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Suspect sticks with counsel

by Keith KINNAIRD<br
| July 6, 2009 9:00 PM

SANDPOINT — A Sagle man accused of second-degree murder has suspended his effort to obtain new defense counsel.

James Matthew Anderson filed a pro se motion for new counsel last month, arguing Chief Public Defender Isabella Robertson was not adequately representing him. He also raised concerns that Robertson’s ample case load could affect his defense.

But Anderson advised 1st District Judge Steve Verby on Monday they had resolved their differences and she allayed his concerns that her caseload would hinder his representation.

“She assured me she is capable and willing to continue representing me,” Anderson told the court.

Anderson, 29, is implicated in the shooting death of Elvin “Eli” Holt on Nov. 27, 2008. Holt, 30, was shot in the head with a .44-caliber pistol during a confrontation outside Anderson’s trailer at Travel America.

The state argues Anderson’s use of force was unjustified, while Anderson maintains he was threatened and meant to use the pistol to persuade Holt and another man to leave when it accidentally discharged.

Holt and Ian James Freir, 23, reportedly went to Anderson’s home to confront him about an assault on a close friend of Holt’s in October. Anderson was charged with battery in connection with that assault.

Anderson pleaded guilty to the misdemeanor charge and was sentenced in May to 180 days in jail.

Verby was scheduled to take up a defense motion for a change of venue on Monday, although the matter was postponed until next month. Robertson sought a continuance because she only recently received a transcript from the sentencing hearing.

“It’s a major part of the change of venue (request),” Robertson told Verby.

Robertson contends pretrial publicity in Anderson’s murder case has jeopardized her client’s right to a fair trial.

A hearing on the venue motion is set for Aug. 3.

Anderson remains held at the Bonner County Jail with bail set at $200,000. His trial is scheduled for October.