Texting teen petitions for relief from prison

The 19-year-old former-Evergreen woman serving a 15-year sentence for double homicide stemming from a 2009 collision north of Kalispell has filed a petition for post-conviction relief.

Justine Winter alleges her legal counsel during her trial and in her appeal were ineffective and that Flathead County Attorney Ed Corrigan failed to disclose evidence. David Stufft and Maxwell Battle represented Winter.

Winter was convicted in February 2011 of killing Columbia Falls residents Erin Thompson, 35, and her 13-year-old son, Caden Odell, by intentionally driving head-on into their vehicle on U.S. 93 near Church Drive. Thompson was pregnant at the time. Winter, who was 16, was severely injured in the crash.

While not offering specific information about her claim for ineffective assistance, Winter did claim Stuff was ineffective “for failing to preserve the right of appeal.” Stufft had filed an appeal of her conviction but then withdrew from the case, saying he was unable to finance the appeal on a pro bono basis. He asked the Montana Supreme Court to appoint an attorney for Winter.

Winter also accuses Corrigan of failure to disclose material evidence without saying what that evidence was. She wants the state to appoint her a new lawyer, set an evidentiary hearing and “grant post-conviction relief and any other relief” to which she is entitled.

Winter still maintains that the crash was an accident but that she can’t remember the incident because of brain trauma she suffered. She’s serving her sentence at the Montana Women’s Prison in Billings and will be eligible for parole in December 2018.

Evidence introduced in her trial included text messages sent during the 30 minutes preceding the crash. Among the messages, she told a teenage boyfriend after they had argued, “if i won, I would have you. And I wouldn’t crash my car,” and “that’s why i am going to wreck my car.”