The sentencing hearing for a contractor who pleaded guilty to cheating the people of Lusk out of thousands of dollars for unfulfilled home repairs imploded Monday after the man fired his lawyer.
Eighth Judicial District Judge Edward Buchanan voiced frustration over the latest delay in the case, which was filed in late 2024 against Jerold Saeman, 40 of Michigan.
It had been set for a Nov. 3 sentencing hearing, Buchanan rescheduled that for Monday to account for bankruptcy proceedings that, he said, left him hopeful Saeman could pay restitution to Lusk residents.
The judge also addressed the dozen-plus spectators sitting in the court gallery.
“I can’t pretend to stand in your shoes and say that I’m as frustrated,” said Buchanan. “I can’t do that because you guys are all here for something you wanted to be resolved a long time ago.
"I understand that, but I have no choice, given what I’ve heard this morning, and under the law, I have to proceed according to the rules.”
If he didn’t follow those rules, Buchanan added, that could complicate and delay the case more.
The judge told Saeman he was bothered because he’d already rescheduled the sentencing hearing for him once because he believed the reschedule would make it likelier that Saeman could repay the local residents.
“And now here we are again,” said Buchanan.
Negative $1.7 Million
Saeman told Buchanan he’s dissatisfied with his attorney Joshua Taylor, and doesn’t believe Taylor investigated his circumstances thoroughly before the pair of them were “pushed into a plea deal.”
As for Taylor, his ability to explain his side of the dispute was limited, since he couldn’t divulge confidential attorney-client interactions without his client’s consent.
“Your honor has reminded me many times throughout this case of having a duty of candor to this court. And I take that duty seriously,” said the attorney. “But it’s not my privilege to waive.”
A Thursday court filing, in which Taylor asked permission to withdraw from the case, says Saeman has “made the attorney-client relationship adversarial.”
Buchanan asked for a sense of direction.
Saeman has filled out an affidavit to qualify for a public defender, Taylor noted.
“I would note that his assets are negative-$1.7 million,” said the attorney. “I would assume that qualifies him for a public defender at this point, your honor.”
Buchanan said he will read the affidavit. He also re-set the sentencing hearing for Feb. 13.
Saeman said that if he’s given new legal counsel, he’d like to divulge things that, “I think, would be of interest to the customers.”
He also said he had a theft happen within his own business.
“A lot of factual information … was missed and I never had a chance to present that evidence,” Saeman added.
From these comments Buchanan inferred that Saeman is going to ask the judge to let him withdraw his guilty pleas.
In light of that, Buchanan said he’s not optimistic that sentencing will happen on the delayed Feb. 13 date either.
Defendants can argue that they gave pleas on fraudulent advice or other unfair circumstances.
Judges have granted permission for defendants to withdraw their pleas, though it is not common in Wyoming felony cases.
The first time Buchanan rescheduled sentencing from Nov. 3 to Monday, it was after Saeman attested that he had just filed for bankruptcy in September and needed more time to have money released from his bankruptcy trustee.
Hailstorm In Lusk
The case stems from a Niobrara County Sheriff’s investigation sparked with complaints starting in October 2023 regarding Saeman’s company, Bay to Bay Concepts LLC.
Company representatives arrived in Niobrara County in the middle of July 2023 after a severe hailstorm had blasted the area, damaging homes and buildings, court documents say.
It took down payments from 11 homeowners totaling $151,664.57, the case affidavit adds.
Bay to Bay had emailed and called various homeowners, promising to return in the spring of 2024 to finish the work, the investigating deputy wrote.
But as of July 18, 2024, the local deputy reported that the company had not been back to the Wyoming county to finish any work.
Saeman and his company have made headlines before after filing for bankruptcy with $911,000 in liabilities last year and having a business license suspended in 2023.
In two separate filings between November 2024 and Jan. 31 of this year, Niobrara County Attorney Anne Wasserburger charged Saeman with 14 counts of felony theft — each punishable by up to 10 years in prison and $10,000 in fines — and one count of misdemeanor theft, punishable by up to six months in jail and $750 in fines.
On July 8, Taylor notified the court the parties had established a plea agreement, and a trial set for July 22 was no longer necessary.
Saeman on Aug. 19 pleaded guilty to one count of felony theft and four counts of misdemeanor theft — rather than the more felony-heavy slate with which he’d originally been charged, court documents say.
The plea agreement recommended a deferral for Saeman on the felony, meaning he may avoid conviction on that count if he satisfies the terms of his sentencing – and if Buchanan accepts the plea agreement in the first place.
Taylor did not return a voicemail request for comment by publication.
