Judge denies LaPlante a new trial

Apr. 27—The sentencing date for Robert J. LaPlante remained unchanged after a hearing that discussed his request for a new trial, including a heated exchange between LaPlante and 2nd District Judge Mark Monson over LaPlante's complaints of an unfair trial.

LaPlante filed several motions since his trial took place in March for first-degree attempted murder. His sentencing date is May 15 and he faces a maximum sentence of life in prison.

The maximum penalty for attempted first-degree murder is 15 years in prison, but the jury found LaPlante is a persistent violator who was convicted of two other felonies, which raises the maximum penalty to life in prison.

LaPlante was convicted by a jury for attempting to kill Loyal Otis Dickson Jr. on July 14 in North Lewiston. LaPlante's co-defendant, Timothy W. Allen, testified against him and was charged in the incident along with Kelley A. Wilson, who was charged with being an accessory for withholding information.

LaPlante filed two motions in March, requesting a new attorney and for a new trial, and one in April for a judgment of acquittal. Monson denied the motion for a new attorney and had scheduled a hearing Wednesday to discuss the other motions.

LaPlante's public defender, Brennan Wright, then amended the motions providing details on the reasons LaPlante was making the request for a new trial.

Wright wrote an April 15 motion asking for a new trial based on new witnesses and evidence. Wright wrote that LaPlante would need to hire a private investigator at the state's expense to locate and interview "newly discovered witnesses" and need a medical expert to physically examine LaPlante.

At the hearing, Wright said the funds for the investigator were designed to find and talk with the witnesses because Wright hasn't been successful in contacting them.

He also requested the hearing on the motion for a new trial and judgment of acquittal also be canceled so he could have more time to look at the potential evidence, according to court documents. A status conference hearing took place Wednesday at the Nez Perce County Courthouse in place of a hearing to discuss the motions.

At the hearing, county Chief Deputy Prosecutor April Smith objected to funding a private investigator and moving the sentencing date.

"The state views this as a legal strategy," Smith said.

She explained that the defense already hired a private investigator before the trial that could have investigated LaPlante's claims. LaPlante didn't waive his right to speedy trial. If that would have happened, the information could have been presented at trial rather than having a new trial and delaying sentencing.

Wright responded that the witnesses came forward to the LaPlante family after the trial and there was no reason to know there were other witnesses when they were preparing for trial.

LaPlante filed the motion for a new trial on his own, but Monson cited an amended motion that stated there was an eyewitness that saw detectives tampering with evidence, and that the co-defendant, Allen, lied on the witness stand.

Wright said he couldn't verify the statements of the witnesses and needed time to look into their potential testimony. Monson said the information is vague and there is "no way of knowing what is out there."

Wright explained that he received information that there was an individual at the Eagle Transfer lot, where Dickson lived and where he was attacked, who may have heard or seen the attack.

Wright said the person would have had a "good vantage point" to see "who entered the camp and who didn't." During the trial, Wright argued that LaPlante didn't enter the site and there was no surveillance showing that he went to Dickson's camp.

Smith said the person who was allegedly at Eagle Transfer was known before the trial took place. She said there were phone calls from the Nez Perce County Jail of LaPlante discussing it, showing that LaPlante also knew of it and therefore it wasn't new information.

Wright told Monson he didn't know if that person was the same person LaPlante was talking about at the jail, and they still haven't confirmed the person's identity. Regarding the other witnesses, Wright said they came to the LaPlante family and said that Allen made several statements that contradicted statements he made at the trial.

Monson said the defense didn't have an offer of proof of new information from evidence or witness testimony other than "the potential that somebody may have seen something."

Monson noted that the sentencing was scheduled to take place in three weeks on May 15 and he decided to keep it scheduled for that time.

LaPlante then spoke with Monson and said he filed a motion of a criminal complaint for obstruction of justice against the Nez Perce County Jail because he didn't get a fair trial.

"You had a trial," Monson said.

LaPlante began to talk over Monson, but Monson said "Excuse me" and LaPlante stopped interrupting Monson. Monson continued, saying he didn't see how what was happening at the jail affected LaPlante's right to a fair trial "in this court."

"You wanted a speedy trial," Monson said, addressing LaPlante, and the trial was set in March to accommodate that.

LaPlante then said that he was being punished for having a speedy trial.

Monson told LaPlante that if he requests a speedy trial, which he did with the advice of his attorney, the trial has to take place in six months.

"I am bound by that," Monson said.

The trial took place and Monson told LaPlante that the trial "did not work out the way you hoped."

LaPlante argued with Monson, saying the outcome of the trial wasn't the reason he was requesting a new one but because he "didn't get a fair shake." He said his attorney was "85 miles away" and he had to look at evidence on thumb drives on the computer at the jail, which he could only use an hour a day.

"That's not fair," LaPlante said.

Wright, an attorney from Grangeville, was appointed to represent LaPlante after public defender Gregory Dickison withdrew in November.

Lawrence Moran was initially appointed as LaPlante's attorney in October but had a conflict of interest, which is when Dickison was appointed. Public defenders were also appointed for LaPlante's two co-defendants, Allen, represented by Rick Cuddihy, and Wilson, represented by Randy Reed, which meant those attorneys also had conflicts of interest, leading Monson to appoint an attorney outside of Nez Perce County.

Monson told LaPlante he appreciated LaPlante's concerns and reasons for a new trial, but he disagreed.

"Wow, really?" LaPlante replied.

Monson concluded the hearing saying that unless the defense can offer proof, the case didn't rise to the level of requiring a new trial. He didn't make a decision on the request for a private investigator or medical expert, saying more information was needed.

Brewster may be contacted at kbrewster@lmtribune.com or at (208) 848-2297.