Article published Mar 7, 2008

Speaking limit, assault at center of Overfield trial

By RICHARD ECKE

Tribune Staff Writer

A painful punch and a controversial speaking limit were the focus of a jury trial Thursday in Great Falls Municipal Court.

On trial is Susan Overfield, a Vaughn-area dog trainer and animal activist who spoke during the public comment period of a June 19 City Commission meeting.

That routine commission session ended with Overfield, now 52, charged with misdemeanor assault and disorderly conduct.

How things went wrong were described to a six-member jury, which is expected to render a verdict in the case today. The trial resumes about 10:30 this morning in the basement courtroom of the Civic Center.

Overfield's attorney, Kenneth Olson, said his client is an innocent victim of circumstance who tried to exercise her rights to freedom of speech and self-defense.

Prosecutor Chad Parker told jurors that Overfield went to the meeting planning to disrupt it.

The dispute took place five months after the City Commission, led by Mayor Dona Stebbins, enacted a three-minute time limit for each person who talks during the commission's public comment period. City officials said the limit was needed in order to give everyone a chance to speak.

Overfield was ordered to be removed by police from the June meeting for going over the time limit. She allegedly hit one of the plain-clothed officers who escorted her out of the commission chambers.

In August, the City Commission raised the speaking limit to five minutes. During the trial Thursday, Olson called the three-minute limit "arbitrary."

During the trial, Parker played two videos, one showing the meeting, and the other containing comments made by Overfield at the police station after her arrest.

At the police station, Overfield told an officer, "I knew I was going to be shut down."

While Parker said Overfield was trying to cause a ruckus, Olson said Overfield simply tried to present her opinions to public officials.

"This is still America, ladies and gentlemen," Olson told the jury.

Overfield said she went to the meeting to complain about a city plan to have police take over the local animal shelter from the Humane Society of Cascade County, a group she supports.

Overfield read from a prepared statement, which was 3 1/2 typed pages, double-spaced. She said she had about a page to go when Stebbins asked her to "wrap it up, please."

Overfield, who was attending her first City Commission meeting, refused to leave the lectern.

"I will be finished," she said.

At the trial, Overfield said someone in the audience told her she would not be under a time limit because the animal shelter issue was included on the meeting's agenda.

After Overfield continued past the limit, Stebbins then ordered her to be removed.

Plain-clothed police detective Art Schalin, who was wearing a red jacket, approached Overfield and took her by the arm.

"I just wanted to escort her out of there," Schalin testified Thursday. Overfield, who said she didn't know Schalin was a police officer, stayed put. Schalin testified that he did not tell Overfield he was a policeman, but told her she needed to leave the lectern.

"I saw no uniforms in the room," Overfield testified.

Schalin told jurors he took Overfield down an aisle of the room as the woman struggled to break free. He said he handled Overfield gently.

Overfield disagreed, saying Schalin had a tight grip.

"Man, he grabbed a hold of that upper arm and he pulled me all the way down that aisle," she said.

While she was being escorted out of the room, Overfield dropped papers on the carpet near the end of the aisle. Schalin told jurors he tried to be nice and let her pick them up.

During that brief pause, Overfield threw a punch at Schalin that struck the officer in the groin.

"It ached for about an hour," Schalin testified.

The detective said he then took Overfield out into the hallway, where he told her she was under arrest for assaulting a police officer.

Overfield testified that she didn't know Schalin was an officer, adding she apologized for hitting him.

Overfield's boyfriend, Ric Valois, tried to intervene as she was being escorted out of the chambers, and two other plain-clothed officers, Sgt. Larry Brooks and Chief Corky Grove, grabbed him. Brooks said he told Valois he was a policeman.

Olson said Thursday that city officials prompted the incident by placing an unfair time limit on Overfield. He added that Overfield was simply defending herself against a person she didn't know.

Parker said Overfield should have asked Stebbins' permission to speak longer, instead of just continuing on.

"You never backed up and said, 'I'm sorry, I'll sit down," Parker told her Thursday.

The city's chief prosecutor noted that regardless of whether she knew Schalin was a police officer, Overfield did strike him.

"He was assaulted, and that's why you're here today," Parker said.

Schalin said he no longer works security at commission meetings.

"I quit going to those meetings right after that," Schalin said. "I'd had enough."

Testimony in the case is expected to wrap up today. A verdict might follow.