I have a great link for an attorney who came out and spoke on this. He explained that because GT is considered Federal Land, it is pretty likely that it will be in the hands of Federal prosecutors. The state can fight to handle it, but in the end it's most likely the Federal end will get it. He also stated he would be tried in WY. All his opinion from the video.
It doesn't answer my question, though I truly appreciate the answer.
Seems like it needs to be said again:
Gabby was not found inside a National Park. I have worked on cases in three national parks (as a consultant) and one national monument. National Parks are different to National Forests, which is why I was asking for an interpretation
regarding National Forests.
Four people I knew in high school died in our local National Forest. Two were investigated as murders - by our County Sheriff. In the process of that, a different crime was uncovered (involving a friend of one of the deceased boys). That was prosecuted in Superior Court in our County.
So, I'm well aware that things go down different in National Parks - but the way I read that statute and all the cases I can find of murder in a
National Forest (Bridger-Teton in this case) are prosecuted the the relevant State.
Because there are specific laws about weapons and guns in National Parks (that are federal laws), National Park crimes are prosecuted differently (I'm not an expert on that either, and the cases I was involved in had elements that specifically violated NP rules, regulations or laws).
But what about National Forests.
Gabby was found in a National Forest. Here's that US (Federal) Code Section again:
//The jurisdiction, both civil and criminal, over
persons within
national forests shall not be affected or changed by reason of their existence, except so far as the punishment of offenses against the United States therein is concerned; the intent and meaning of this provision being that the State wherein any such national forest is situated shall not, by reason of the establishment thereof, lose its jurisdiction, nor the inhabitants thereof their rights and privileges as citizens, or be absolved from their duties as citizens of the State.//
(Emphasis mine).
It seems to me if a law that is a Federal law (such as banking laws or FAA laws) is broken inside any jurisdiction, the Feds get it. But it also seems to me, from personal experience and from looking at National Forest serial killers such as Gary Hilton (there's a good wikipedia article on him) that such crimes are tried in County Courts. In this case, it would be Teton County that tries the case (IMO).
The alleged crime of BL (related to illegal use of some type of credit or debit card) falls under Federal interstate banking laws and would be Federal regardless of where it happened - but I do believe it happened in the NP. That's all the Feds can do. It's my understanding that this charge is being used to find BL and that the murder charge would have to be filed in Teton County...so for us court-watchers, that's important information.
