Defense wants convictions nullified

SANDPOINT — The defense counsel for a Bonner County man convicted of aggravated assault is asking a judge to set aside the jury’s verdict and enter a judgment of acquittal.

A jury of 10 women and two me convicted Richard Allen Larson on two counts of felony assault for allegedly threatening his ex-girlfriend with a pistol and opening fire on her new boyfriend in the Pack River Valley last year.

But Chief Public Defender Isabella Robertson argues the convictions should be nullified because jurors placed “misdirected focus” on Larson’s aggressive behavior leading up to the shooting and inferred he was behaving similarly on the date of the incident.

Robertson further contends that the physical evidence in the case does not support the alleged victims’ version of events, but does support Larson’s account.

The alleged victims testified that Larson opened fire. Larson, who was shot in the chest in the exchange of gunfire, maintains his ex-girlfriend’s boyfriend was the first to open fire.

A hearing on the motion is set for April 17 in 1st District Court.

The defense also advised the court of a report of potential juror misconduct in the case.

A witness who was subpoenaed to testify in the case but was never called to the stand reported to a defense investigator that one of the male jurors had prior knowledge of the case. During the trial, the witness said the same juror shot him and other defense witnesses a dirty look and behaved aggressively toward him after the verdict was rendered.

Robertson forwarded the information to 1st District Judge Steve Verby to decide if there was improper juror conduct.

“Defense counsel is not espousing any juror misconduct based on the information that has been provided,” Robertson said in a memo to the court.

Robertson said in the memo she was compelled to advise Verby of the information because her full candor is a requirement as an officer of the court.

Larson, 60, was convicted after a four-day jury trial. He faces up to five years in prison.

Larson is free on $30,000 bond while the case is pending.