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Lower bail sought in murder case

by Keith KINNAIRD<br
| March 13, 2009 9:00 PM

SANDPOINT — A bail-reduction hearing in a Sagle murder case is set for Monday.

Defense counsel for second-degree murder suspect James Matthew Anderson argues his bail, which is set at a half a million dollars, violates Anderson’s constitutional rights to due process and to be free from cruel and unusual punishment.

The state and the defense had agreed last month to reduce Anderson’s bail from $500,000 to $200,000, but 1st District Senior Judge James Michaud declined to grant the request without knowing more about the prosecution’s decision to lower the sum.

Bonner County Chief Public Defender Isabella Robertson said during a hearing last month that Anderson has a limited criminal history and has lived in the area for four years. She also emphasized there is evidence the shooting death of Elvin “Eli” Holt was unintentional.

Prosecutor Louis Marshall wasn’t present at the hearing because he was attending an Idaho Prosecuting Attorneys Association conference when the reduction request was taken up by Michaud.

Anderson, 29, pleaded not guilty last month and is expected to be tried this summer.

Anderson was originally charged with first-degree murder in connection with Holt’s slaying on Nov. 27, 2008, but a magistrate court judge found there was insufficient evidence to support the state’s contention that the shooting was premeditated act.

Holt, 30, was shot in the head with a .44-caliber pistol outside Anderson’s trailer on Thanksgiving night.

Witness accounts clashed as to whether there was a physical confrontation before the fatal gunshot was fired.