Dismissal in felony pot case

SANDPOINT — A procedural misstep by the prosecution led to the dismissal of a felony marijuana charge against a Kootenai man on Tuesday.

Jayce D. Bordenave’s trial on possession with intent to distribute came to a swift end after it was revealed that evidence analysis data was not obtained by the state, which meant that it was not disclosed to the defense.

Bordenave, 21, was arrested following a traffic stop in January 2009. An Idaho State Police trooper confronted Bordenave about the strong odor of marijuana in his pickup truck and a subsequent search of the rig turned up several bags of marijuana and $880 in cash. Bordenave also allegedly admitted selling the drug, according to court documents.

An Idaho State Police forensics lab confirmed the drug evidence was in fact marijuana, but details about the scientific testing that was done to reach that conclusion were not provided until the second day of trial.

Idaho criminal court rules require expert testimony to be accompanied by the facts and date used to inform a conclusion.

The disclosure lapse thwarted the defense’s opportunity to explore whether the testing procedures were reliable, Bordenave’s attorney, Fred Palmer, argued.

“It may be reliable,” he said. “It sounds like it’s reliable, but I’m not an expert and it’s too late to go find one now.”

Bonner County Deputy Prosecutor Shane Greenbank called forensics lab manager Anne Nord to the stand and she provided the notes of the scientific testing that was conducted on the evidence.

Greenbank argued the facts and data were in the report and the notes Nord kept during the three-pronged testing process.

But damage to the defense case had already been done.

“Under these circumstances, I am constrained to rule that there has been a failure to disclose the facts and data that form the basis for the opinions. I do find there has been prejudice to the defense,” 1st District Judge Steve Verby said.

As a result, the court declined to allow Nord’s conclusions to be heard by jurors. The ruling ended up being devastating to the state’s case because Greenbank was suddenly unable to prove a material element of the offense.

Greenbank abruptly rested his case and Palmer quickly moved for a dismissal because the suppressed drug evidence left the state without a way to prove a fundamental fact of the case.

Verby granted the motion.

The tidal shift occurred outside of the presence of the jury, which heard little testimony due to the legal arguments that broke out periodically throughout the proceeding.

Greenbank said he had not made a decision whether he pursue an appeal.

“We are severely limited in the ways in which to appeal,” he said on Wednesday.