MOSCOW A Latah County judge ruled Wednesday that Moscow attorneys Roy E. Mosman and Craig W. Mosman can continue as counsel in a civil suit against the Idaho Probation and Parole Department.
Second District Judge John H. Bengtson signed an order denying a motion by the state to disqualify the Mosmans from the case. Bengtson's written opinion had not been filed with the court Wednesday afternoon.
At the center of the state's attempt to disqualify the father-son team was whether Craig Mosman had a conflict of interest dating back to his time as Latah County prosecutor.
In 1991, Mosman prosecuted Jesse H. Fleury for lewd and lascivious conduct with children. After Fleury was convicted, Roy Mosman filed a civil suit on behalf of four young girls, claiming Fleury was inadequately supervised when he was on parole for similar charges in Idaho County. Roy Mosman alleged the lack of supervision allowed Fleury to reoffend in Latah County.
Lewiston lawyer Mike E. McNichols argued late last month that Craig Mosman represented the state of Idaho in the first Fleury case, and that involvement should disqualify him from opposing the state in the civil matter.
Bengtson disagreed with the arguments, and a hearing on a motion for summary judgement in the case is set for 9:30 a.m. Friday.