Anderson asks to be released pending appeal

SANDPOINT — A Sagle man convicted of the shooting death of Elvin “Eli” Holt is asking to be released on his own recognizance while he appeals the judgment against him.

A hearing on James Matthew Anderson’s motion is set for Monday in 1st District Court.

A Bonner County jury convicted Anderson of second-degree murder following a six-day trial last October. Jurors concluded Anderson shot Holt without just cause during a confrontation outside Anderson’s trailer home in Sagle on Nov. 27, 2008.

Holt, 30, died of a gunshot wound to the head. Anderson did not testify at trial, although the defense argued the .44-caliber revolver discharged accidentally as the dispute escalated.

Anderson, 29, is serving a 10- to 20-year sentence at the Idaho State Correctional Institution in Kuna.

Anderson will participate in Monday’s hearing via phone, according to court documents.

Anderson appealed the judgment and sentence to the Idaho Supreme Court earlier this month and a state appellate public defender has been appointed to represent him.

A notice of appeal filed by his counsel in the district court case, Bonner County Chief Public Defender Isabella Robertson, raises more than a half-dozen claims.

Robertson argues the state’s closing remarks relied on facts not in evidence and the jury instructions were constructed in a manner which encouraged jurors to decide the murder charge before being instructed on the legal definitions of “excuse” and “justification.”

Robertson further contends that the court abused its discretion, chilled defense attempts to have testimony heard outside the presence of jurors and denied Anderson a public hearing by having the courtroom door locked at one point to keep onlookers’ comings and goings from distracting jurors during some of the testimony.