Dismissal sought in Lott's civil case

PRIEST RIVER — The state is moving to nullify a petition for post-conviction relief filed by a former Bonner County man implicated in the disappearance and death of his wife in 2004.

Stephen Mathew Lott argues he was mislead by his defense counsel into pleading to an amended charge of voluntary manslaughter in the death of his wife, Christine. He also was charged with failing to report the death of the mother of his children to authorities.

Originally indicted in 2018 by a grand jury on a charge of first-degree murder, Lott entered Alford pleas to the manslaughter and failure-to-notify charges. Under the terms of the pleas, Lott admitted no wrongdoing but conceded he could be convicted of the offenses if the matter went to trial.

First District Judge Barbara Buchanan sentenced Lott to 15 years on the manslaughter charge and 10 years on the notification charge, terms she ordered Lott to serve consecutively due to the extended ruse he engaged in to deceive family members and the couple's children about his wife's death.

Christine Lott's remains were discovered by an antler hunter in a remote forest in of Kootenai County in 2016. During her disappearance, Stephen Lott gave shifting accounts of her whereabouts and death.

Lott appealed his 25-year prison term, contending it was excessive. The Idaho Court of Appeals, however, upheld the sentence last year. He filed a civil petition for post-conviction relief on grounds he received ineffective assistance from his counsel, claiming he was led to believe that he bore the burden of proof in the criminal case when it was actually the state's burden to carry.

Lott, 51, was serving the sentence at the Idaho State Correctional Institution's medical annex because he was diagnosed with the autoimmune disease lupus and a kidney condition. Lott argued in the civil case that his medical conditions effectively incapacitated him during mediation to resolve his criminal case.

"I was duped once by public defenders who failed to represent me and lied to me throughout my criminal case and refused to protect my rights or do their job. I won't stand by and allow it to happen again to me," Lott said in a January letter to the court.

George Daniel Goodrick, an inmate from Kootenai County who is serving sentences for rape, lewd conduct and other charges in the medical annex, advised the court in February that Lott was transferred to a Boise hospital due to serious medical problems which have further incapacitated him, according to court documents.

Bonner County Prosecutor Louis Marshall contends documents filed in the criminal case demonstrate that Lott expressly acceded to the rights he claimed no knowledge of. Moreover, Senior District Judge Steve Verby would not allow a person to engage in mediation if they were ill, mentally incapacitated and unable to make informed decisions, Marshall said in court documents.

Marshall also pointed out that Lott was able to navigate the judicial system to reach an agreement which supplanted a weighty first-degree charge with a lesser offense.

"Mr. Lott took full advantage of that deal and is now upset that the court acted within its discretion to and sentenced him to the maximum sentence under the amended charges," Marshall said in a memo supporting a motion for summary disposition. "He was unsuccessful in getting his sentence overturned and now wants to use a collateral attack to give him another bite at the apple."

Buchanan is taking the state and defense's arguments under advisement and is expected to issue a written rule on the motion to close out Lott's civil case.

Keith Kinnaird can be reached at kkinnaird@bonnercountydailybee.com and followed on Twitter @KeithDailyBee.