Ex-Bozeman Priest Pleads Innocent to Sex Charges
Associated Press, carried in Spokesman Review
November 12, 1987
A former Bozeman priest, accused in felony charges of deviant sexual conduct for allegedly molesting a 15-year-old boy, has pleaded innocent to both counts in state court here.
Kevin Malee, 36, who was a priest at Bozeman's Resurrection Parish, entered the pleas before District Judge Henry Loble.
Malee's attorney, Steven Ungar of Bozeman, said Wednesday he also filed a motion to dismiss the charges against Malee because they are not specific enough.
"The charges should be dismissed because there is no specific date and there can be no more specific date because the alleged offenses did not occur," Ungar told the Bozeman Daily Chronicle. "The reason for vagueness in our view is because they've been fabricated."
Malee, who now lives in California, was arrested in September when he was visiting Montana.
He has since been released on $10,000 bond and has returned to San Diego, Calif., where he is working at AMI Mission Bay Hospital as a counselor.
One charge accuses Malee of having sexual intercourse and sexual contact with a 15-year-old boy between June and October 1985. The second charge accuses Malee of having sexual intercourse and sexual contact with the same boy between October 1985 and May 1986.
Ungar said Malee's right to due process is violated by "those types of vague and ambiguous charges." It makes it impossible for a person to defend himself, Ungar said.
Loble scheduled a Dec. 11 hearing in Townsend for attorneys to present arguments on dismissing the charges.
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