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Judge rejects motion for new trial in meth case

by Keith KINNAIRD<br
| February 20, 2009 8:00 PM

SANDPOINT — A district judge has rejected a Priest River man’s motion for a new trial following his conviction for trafficking methamphetamine by attempted manufacture.

Robert Dale Coleman contends he should be granted a new trial because of allegedly false testimony by a Bonner County Sheriff’s narcotics detective.

Coleman, 54, is serving a five- to 10-year prison sentence at the South Idaho Correctional Institution, according to the Idaho Department of Correction. He was not present during Monday’s hearing on the motion for a new trial.

A jury convicted Coleman of the felony drug charge following a three-day trial in September of last year. Coleman was arrested at an alleged drug lab in the 600 block of Lincoln Avenue in Priest River, but he insisted he was there only to do repairs on his truck and had no connection to the operation.

Coleman alleges that a drug agent lied on the stand when he testified that all of the over-the-counter stimulants involved in the case came from Wal-Mart. Chief Public Defender Isabella Robertson said Coleman produced evidence indicating that particular brand of pseudoephedrine was also available at Sandpoint Super Drug.

Robertson told the court that Coleman wanted her to bring up the discrepancy at trial to show that the deputy was lying on the stand. But Robertson said she declined because the evidence was not exculpatory and likely would have been used by the state to solidify its case.

Deputy Prosecutor Shane Greenbank said the evidence was immaterial and could be construed as inculpatory.

Senior District Judge James Michaud agreed and denied Coleman’s motion. Michaud added that it was within Robertson’s purview to decide what defense evidence goes before a jury.

“It’s a strategic decision,” Michaud said.