Judge to outgoing DA Manlove: She's 'incapable of self-reflection'

Jul. 24—CHEYENNE — A judge had some unusual criticism for Laramie County's head prosecutor, saying at a recent hearing she was "incapable of any kind of self-reflection" on her actions as district attorney.

Laramie County District Judge Steven Sharpe made the comments in a July 13 hearing, according to a transcript. DA Leigh Anne Manlove had made a motion for a change of judge in a gag order proceeding, arguing that Sharpe was "biased or prejudiced" against her.

She wrote that she "observed non-verbal communication" at a June 14 hearing, including "facial expressions that I interpreted to be disbelief, frustration, exasperation or annoyance." She said these "underscore my concerns that this court, in this case, on the issue of the gag order, has a predisposition against me and therefore against the state."

On Monday, Manlove filed a motion to appoint two special prosecutors to the case, Michael Blonigen and Patrick J. Crank. In it, she perhaps for the first time publicly signaled that she would not run for a second term. She referenced her office's "change in administration" coming in January, and the current trial date following closely in February. She said her office had "contracted with" Blonigen and Crank "for the purpose of prosecuting this matter."

An answer to this motion had not been filed publicly as of 3:30 p.m. Friday. Manlove's term ends in January.

Manlove previously told a Wyoming Tribune Eagle reporter that the public would know whether or not she planned to run on May 27, the last day for Republican and Democrat candidates to file. She indeed did not formally seek re-election, while also not commenting about her future plans. Independent candidates may file until Aug. 29.

Public Defender Diane Lozano is seeking to prevent Manlove from speaking publicly about the case of Wyatt Lamb, a Cheyenne man accused of killing a toddler and dumping his body. The request was triggered by an interview Manlove gave to the WTE in May after Lamb's trial was delayed to February 2023.

The July 13 hearing was originally set to discuss whether to close a hearing addressing the gag order.

Manlove told the WTE in May that Lamb, charged with first-degree murder and 10 felony counts of child abuse, "wants a plea offer that gives him an opportunity for parole, and I won't do that."

She said she worried if she was no longer DA when Lamb's case is ultimately resolved, her successor may give Lamb the chance to be released on parole after a period in prison. An expert said at the time such a request was unusual.

The Wyoming State Bar's Office of Bar Counsel last year brought charges alleging the district attorney had mishandled the prosecution of cases and inappropriately dismissed certain cases, and that she created a hostile work environment. Following an eight-day hearing in February, a disciplinary panel announced it would recommend to the Wyoming Supreme Court that Manlove lose her ability to practice law in the state. Oral arguments before the high court are set for 1:30 p.m. Aug. 17. The court will then decide on any consequences.

Manlove's request

In seeking a new judge in the murder case, Manlove invoked Sharpe's involvement in her disciplinary proceeding. Sharpe was one of seven Laramie County judges who signed a letter to bar counsel expressing concerns about Manlove's conduct. He and the other judges were then deposed, and he was one of three who were cross-examined.

She also noted that Caitlin Harper, her former deputy DA, who signed the information in a prior strangulation case against Lamb, now works as Sharpe's law clerk. Manlove said Harper was the only attorney from her office who spoke with Sharpe before he signed the letter to bar counsel. Harper was also called to testify during Manlove's disciplinary hearing.

Sharpe said he was "at a loss" as to what nonverbal communications he apparently had made. The judge agreed that he was "confused" about a matter during that hearing, and said he was not biased against her.

"This court does not harbor any ill will, any animus against you," Sharpe continued. He called sending the letter expressing concerns about the DA "one of the hardest thing(s) I've ever had to do."

The judge added that he was "disappointed" that Manlove had previously accused the judges of being biased against her because of her conservative viewpoints and a public statement in October 2020 that she would not prosecute COVID-19 mask order violations.

Unusual move

"I harbor, at this moment as I sit here on the bench, absolutely no bias against you, no animus against you," Sharpe said. "I, in some respects, feel sorry for you that you're incapable of any kind of self-reflection to analyze your own conduct and your own behavior as the district attorney. And that's sad."

When it comes to using body language as an argument for bias, a Wyoming law professor said it's tricky to determine because it's so subjective. In choosing people for a jury, body language or demeanor could be an acceptable reason for to strike a potential juror, said Lauren McLane, an associate professor at the University of Wyoming and director of the College of Law's Defender Aid Clinic.

McLane said she could imagine the argument against a judge being effective if the behavior were more pronounced, such as getting up and storming out.

"There are a lot of pitfalls there," McLane said. "It probably wasn't the wisest move on her part."

The professor, who has practiced law for close to 15 years, added that it was "not very common" for a judge to criticize an attorney in the way Sharpe did Manlove.

"You hear plenty from judges. I've never heard something quite like that," McLane said. "Certainly that's not a comment on whether it was deserved or not deserved, but in terms of commonality and hearing that, I've never heard anything like that."

'Frivolous' motion

Sharpe said Harper has been "walled off" from the case since she became his law clerk, because "her husband is a law enforcement officer and had some involvement in that case."

The judge rejected Manlove's claim the court was interfering in the "operational functions" of her office "in regard to who would prosecute this case if I were unavailable." Because Manlove has been the only prosecutor on Lamb's murder case, "I have a legitimate concern as to who will be handling this case when it does go to trial," Sharpe said. Lamb is "entitled to a speedy trial," the judge said, adding that he doesn't want the trial again delayed.

Sharpe called Manlove's motion "frivolous," but he said he would assign the motion to another judge.

When Sharpe asked if there was anything she wanted to say, Manlove responded that there was not.

On July 15, Laramie County District Judge Thomas Campbell denied Manlove's motion to reassign the gag order matter to another judge, saying her arguments fell "woefully short" of "showing bias or prejudice."

When contacted Friday, Manlove said she had no comment about either Sharpe's criticisms or Judge Campbell's denial of her motion. Lozano said she had no comment about either of these things, or about Manlove's motion to assign special prosecutors to the case.

Last August, Lamb pleaded not guilty to all counts.

Two-year-old Athian Rivera was reported missing by his mother, Kassandra Orona, at around 1 p.m. on Feb. 19, 2021. His body was discovered around 3 p.m. in a dumpster just outside an entrance to Orona's apartment, located in the 400 block of Desmet Drive.

Hannah Black is the Wyoming Tribune Eagle's criminal justice reporter. She can be reached at hblack@wyomingnews.com or 307-633-3128. Follow her on Twitter at @hannahcblack.