." jacob recounted that he "was treated like a prisoner by nicole" consisting of various passages such as the following: /s/ mike mcgrath dedicated to singing douglas's praises--that he's "a good man, an honest man, a man of which involves her relationship with mr. guill, [nicole] has demonstrated autonomy and returning to heron, he told her that a "miraculous thing" had happened between him, it "felt normal" to her. "it felt like life, that's the way it had to be." meanwhile, candace 30 douglas told sarah multiple times that if she ever disclosed the sex to anyone, he activity during that meal." at some point, one of the children spilled some milk, which 15 as sarah testified, douglas also "beat [jacob] up quite a bit for different things." 2 conclusion and a pair of shorts. phillips observed that nicole was "turning purple--i kid you not-- guill and they were so close neither would go into the bathroom without said my wife would never go for that. and he said, would you like one of these women convicted sex offenders to continue to have unrestricted communication boat, and douglas was in another vehicle ahead of her. he became enraged that she was subsequently, however, nicole stipulated for purposes of her own trial that "the political faiths; a bilateral loyalty, not commercial or social projects. yet it nicole.2 that candace even existed and, thus, was surprised when she was introduced as douglas's taken to a place where it should never go"--i.e., that douglas was able to control nicole trailer's master bedroom and sarah and jacob shared the other bedroom. state of montana, compelling governmental interest and is narrowly tailored to achieve that interest. 14 although candace did not agree with nicole's moving in and becoming douglas's told him nicole was to be his "spiritual wife." the next morning, as cain was preparing only exception to this no contact order is if, and only if, the defendant's [nicole's] relationship with douglas was not incidental to these postconviction communications between douglas and rick, which rick then attempted blood on your hands, my husband's and mine. and i hope and i pray to god that he does girls, has no sadistic attributes, has no power and control issues (over others), and was not /s/ michael e wheat victim's future medical expenses in a specified amount. heafner, 13. negligee in front of cain. cain characterized these events as "odd beyond extreme." threw him on the ground, and kicked him a couple of times, calling him "a lying little as well. in this regard, the right of marital privacy is modification program, enter and complete a class which addresses power and control, 29 when she was 15 or 16, douglas had sarah start taking birth control pills. he told 26 douglas's power and control over the family extended to rick. as noted, rick specify the total amount of restitution that the offender shall pay. see 46-18-244(1), montana, where douglas started a successful heating, ventilation, and air-conditioning own well-being . . . in favor of maintaining [that] bond." requirements of 46-18-202(1)(f), mca. ashby, 13-15; state v. ommundson, 1999 that if nicole did, in fact, engage in the sexual misconduct as alleged, then it was because an extreme." in this regard, counsel introduced testimony from sarah that nicole loves husband and cut ties with her family in idaho. although douglas remained legally the court ordered nicole, as conditions of her suspended sentence, to "pay restitution in douglas began to shake as if he were having a seizure. nicole, who had been sitting at before or during the commission of the offense, with the purpose to promote or facilitate have no contact with individuals under the age of 18 except with appropriate supervision, 65 we hold that the no-contact restriction is valid under 46-18-202(1)(f), mca. nicole toward the rest of the family, as reflected in her letters to him. defense counsel requirements and unconstitutionally infringes her right of marital privacy and association. could testify and say, i was there, that's not true." she maintained that douglas never that god spoke to him. over the ensuing years, he justified many of his decisions and clerk the court directed him to maintain residence in lewis and clark county instead. we justice james c. nelson delivered the opinion of the court. was to do it." douglas and nicole were very affectionate with each other and spent came in contact with through douglas's business. field, who worked for next to nothing, subsidizing the defendant's that she enjoyed being with douglas and, moreover, that she provided "a protection for 5 condominium. they spent nine days there in late july and began an intimate relationship. 9 nicole packed up her belongings in idaho and moved to heron. she was 21 years during this period, we need not break up our analysis into discrete time periods. any more contact than this would undermine nicole's chances for rehabilitation. she was 21 cain also felt uncomfortable with douglas's comments regarding religion. during 62 in the present case, however, we are not persuaded that the no-contact restriction implicates an important question concerning the application of the sentencing statutes, company and receiving a limited amount of money per week, with no attempts injured sarah and caused her great pain. but douglas persisted nevertheless and 58 a court does not have the power to impose a sentence unless authorized by a medical and treatment expenses. nicole points out that a sentencing court is required to their significant free time engaging in sexual activities with children. to me. because they didn't react and respond like normal children, chatting and talking functions as an extension of douglas--one might even say an automaton controlled by during the ensuing year and a half (between their november 2006 arrests and nicole's talking in terms of reality as opposed to self lies." that is not going to happen with as a wife. then, during the meal, "both of them, his two wives, fed him; very submissive. day, [she] is controlled by douglas," notwithstanding that he is imprisoned. lastly, while the prosecution, dr. page agreed that the need for external validation does not excuse a specific grant of statutory authority. state v. burch, 2008 mt 118, 23, 342 mont. 499, 35 douglas remained incarcerated pending trial, but nicole was released on bond. nicole's unhealthy bond with douglas and the degree of control that he exerted over but otherwise normal" person whose right to marital communication and privacy has white, the color dictated by douglas guill. she testified she fed douglas nicole, and god. he announced to the family that he and nicole were in love. who is all mine and i'm keeping always and forever and never letting go! feared nicole "only if [nicole] is allowed to have contact with my father. she will do therapist determines that limited contact for therapeutic purposes, under the later reconsidered and reversed that decision due to concerns that joinder did not appear 51 issue 1. is condition 16 illegal? conviction of an offense does not deprive the offender of a civil or douglas and the extent of his control over her. the letters, dated october 7, 2006, related specifically to sexual abuse. it stated: `basic civil rights of man,' fundamental to our very existence and survival." loving v. be forgiven. believing that douglas knew what was right and that she would burn in hell 61 nicole analogizes her situation to the one we addressed in state v. muhammad, sentence provided for in 46-18-201" any restrictions or conditions that are "reasonably 4 the honorable deborah kim christopher presided over both douglas's criminal issues with drug or alcohol abuse. school system. marriage is a coming together for better or for worse, candace was told that "whatever nicole wanted or whatever she wanted me to do . . . i received from douglas and nicole a very limited amount of money per week. he had no fingers inside her. then, when she was eight, douglas began to attempt penile 56 at the oral pronouncement of sentence, judge christopher acknowledged that the which point douglas, nicole, and the children moved into the house. candace, however, violence perpetrated against candace and jacob, which caused her to be scared of reflected in 46-18-801(1), mca, which states: heron property, she felt like she had no one to tell anyway--including her mother, whom douglas bought her six or seven of them over the 14 years they were together. nicole they were the product of nicole's desire to please douglas and maintain his approval. candace got a job at a boise drugstore managed by rick and nicole's father. nicole was influence is "substantial enough" that it would be "an inhibitor in her ability to be . . . at trial why she did not go inside to get warm, candace responded: "because i wasn't old at the time. douglas explained to eight-year-old sarah that he had brought nicole to year or so, he began touching her on the inside of her underwear and trying to insert his married 12 days later. he was 20; she was 18. the couple followed an itinerant course nicole as long as she remains stuck in the "pathological enmeshment" of her relationship rehabilitation; it is a prerequisite for it. hated my children and sometime[s] me. we were treated as less than protection against governmental interference with certain fundamental rights and liberty that she would "burn in hell" if she went against him. lived on [the heron property] and spent their significant free time engaging in sexual 4 we would not all be sitting here today." as to whether a no-contact restriction would aid 27 douglas started molesting sarah when she was six years old. at first, he would if she disobeyed him, sarah promised never to tell. moreover, being isolated on the to feed you. and i said no; i'm doing just fine on my own." pursuant to these statutes, the district court was authorized to impose a restriction that is 10 when nicole moved in with the guills, the family was living in a two-bedroom later. she then moved to the second half-basement, which was separated by a concrete the palms of her hands, "completely freaked [phillips] out." when asked at trial whether literally "24 hours a day together every day." the two were "never more than a couple live with them because candace "wasn't good enough anymore for him" and "didn't specific amount of money." state v. heafner, 2010 mt 87, 7, 356 mont. 128, 231 p.3d for the reasons already discussed, we conclude that the no-contact restriction serves both misconduct against his daughter, sarah, during the years 1992 to 2006. we affirmed the charged offenses "would likely have resulted from a strong desire to please an outside 25 his last day at the heron property, phillips saw douglas outside on the gravel special, wanted, needed, cared about, thought of, adored, cherished, 45 sarah, jacob, and candace submitted victim impact statements to the court. sarah possesses "some elements of autonomy" and "an ability to maintain herself as an caring, heartful, thoughtful, giving, considerate, compassionate, so very dr. page noted that these writings could suggest obsessive ideation, but he concluded that building, which had electricity and a wood stove but no plumbing. for the next several scared" of him and thought he would be "very angry" if she left. in addition, she had entitled to the highest level of scrutiny, walker v. state, 2003 mt 134, 74, 316 mont. would harm himself or cause harm to others, it would be her fault, and she would never 41 at her own trial, however, "the crux" of the defense was that douglas controlled 50 as charged in the amended information, nicole's three offenses occurred within told him cain was not to go visit his children but, instead, was to remain with the guills. douglas and who she became afterward, the judge indicated that continued contact with exercise free will, to make decisions, and to conform her behavior to societal norms. nicole guill, 7 meanwhile, douglas did not hold any strong religious views in the early years of move in with the guills. phillips felt like "[i]t was as if he was trying to recruit me to hi my wonderful, splendid, exquisite, magnificent, brilliant, bright, 1980s. in 1997, he came to heron for a brief visit. cain later described the dinner he had ironically, this property was located on golden pond drive, and the district significant relationship with mr. guill." one indicator of this was her insistence on being is plainly satisfied, and nicole does not contend otherwise. 74 affirmed in part, reversed in part, and remanded for further proceedings consistent 42 during closing arguments, defense counsel argued that this case is about "love a person is legally accountable for the unlawful conduct of another when, either make the bills, but that was just about it." they had their first child (sarah) in 1984 and 9 fled the heron property in september 2006 on a day when she knew that douglas and the letter then proceeds, over the course of 15 handwritten pages, into what is essentially the court had imposed other conditions that were less restrictive means to rehabilitate the 37 dr. page did find, however, that nicole "tends to feel insecure" and "tends to be 2011 mt 32 painting business. douglas and candace left boise in 1979 but returned six years later the cost of psychological counseling, therapy, and treatment. see 46-18-243(1), mca. "[douglas] told me that, you know, wouldn't it be great if i were treated that way. and i trailer house situated on two acres they had purchased on the outskirts of heron ("the catching douglas guill's cigarette ashes in her hands while she was to you what you have done to my husband and myself." nicole also concedes that restitution includes future medical expenses that the victim can working for the idaho department of health and welfare. she and her husband had met no-contact restriction would probably be "tantamount to a death sentence" from nicole's 8 when the guills moved to heron in 1991, nicole was married and living in idaho, 22 clifford phillips, a carpenter and general contractor, met douglas during the 24 douglas's feet, got up and rubbed his chest, which evidently calmed him. still later, cain may be "unrealistically and irrationally bonded with him" and "willing to disregard her past conduct demonstrates that she is willing to disregard her own well-being in favor of guills' home five or six times and never saw candace. in fact, he was "totally shocked" counsel of record: seeing her out there turning purple, in order to catch the ashes from douglas's cigarette in nicole and the two of them agreed to meet in mccall, idaho, where her parents owned a concern she might have had about the harm being inflicted on sarah. the nexus criterion 39 another indicator was the content of some of nicole's letters to douglas during as nicole points out, however, this standard was adopted to review "prison regulations," 28 nicole began participating in the sexual abuse two or three weeks after moving to douglas and his previous wife, candace, have also been to this court in a prior appeal fits the profile of someone whose abnormally high need for validation "overrid[es]" any felt that nicole didn't like her and "never really wanted anything to do" with her. are given heightened protection under our privacy provision (mont. const. art. ii, 10) during prayer--hence, the internal quotation marks here.) /s/ james c. nelson 26 53 we therefore reverse the district court's imposition of a restitution obligation for no-contact restriction is not a prison regulation. it was imposed by the district court, not the sentence directed toward the objectives of rehabilitation and the 7 its commission, the person solicits, aids, abets, agrees, or attempts to aid the other person 48 as noted, the district court sentenced nicole to three concurrent terms of 25 years 8 stated that nicole "is as responsible for what happened as my father." sarah said that she banishment condition was "unduly severe and punitive to the point of being unrelated to benefit nicole's rehabilitation. in imposing this restriction, judge christopher cited of a child, even though she had no paraphilic interests or sadistic traits. defense counsel went wrong and how she ended up where she is now. but "the only thing that's going to validation caused her to act in ways she otherwise would not have acted and overrode any submissive to him. he told her that "god's head of man, man's head of woman, and his incarceration. dr. page noted that these writings appear tangential at times and have a bright, clean, noble, priceless husband that i'm keeping always and forever!" determined that it was necessary and appropriate to restrict contact between nicole and who goes to heaven and who goes to hell. with no eligibility for parole). nicole admitted during closing argument that "even to this 12 after nicole's arrival, candace was relegated to the status of an unseen domestic "too much." in light of the second issue raised in this appeal, it is notable that counsel november 7, 2006 (the day after douglas's divorce from candace became final). 15 douglas as his "spiritual wife," and, as his mistress over all, [nicole] did as changed to "guill," began signing checks as "nicole guill," and had a credit card issued we reverse and remand as to issue 1, and affirm as to issue 2. 46 nicole spoke at the hearing and gave a lengthy statement, most of which was worker. she cooked, cleaned, and did other chores; she homeschooled sarah and jacob; so completely programmed by douglas that she participated in the ongoing sexual abuse the court did impose several other conditions which nicole argues are "less restrictive" precluded from "ever" entering cascade county, not even on a temporary basis. finally, 1. is the condition requiring her to continue being responsible for the victim's raised a hand to candace, sarah, or jacob. in her view, the general attitude around the 13 2002 mt 47, 309 mont. 1, 43 p.3d 318. there, the sentencing court imposed on the a sexual offender treatment program, successfully complete a cognitive and behavioral is unduly severe and punitive. the district court specifically provided for nicole to have contact with douglas if nicole's therapist "determines that limited contact for therapeutic expanded to allow for a nexus to either the offense or the offender. ashby, 15. jury found nicole guill guilty of sexual intercourse without consent, sexual intercourse partner, she had learned that "you don't object to douglas." once, when they were plus a partial suspension of sentence. section 46-18-201(2), (3)(a)(iii), mca. hence, that the company rented as an office in downtown heron. he had no vehicle except the that sarah has been pursuing your body for years and i want to thank you 2 nicole raises two issues on appeal, both of which relate to her sentence: his belongings." nicole, in contrast, did not seem to care at all that sarah had left. future medical expenses of the victim without reducing the obligation to a stated amount, the women's prison or the department of corrections; and it was designed to achieve the terminated all contact between nicole and douglas. nevertheless, rick visited nicole in


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