Hearing on intimidation acquittal postponed

SANDPOINT — A hearing to set aside a Washington state man’s conviction for allegedly intimidating a witness in a methamphetamine investigation was postponed on Thursday.

Robert James Sutton Jr.’s hearing was reset for April 21 because a 200-page transcript documenting his February trial in 1st District Court was only recently released.

Bonner County Chief Public Defender Isabella Robertson is calling on the court to throw out Sutton’s felony conviction on grounds jurors reached incompatible verdicts.

Sutton, 26, of Spokane Valley, was charged with aggravated assault and witness intimidation for allegedly forcing his way into a Sandpoint Police drug informant’s downtown apartment and threatening her with a semiautomatic pistol on June 17, 2008. Sutton was also charged with burglary because he entered the woman’s apartment in order to dissuade her from testifying against his relative.

After a three-day trial, Sutton was convicted of intimidation and acquitted of assault. Jurors deadlocked on the burglary charge, which the state has elected not to resurrect.

Robertson moved for an acquittal, arguing the intimidation count is predicated upon the acts alleged in the burglary and assault counts.