From the June 2000 Idaho Observer:
Who is Albert Moscowitz?
Nobody seems to know but a letter from him has somehow brought wheels of justice to a grinding halt in Prewitt wrongful conviction case
First the Bonner County Board of Commissioners said they would, then they said they wouldn't. Then they said they would, but it is becoming quite obvious they never will -- write a letter to the Idaho State Police calling for an investigation into the wrongful imprisonment of Rex Prewitt for aggravated assault of a police officer.
Commissioners seem to be holding up the show over a letter from a mysterious DOJ Civil Rights Branch attorney named Albert Moscowitz who stated that there was no indication that Prewitt's civil rights had been violated. Repeated attempts to locate Moscowitz and/or the results of his investigation have not been successful, putting into question whether or not the man actually exists.
The evidence shows that Prewitt was asleep on his couch at 11:30 p.m. when Bonner County Sheriff's Deputies Eric Skinner and Bill Tilson arrived at the Prewitt's rural Dover residence. The deputies allegedly suspected Prewitt of having committed a vandalism in downtown Sandpoint earlier that evening and claim that after they had announced their presence, an extremely drunk Prewitt burst from the door with a handgun. Both officers claim that Tilson shot Prewitt through the left hand and right shoulder in self defense.
Police took photographs of the gun . A child can see that it was not the gun that had been held in the man who had been shot in the hand. On it are only six drops, not smears, of blood on the gun grip. The photo also shows blood drops on the floor which surround the weapon. It would appear that the gun, which was determined to be unloaded, was placed in the location it was found and blood was spattered on it after the fact.
The gun has never been checked for fingerprints and witnesses were never deposed by Prewitt attorney, former Bonner County Prosecutor Tevis Hull.
Motive for the vandalism was never established and witnesses could not pick Prewitt out of a lineup.
Prewitt claims that he had a couple of drinks and went to bed early because he had to get up at 3:30 a.m.to get ready for work where he had just been promoted and received a pay raise. He was awakened and went to the door to find out why his dogs were barking. As soon as he opened the door, he remembers being pulled out, pepper sprayed and shot. Unable to see, he claims he had no idea who was assaulting him. Witnesses say they heard Prewitt saying over and over again, Why did you shoot me?
Then, one of them asked me if I had any guns. I thought, my God, they are robbers who are after my guns, Prewitt said.
Prewitt was sentenced by District Judge James Michaud to serve 7-10 years in prison for being awakened in the middle of the night by the BCSD.
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