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Anderson seeks new counsel

| June 9, 2009 9:00 PM

SANDPOINT — A Sagle man awaiting trial for the shooting death of Elvin “Eli” Holt is seeking new defense counsel.

James Matthew Anderson has filed a pro se motion for the appointment of a new attorney. Anderson maintains Chief Public Defender Isabella Robertson is not representing him adequately and their attorney/client relationship is in shambles.

A hearing on Anderson’s motion is set for July 6.

Meanwhile, Robertson is moving for a change of venue in the case. Robertson argues pretrial publicity has ruined Anderson’s chance of receiving a fair trial in Bonner County.

A hearing on Robertson’s motion is scheduled for June 16.

Anderson, 28, is charged with second-degree murder in the slaying of Holt, who was shot to death outside Anderson’s home on Nov. 28, 2008.

Anderson contends Holt and Ian James Freir showed up unannounced on his doorstep late on the evening of Thanksgiving and attacked him. Evidence and prior testimony in the case indicate Holt and Freir were drunk.

Anderson reportedly told investigators he brandished a .44 revolver in an attempt to persuade Holt and Freir to leave when it accidentally discharged.

Holt, 30, died instantly of a gunshot wound to the head.

Freir, 23, testified at a preliminary hearing earlier this month that there was no physical altercation and that Anderson simply opened fire.

In his motion for new counsel, Anderson argues Robertson’s representation has been ineffective because she did not attend two hearings in a tangentially related battery case and has not challenged unspecified statements made by the prosecution.

Anderson pleaded guilty and was sentenced last month for his role in a battery on a close friend of Holt’s. The defense sought a continuance because of a scheduling conflict with another case Robertson was handling, court records show.

The continuance was denied and Anderson was represented at the hearing by a deputy public defender. Anderson was sentenced to 90 days in jail and is now appealing the judgment against him, documents indicate.

Authorities and witnesses in the murder case believe Holt and Freir went to Anderson’s trailer to confront him about the battery on Justin Stuart Hines on Oct. 1, 2008.

Anderson remains held at the Bonner County Jail in lieu of $200,000 bail. His five-day jury trial in 1st District Court is slated to start on July 13.