Case takes bizarre turn

SANDPOINT — A rape and drug case pending against a Bonner County man is taking a bizarre turn with allegations that the defendant is withholding exculpatory evidence from his own legal counsel.

Bonner County Chief Public Defender Isabella Robertson contends in court documents the attorney/client relationship with Dean Duane Stevens Jr. is “irretrievably broken” and she should be allowed to withdraw as Stevens’ attorney. Stevens, meanwhile, has filed another pro se motion to have Robertson removed because of ineffective assistance of counsel.

Stevens moved for new counsel earlier this year, but later rescinded the motion, according to court documents.

The matter of Stevens’ legal representation is scheduled to be taken up before 1st District Judge Steve Verby today.

Stevens, 40, is accused of supplying a 16-year-old girl with methamphetamine and then raping her in a cabin in Samuels on July 3, 2009. He pleaded not guilty and remains held at the Bonner County Jail.

Stevens was to be tried this month, but the defense requested a continuance because Stevens suddenly claimed he had exculpatory evidence that had never been disclosed.

Robertson said in her motion to appoint new counsel that Stevens said he had a digital video disc recording of what occurred on the day in question. Stevens said the DVD was in a storage locker in Colorado and the combination to the lock was stored on his cellular phone held in evidence in Bonner County.

The defense made arrangements to obtain the lock combination from the phone on Nov. 23, but Stevens left a phone message on Nov. 19 alleging that Robertson failed to keep an appointment with him.

During the Nov. 23 meeting, Stevens advised Robertson that his sister had already cut the lock off the storage locker, Robertson said in an affidavit. Robertson has yet to receive the DVD.

“I believe that the attorney/client relationship is irretrievably broken at this point because Client is now withholding allegedly exculpatory evidence from counsel and that he apparently has had access to the exculpatory information for some time and has refused to deliver it to me. Counsel is unable to effectively defend Client without his cooperation,” Robertson said in the motion.

Stevens’ trial has been reset for March 10.