Suspect contends selfies will clear him
SANDPOINT — A man accused of attempting a daylight home-invasion burglary attempt contends self portraits on his cellphone will exonerate him of the crime.
Randy Carl Eiland is charged with battery with intent to commit a serious felony and burglary in connection with the Oct. 21, 2014, break-in in southwest Sandpoint. The home was occupied by a couple and their adult daughter. Eiland allegedly sprayed the family's patriarch in the face with bear attack deterrent spray and into a bedroom where the trio sought refuge from the assailant.
Eiland was found at an Idaho Department of Labor office along U.S. Highway 2 and Sandpoint Police officers have testified that Eiland's appeared to have been suffering from the effects of the capsaicin-based spray.
But Eiland told 1st District Judge Barbara Buchanan on Wednesday that he took the selfies with the phone at around the time of the break-in and they demonstrate that he was not exposed to the bear spray. He may take the stand his trial today to testify about the time and date of the photos were taken. The defense is also working to use data on the phone to verify when the images were taken, court records show.
The non-contract phone was held as Eiland's personal property while he was held at the Bonner County Jail. Eiland, who is acting as his own defense counsel, sought additional investigative funds to have the photos downloaded by a computer services company, but the motion was denied because it was made too close to the start of Eiland's trial.
Jurors took in testimony Wednesday from the state and defense's expert witnesses.
The state's expert, Oregon forensic scientist Christopher Hamburg, told jurors he analyzed glass evidence that was collected from Eiland's clothing and compared it to glass from a smashed-in door at the residence. Humburg concluded that the glass found on Eiland was similar and consistent to the control source, according to court documents.
The defense's expert, Washington state forensic scientist William Schneck, identified stains on Eiland's coat and shirt and used gas chromatography mass spectrometry to rule them out as stains from pepper spray.
Eiland also made his opening remarks to the jury as the defense began putting on its case. He denied involvement in the crime and said the state has failed to conclusively identify him as the perpetrator. He maintains he was misidentified by the alleged victims and is being made a scapegoat.
"It's unfortunate how witnesses can misidentify a person," Eiland told the jury.
In other developments on Wednesday, a juror was excused after one of the alleged victims approached him outside the courthouse during a break in the proceedings. Eiland's standby counsel, Public Defender Janet Whitney, argued for a mistrial on grounds the alleged victim may have been trying to intimidate a juror.
The juror was questioned told the court that the witness approached a person the juror was speaking with. The juror said he advised the witness that he was on the panel deciding the case and could not speak with him. The witness, however, declined to step away from them.
Buchanan concluded the juror had done nothing wrong, but dismissed him from the case in an "abundance of caution" to ensure that Eiland receives a fair and impartial trial.