Convicted rapist faces sentence revocation
A Billings man convicted of rape in Flathead County District Court in 2006 is back in county jail after probation and parole officials say he traveled across country following his release from prison earlier this year.
James Pallone Heitman, 59, pleaded guilty to a single count of sexual intercourse without consent before then Judge Ted Lympus in 2006 after striking a deal with prosecutors. Accused of raping a 13-year-old, according to coverage in the Daily Inter Lake at the time, Heitman initially faced additional counts of sexual assault and incest, which he saw dropped in exchange for the guilty plea.
Released from Montana State Prison in February of this year to begin the suspended portion of his sentence, Heitman had vanished by July 11, according to court documents. In the meantime, he was bounced out of sex offender treatment, court documents said.
A report filed by probation and parole officers alleged that Heitman turned up at a hospital in Pennsylvania on July 19 despite lacking permission to leave the state. In it, officers noted that Heitman was temporarily reported as a missing person.
“As noted by his treatment provider … his actions placed himself and the community at risk,” wrote Probation and Parole Officer Heather Edwards.
They also deemed him a flight risk and highlighted requests he allegedly made to return to state prison, a suggestion that met with Edwards’ approval.
“The defendant’s mental health is a concern and placement at the Montana State Prison would benefit the defendant as he could obtain mental health treatment as well as sex offender treatment,” Edwards wrote.
Edwards recommended that, if found in violation by Flathead County District Court, Edwards return to state prison for 27 years with 12 of those years suspended.
Heitman appeared briefly in court alongside defense attorney Maury Solomon before Judge Amy Eddy on Sept. 6. Although Solomon indicated Heitman was prepared to admit to violations of his suspended sentence, Eddy noted the absence of Deputy County Attorney Amy Kenison, who is prosecuting the case. She opted to push off the hearing until Sept. 16.
Heitman has had past trouble following the rules while out on a suspended sentence. Initially sentenced to 40 years behind bars with 32 of those years suspended, Heitman was released from prison in 2014. By 2017, he was back in court after admitting to drinking alcohol and allegedly blowing off a chemical dependency evaluation as well as getting booted from sex offender treatment for noncompliance, court documents said.
In June 2017, Eddy revoked Heitman’s suspended sentence and sent him back to state prison for 32 years with 27 of those suspended.
News Editor Derrick Perkins can be reached at 758-4430 or dperkins@dailyinterlake.com.