Apr. 6—A judge denied a recently convicted man’s motion for a new attorney and trial, but if the case is appealed then a new attorney will be appointed.
Robert J. LaPlante filed a motion March 18 for a new attorney and a new trial, and the motion for a new trial was amended Monday.
His public defender, Brennan Wright, then filed a motion to withdraw as attorney. LaPlante also filed a motion for judgment of acquittal Tuesday and the motion for a new attorney was heard by 2nd District Judge Mark Monson on Wednesday at the Nez Perce County Courthouse.
A 12-member jury convicted LaPlante on March 14 of first-degree attempted murder for striking, stabbing and/or cutting Loyal Otis Dickson Jr. on July 14 in North Lewiston.
At the hearing, Monson noted that Wright’s motion was triggered by LaPlante’s, which he filed himself. Wright said he and LaPlante discussed the motion and LaPlante still wanted him to withdraw from the case, according to a recording of the court hearing.
LaPlante then addressed the court, stating there was evidence that wasn’t used during his trial, that he wasn’t told of his rights, and there were “other things” he wasn’t aware of.
LaPlante also mentioned his motion for a new trial and Monson said the issue before the court was the motion for a new attorney.
“I get that but I’m just — there’s a pattern here,” LaPlante said in the recording.
LaPlante then stated he wasn’t represented correctly and, since the trial, more information and witnesses have come forward.
In the recording, Monson noted criminal rule does allow for the defense to withdraw if there is good cause. But, because LaPlante’s representation is appointed by the court, he doesn’t have the right to select an attorney for himself.
Monson also said a lack of confidence in his attorney isn’t enough grounds for the court to appoint a new attorney. LaPlante also doesn’t have the right to reject appointed council.
“This is not an uncommon situation that we run into,” Monson said.
Monson reviewed that Wright was appointed as LaPlante’s public defender after Gregory Dickison, of McFarland Law Office, withdrew because of a broken attorney-client relationship. At that time, Monson granted the request for a new attorney.
Monson said he has known Wright for many years and the two of them tried a case in Idaho County, which resulted in a verdict of not guilty. This shows Wright has felony trial experience, and Monson said in the recording he didn’t see any complaints about his performance during the trial.
Therefore, Monson said, there wasn’t good cause for a new attorney and he denied the request. He did tell LaPlante in the recording that if LaPlante files an appeal, he will allow Wright to withdraw and he will appoint a State Appellate Public Defender, who represents those convicted of a felony seeking an appeal.
“I recognize that you’re unhappy with the result of the trial,” Monson told LaPlante in the recording.
Monson’s decision means LaPlante’s sentencing for May 15 will remain scheduled, but he allowed for a April 24 hearing for the motion on acquittal and a new trial.
Nez Perce County Prosecutor Justin Coleman was at the hearing, and didn’t have an objection to the motion for a new attorney.
LaPlante also noted to Monson he made an error in his motion, that he should have cited a section of Idaho criminal rule that allows for a judgment of acquittal 14 days after the jury verdict. The motion for a new trial cited that evidence.
The motion for acquittal alleges Timothy W. Allen, a co-defendant in the case who testified against LaPlante, lied about a knife fight when the victim’s knife was found in its sheath. It also alleges Allen testified about two knives that were thrown away from the crime scene, but only one was found by law enforcement. LaPlante writes there was a lack of DNA and fingerprint evidence, according to the motion.
LaPlante 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.
Brewster may be contacted at kbrewster@lmtribune.com or at (208) 848-2297.
