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Explanation for jail death expected Friday

By TED SULLIVAN Chronicle Staff Writer

A Gallatin County coroner's jury will decide Friday what caused Kathryn Leibrock-Josephs' death in the Gallatin County jail and whether anyone should be held responsible.


 "Everyone wants to know everything about it, so they will," Gallatin County Coroner Duncan MacNab said of the jail death. "It's going to get off the table."

MacNab, Gallatin County Attorney Marty Lambert and seven jurors will be able to query up to 19 witnesses about the circumstances surrounding Leibrock-Josephs' death, MacNab said.

Witnesses include jail officers, doctors and hospital officials who treated Leibrock-Josephs.

If the jury decides someone is responsible for Leibrock-Josephs' death following its deliberations, Lambert could file criminal charges. The jury will not be asked to determine whether negligence was a factor.

Leibrock-Josephs' family members and their attorney will not be allowed to ask witnesses questions.

"I expect the county to finally fully disclose what happened," said attorney Jim Kommers, who represents the family. "I hope the county gives us everything."

Kommers and the family previously asked for a court order to release numerous pieces of information related to Leibrock-Josephs' death held by the Gallatin County Sheriff's office, the Gallatin County coroner, the Bozeman Police Department and other agencies.

A hearing was held last month on the request.

At the hearing, Kommers argued the family deserved an explanation for Leibrock-Josephs' death. He said an inquest was unfair because the family was not allowed to participate.

However, Lambert argued the investigation details should not be released until the inquest to ensure a fair hearing.

District Judge John Brown had not issued a ruling as of Wednesday.

An inquest is required by state law to examine all jail deaths. It is the fifth inquest conducted in Gallatin County in seven years, MacNab said. Prior inquests involved jail deaths and police shootings.

Leibrock-Josephs, 45, was arrested Nov. 23, the night before Thanksgiving, for misdemeanor family member assault and died four days later while still in custody. People charged with family member assault are jailed without bail until they appear before a judge.

Leibrock-Josephs never had her court appearance.

Her husband, Jay Josephs, has said his wife died from detoxification because she didn't receive medication she needed while in jail. Another family member has said Leibrock-Josephs had high blood pressure and needed heart medicine.

An initial autopsy performed at the state forensic lab in Missoula was inconclusive and her cause of death remains unknown. The Gallatin County coroner's office has said she died of natural causes.

The inquest is scheduled to begin at 8 a.m. in the Gallatin County Courthouse community room. It is open to the public.

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