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Defense moves to limit bloodstain analysis

by Keith KINNAIRD<br
| October 1, 2009 9:00 PM

SANDPOINT — The defense for a Sagle man accused of second-degree murder is moving to exclude a report from a bloodstain pattern expert.

Chief Public Defender Isabella Robertson argues in court documents the report is highly inflammatory and its probative value is substantially outweighed by the danger of unfair prejudice to her client, James Matthew Anderson.

Robertson’s motion in limine was filed on Sept. 3 and scheduled to be considered by 1st District Judge Steve Verby on Thursday, the same day as a pretrial conference in Anderson’s case.

A motion in limine is a pretrial motion which asks a judge to rule on whether certain evidence should be introduced to a jury.

The 22-page report was supplied to the defense during discovery. The report has not been disclosed to the public and its contents are not included in Anderson’s case file.

The report was written by Daniel V. Christman of Christman Forensics, a consulting company based in Bothell, Wash.

Christman is an officer with the Bothell Police Department and past president of the International Association of Bloodstain Pattern Analysts.

Christman is identified in court documents as an expert witness for the state.

Anderson, 29, is charged with shooting Elvin Joseph “Eli” Holt to death during a confrontation outside Anderson’s trailer on Nov. 27, 2008.

Holt, 30, died of a gunshot wound to the head fired from a .44-caliber magnum revolver. Anderson has maintained the Ruger Super Blackhawk discharged accidentally when brandished the weapon in an attempt to persuade Holt and another man to leave.

The man who was with Holt, Ian James Freir, testified at a preliminary hearing earlier this year that Anderson opened fire and told an Idaho State Police trooper the shooting was done in “cold blood.”

Witness accounts conflict as to whether there was a physical altercation which preceded the shooting.

Anderson pleaded not guilty and his eight-day jury trial is scheduled to start on Oct. 13. He remains held at the Bonner County Jail with bail set at $200,000.