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Murder suspect's bail in question

DAVID COLE/dcole@cdapress.com | Hagadone News Network | UPDATED 9 years, 8 months AGO
by DAVID COLE/dcole@cdapress.com
| May 21, 2015 9:00 PM

COEUR d'ALENE - Prosecutors are not satisfied with a $2 million bail amount set for Coeur d'Alene Police Sgt. Greg Moore's alleged killer.

Court documents in Jonathan D. Renfro's case show the Kootenai County Prosecutor's Office wants him held in jail without bail.

"At the time this motion is heard, it is anticipated that the defendant will be subject to a penalty of death," Kootenai County Deputy Prosecutor David Robins wrote in documents signed Friday. "Given the weight of the evidence, potential penalty of death, character and nature of the defendant, and other factors ... the state motions this honorable court to hold the defendant without bail."

Robins' motion to hold Renfro without bail doesn't say anything about how Renfro could possibly make bail at the current amount.

Robins, citing U.S. Supreme Court precedent, wrote that bail is not required in cases where the defendant might be subject to the death penalty.

The $2 million bail amount was set when Renfro, 27, was charged with attempted first-degree murder. That was while Moore remained alive but in critical condition at a hospital following the May 5 shooting.

Renfro allegedly told investigators he shot Moore because he didn't want the officer to find a gun he had on him - hidden in his coat pocket - while he had been walking near West Wilbur Avenue in a Coeur d'Alene neighborhood. Renfro has been convicted of multiple felonies and is banned from having guns.

"(Renfro) has subsequently been charged by amended complaint with murder in the first degree," Robins wrote in his motion.

Renfro, a Rathdrum resident, was in court Wednesday for a hearing to address several motions, but a prosecutor and public defender needed additional time so the hearing was continued until June 5.

A preliminary hearing is scheduled for June 24 before Magistrate Barry Watson.

Prosecutors have declined to comment on the case. Chief Public Defender John Adams has declined comment.

Adams on Monday filed an objection to Robins' motion, saying prosecutors are attempting to deprive Renfro of his right to a reasonable bail amount.

In his written response, Adams cited the 1951 U.S. Supreme Court case Stack v. Boyle, which addresses excessive bail.

"'If bail in an amount greater than that usually fixed for serious charges of crimes is required in the case ... that is a matter to which evidence should be directed in a hearing so that the constitutional rights of each petitioner may be preserved,'" according to the Supreme Court's opinion in that case, cited in Adams' objection.

"Without a hearing as to the amount of bail, this court cannot properly determine whether the amount of bail it sets is excessive and wrongfully prolongs Mr. Renfro's detention in violation of the Fourth and Eighth Amendments of the United States Constitution and (part) of the Idaho Constitution," Adams wrote.

Additionally, Adams said the state is wrong to argue that Renfro "may be denied bail because he has been charged with first-degree murder."

Adams wrote that the "operative criminal complaint in this matter was filed on May 5, 2015, and has not been amended," meaning Renfro hasn't been charged with murder.

On May 6, Robins signed an amended criminal complaint charging Renfro with first-degree murder, but the document has yet to be filed with the court clerk.

Along with being charged with Moore's shooting, Renfro has officially been charged with stealing Moore's gun and patrol car. Renfro also is charged with being a felon in possession of a handgun.

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ARTICLES BY DAVID COLE/DCOLE@CDAPRESS.COM

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