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Murder trial set to start

by Keith KINNAIRD<br
| October 8, 2009 9:00 PM

SANDPOINT — Jury selection is slated to begin Tuesday in the second-degree murder trial of James Matthew Anderson, a Sagle man accused of shooting Elvin “Eli” Holt to death last year.

The process of seating a jury could last up to two days. Anderson faces a prison sentence of 10 years to life if convicted.

The state and defense advised 1st District Judge Steve Verby during a pretrial conference on Thursday that they were both ready to proceed with Anderson’s eight-day trial.

Verby considered a defense motion Thursday aimed at keeping a report by a state’s bloodstain pattern expert out of the trial. However, that testimony was sealed, as was the disposition of the Chief Public Defender Isabella Robertson’s motion.

At issue is a 22-page report by Daniel V. Christman of Christman Forensics.

The contents of the report have not been divulged, but Robertson argues the document is inflammatory and its probative value is outweighed by the danger of unfair prejudice to Anderson.

Christman, of Bothell, Wash., is also identified in court documents as an expert witness for the state.

In the event the report is admitted into evidence or if Christman testifies, Robertson is lining up a forensic pathologist from Billings, Mont., to testify as a defense expert if need be, court records show.

The defense is seeking $9,200 in public funds to cover Dr. Kenneth Mueller’s fees, travel and other expenses. The motion, which also seeks an additional $3,900 for defense investigator costs, was pending on Thursday.

In another development in the case, Verby is denying a defense motion to disclose medical and mental health information on Holt.

Robertson said in court documents that the materials are important to the defense of Anderson, but Verby denied the request because there was no legal argument presented which would authorize the disclosure of the privileged information, according to the court’s order.

Anderson, 29, is accused of gunning down Holt during a confrontation outside Anderson’s trailer on Nov. 27, 2008. Holt, a 30-year-old from Sandpoint, died of a gunshot wound to the head fired from a .44-caliber revolver.

Anderson has pleaded not guilty and told investigators the weapon discharged accidentally.

Bonner County Prosecutor Louis Marshall maintains the shooting was deliberate and constituted an unnecessary use of force.