Public defenders Chris Daly and Paulette Ferguson represent Anthony St. Dennis, 18, a senior at Hellgate High School at the time of his arrest. St. Dennis and a 20-year-old co-defendant, Dustin Strahan, allegedly beat to death Forrest Clayton Salcido, 56, near the California Street footbridge last December. Both men face charges of deliberate homicide and await separate trials.
But last month, Daly and Ferguson began seeking immunity for a man referred to in court papers only as “Witness X.” In their immunity request, Daly and Ferguson write that “this young man has some very interesting information to add to the alleged events of December 5/6.”
In court papers filed earlier this month, Missoula County Attorney Fred Van Valkenburg objected to the immunity request, arguing that the defense provides no information about Witness X's identity, says nothing about the information Witness X would offer at trial and leaves prosecutors guessing as to what misdeeds might require legal immunity.
At a status hearing Thursday before District Judge John Larson, Daly said he was prepared to play a CD recording of an interview with Witness X in Larson's chambers. But based on the lack of disclosure to prosecutors, Larson denied the request.
“I think it's inappropriate for the court to receive the disc unless the defendant makes some better showing for a case of immunity,” Larson said.
Daly then asked Larson to reconsider a defense motion seeking a change of venue for the trial, which the attorney believes should be moved outside of Missoula because months of news coverage have biased a pool of 250 potential jurors, he said.
The prospective jurors recently responded to questionnaires inquiring about any biases relating to St. Dennis' guilt. Of those who replied to the survey, only 60 jurors were satisfactory to the defense, Daly said.
“That's not enough for a normal jury trial, let alone one with this much publicity,” Daly said. “We would ask that you reconsider a motion for a change of venue.”
Although Van Valkenburg maintained his months-old objection to a change of venue, he said he would go along with a proposal to draw the jury panel from a county outside of Missoula.
“Of the prospective 250 jurors, there are so many people who have absolute opinions about the guilt of the defendant it would be better to draw a panel of jurors from a community other than Missoula County - a place where there is really no exposure to the Missoula media market,” Van Valkenburg said. He suggested Hill County, Yellowstone County and Cascade County as possibilities.
Larson said he would begin talking to judges in other districts. The plan would be to select a jury pool in another county, whittle the pool down to 12 jurors and two alternates, and then move the jury to Missoula for the duration of the trial.
“It will certainly be a first time for me,” Larson said of the unorthodox process.
St. Dennis' trial is slated to begin Sept. 26, while Strahan is scheduled to stand trial Oct. 24.
Reporter Tristan Scott can be reached at 523-5264 or at tscott@missoulian.com.
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