
A Lewis and Clark County District Judge on Wednesday vacated a guilty verdict against former Senate President Jason Ellsworth following the discovery that jurors had been given sealed exhibits they should not have received during deliberations.
Judge Christopher Abbott learned that court staff had inadvertently provided jurors with materials concerning the scheduling of potential witness Bryce Eggleston as deliberations began Tuesday evening. The exhibits had been placed on the trial record for appellate purposes under seal during jury selection on the first day of trial and were not legally admitted as evidence. Ellsworth’s legal team became aware of the error when they spoke with a juror after the verdict was announced and the juror mentioned details that were not part of the trial proceedings.
Eggleston, described as Ellsworth’s longtime friend and former employee, had been the focus of the underlying case. In 2024, Eggleston pitched the senator on tracking the state’s progress implementing legislative bills aimed at curtailing Montana court powers. Ellsworth signed two contracts totaling $170,000 for the services on December 26, 2024, through Agile Analytics, a newly formed company for which Eggleston was the registered agent. Prosecutors alleged that Ellsworth bypassed competitive bidding requirements and signed the contracts without required state procurement review. Eggleston informed the Legislature in early 2025 that the company was no longer interested in the work after the agreements drew public attention.
The sealed communications that were mistakenly provided to jurors contained email exchanges between Eggleston and an assistant Montana attorney general regarding trial scheduling. Eggleston had explained he could not attend in person on the state’s requested date due to parental obligations but offered to testify remotely or in person on an alternative day. The state prosecutor’s suggestion that Ellsworth’s objection to remote testimony “seems strategic and smacks of gamesmanship” was included in the materials but never raised at trial, as the state ultimately chose not to call Eggleston as a witness.
The state indicated it believes a new trial should be held. Should the Department of Justice pursue a retrial, proceedings would begin December 14. Ellsworth’s Senate term expires at the end of the year.
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