Court denies killer's appeal
Megan Strickland Daily Inter Lake | Hagadone News Network | UPDATED 8 years, 5 months AGO
The Montana Supreme Court has denied the appeal of a Ronan murderer who had asked that he be released from prison and all charges against him dropped.
James Arthur Couture, 56, wrote in a May 10 appeal that his counsel was ineffective in a trial where he was found guilty of murdering 19-year-old Daniel McLeod in May 2004 and dumping his body in the Flathead River.
Couture is serving a life sentence for the murder and two 10-year terms for counts of tampering with or fabricating physical evidence for disposing of the body and gun used in the case.
“Couture raises several arguments concerning his underlying proceedings, which began in 2004. He first asserts a violation of the U.S. Constitution’s Sixth Amendment because he had ineffective assistance of counsel,” reads an opinion signed Wednesday by Montana Supreme Court Chief Justice Mike McGrath.
“Couture contends that a conflict of interest arose after his counsel represented another defendant who later appeared as a State’s witness against Couture. He adds that this resulting conflict adversely affected his counsel’s performance.”
The high court ruled that Couture’s appeal was not timely.
“Couture brings this challenge much too late,” McGrath wrote. “Couture could have objected at trial or specifically raised the issue in his appeal.
The court noted that Couture has exhausted his right to appeal.
“However, even if his claims were not barred, they are without merit,” the court found.
Couture is housed at the Crossroads Correctional Facility in Shelby.
Reporter Megan Strickland can be reached at 758-4459 or mstrickland@dailyinterlake.com.