HELENA — Lewis and Clark County District Judge Christopher Abbott vacated the guilty verdict in the official misconduct case against Jason Ellsworth. The ruling followed the discovery that jurors received sealed exhibits related to the scheduling of a potential witness who did not testify at trial.

Abbott stated that jurors were inadvertently given sealed exhibits regarding the scheduling of potential witness Bryce Eggleston. Email communications between Eggleston and Assistant Montana Attorney General Dan Guzynski regarding scheduling were inadvertently provided to jurors during the proceedings.

"It’s possible there were exhibits that were sent to the jury room that weren’t supposed to be there," Abbott said. The judge noted that these materials were not intended for jury review during deliberations.

"As the parties recall, (the exhibits) were essentially put into the record for appellate purposes under seal on the first day of trial during jury selection, were included with the exhibits, but legally were not admitted as evidence and would not normally be relevant," he said. He issued a 'Notice to Parties' document detailing the inadvertent provision of sealed exhibits to jurors during the trial proceedings.

Ellsworth’s legal team learned of the error after speaking with a juror who mentioned details not part of the trial. The revelation came after the jury had completed its work, which included four hours of deliberations before returning a guilty verdict.

The sealed documents contained correspondence regarding Eggleston's availability to testify. In the emails, Eggleston stated he could not attend the trial in person on the requested day due to parental obligations. Eggleston offered to testify remotely on the requested day or in person on a different day.

Guzynski informed Eggleston that Ellsworth objected to remote testimony. Guzynski wrote in an email that Ellsworth’s objection seems strategic and smacks of gamesmanship all around. The state did not call Bryce Eggleston as a witness at trial.

Jason Ellsworth faced a potential six-month jail sentence if convicted. The vacated verdict removes the conviction and the associated penalty, returning the case to its pre-verdict status pending further action by prosecutors.

Assistant Montana Attorney General Dan Guzynski stated that the state believes there should be a new trial. "The state does believe that there should be a new trial," he said. He acknowledged the procedural error that led to the vacatur.

"I also want to make a brief comment that everybody makes mistakes, and this whole process, and what we’re all involved in, is subject to the human condition," he said. His remarks addressed the administrative error without assigning specific blame to any individual involved in the trial preparation.

he stated that a retrial would begin on December 14 if the Department of Justice chooses to retry the case. This date provides a timeline for potential future proceedings should prosecutors decide to pursue the charges again. Bryce Eggleston, a key witness in the case, had previously testified in a 2023 civil court case involving contract disputes with Agile Analytics, as documented in Clark County court records.