Courtroom tirades fail to win case

PALMER -- Most defendants in criminal cases try to put their best foot forward during court appearances, even if it means temporarily adopting a contrite demeanor.

Not Scott R. Middleton.

The 34-year-old Wasilla man went on the offensive Wednesday during a hearing on charges of fourth-degree assault and violating a domestic violence restraining order. His tirades briefly made the courtroom seem like a TV soap opera.

Frustrated in his efforts to secure bail, Middleton blurted out, "I will enter a plea of not guilty because that way I get to waste more of the state's money."

"That's not the best motive for entering a plea but you are free to exercise your rights," Judge Bill Estelle replied.

Middleton is in the midst of a bitter divorce. He is accused of harassing his wife with prohibited phone calls, including one on Feb. 19 in which Middleton called his wife "unkind things," Estelle said in an understated paraphrase.

The assault charge stems from a confrontation between Middleton and his wife's boyfriend Sept. 7 at the Wasilla McDonald's, where the three met to exchange custody of the Middletons' daughter. Middleton told the boyfriend "I will hunt you down" and threatened to kill him, according to charging documents.

However, Middleton argued that his wife and her boyfriend are harassing him via telephone and that the boyfriend threatened him with violence. Further, Middleton said his wife has blackened both his eyes and broken his nose.

"I don't belong in jail," he bristled. "I was trying to leave her alone. I've never had my rights. I'm going to become a pawn of the state and be on welfare."

Then Middleton began a rambling description of the boyfriend's perceived threats, which allegedly included pulling a gun on Middleton. But he concluded by saying he and the other man have been friends since childhood.

Middleton made his worst strategic mistake during discussion of a pending charge of driving while intoxicated.

"OK, that was a mistake," he said, admitting guilt.

Middleton tried to keep talking but Estelle cut him off.

"You have the right to remain silent," the judge said.

With a full docket and the hearing at an impasse, Estelle scheduled the case to resume Friday. Middleton was somewhat calmer by then, but was still firing daggers from his eyes at his wife and her boyfriend in the audience. He cocked his head back and smirked in their direction repeatedly.

"He's having a very difficult time behaving himself lately," assistant district attorney Richard Payne told Estelle. "The victims indicate to me he's continued to call frequently in violation of the order. The victims are frightened even to be in the room with him. You can see the tension shooting back and forth."

Estelle said the couple will have to end hostilities and do what's best for their 7-year-old daughter, including not fighting in front of her.

"You've got another 10 years or so that you'll have to act like adults," he said. "Psychological damage to the brain is done when a child is exposed to this."

Middleton admitted making some mistakes, but couldn't resist one last shot at his wife.

"The only reason I have been angry is because she has kept my daughter from me for no reason," he said. "I am an awesome father."

Middleton then pleaded no contest to fourth-degree assault, violating a domestic violence restraining order, and DWI. He was sentenced to serve 30 days beginning Nov. 18, plus pay court fees and restitution.

Estelle gave him a final piece of advice.

"Mr. Middleton, be abundantly calm and cautious when you come to court for your divorce," he said.