Defense fights plan to utilize old evidence

SANDPOINT — Defense counsel for murder suspect James Matthew Anderson is opposing the state’s efforts to introduce evidence of a prior violent offense at trial.

Bonner County Chief Public Defender Isabella Robertson argues the evidence has no bearing on the case at hand and would jeopardize Anderson’s right to a fair trial.

“Such evidence is irrelevant and inflammatory, and its probative value is substantially outweighed by the danger of unfair prejudice to the defendant,” Robertson said in a court filing opposing the prosecution’s plan to use the evidence, which consists of criminal charges in Texas for allegedly battering a fiancee in 2002.

Anderson, 29, is awaiting trial on a second-degree murder charge for shooting a Bonner County man during an argument in Sagle on Nov. 27, 2008. He was originally charged in the first degree, although a judge ruled last month that there was insufficient evidence to support the contention that the killing of Elvin “Eli” Holt was a premeditated act.

Holt, 30, was shot in the face outside Anderson’s trailer on the night of Thanksgiving. Anderson allegedly told a sheriff’s investigator he meant to use the .44 magnum to scare off Holt, but it suddenly discharged.

Anderson remains held at the Bonner County Jail with bail set at $500,000. His arraignment and a bail-reduction hearing are planned for Feb. 17 in 1st District Court.