Hearing in murder case to remain open

SANDPOINT — First District Judge Barbara Buchanan denied a defense motion Monday to bar the public from attending a sentencing hearing in a Bonner County murder case.

Christopher Robin Garlin’s defense counsel, Sandpoint attorney Paul Vogel, moved for the proceeding to be closed to prevent private information, such as his client’s medical history, from becoming public knowledge.

Vogel said he was not attempting to seal the outcome of the hearing, only the testimony and the comments of counsels. He said the motion was supported by a 1914 Idaho Supreme Court case in which a trial was closed to the public.

Bonner County Prosecutor Louis Marshall said he was not convinced the defense request could be granted.

“I don’t think it’s supported by law,” said Marshall.

Buchanan ultimately denied the motion, finding that openness in court proceedings fit with the goals of sentencing. One of the goals is to deter others from committing offenses by demonstrating that there are consequences for criminal misconduct.

“It’s important for the public to be aware of what happens in sentencings,” said Buchanan.

Garlin, 19, was charged with accessory to murder in connection with the shooting death of Michael Wyatt Smith, a 19-year-old who was living in Hope.

Garlin allegedly witnessed Austin Blake Thrasher shoot Smith to death with a pistol in the fall of 2011, but didn’t report the crime until he and Thrasher were picked up for burglarizing a Ponderay pawn shop in early 2012.

Thrasher, 20, pleaded guilty to first-degree murder and awaits sentencing in 1st District Court. Thrasher’s wife, Jennifer, was also charged with accessory to murder for initially concealing her knowledge of Smith’s slaying and is serving a two-year sentence.

A plea agreement in Garlin’s case proposes no more than two years of incarceration leaves the defense free to argue for time he’s already served in connection with the Pawn Now heist. The defense seeks to make the plea agreement binding upon the court, although Buchanan has yet to rule on whether she will adopt the sentencing recommendations.

Garlin was originally to be sentenced on April 18, but it was moved up to April 16 — the same date as the sentencing hearing in Austin Thrasher’s case. The state and the defense moved jointly to reschedule the hearing so Smith’s out-of-town family could attend both hearings.