Echo Lake murder trial begin Tuesday
Megan Strickland Daily Inter Lake | Hagadone News Network | UPDATED 8 years, 1 month AGO
The number of individuals set to go to trial Tuesday for the stabbing death of 35-year-old Wade Allen Rautio has dwindled to one defendant.
As of Thursday afternoon, Robert Matthew Wittal, 29, of Kalispell was scheduled to go to trial for felony deliberate homicide, with several subpoenas for witnesses issued and jury instructions submitted to Flathead District Judge Robert Allison in recent days.
Allison issued an order Wednesday vacating the trial for Melisa Ann Crone, 29, who has pleaded not guilty to felony accountability to deliberate homicide and felony criminal possession of dangerous drugs (methamphetamine) in the case.
Crone’s attorney Jason Bryan submitted a motion to delay the trial for Crone on Tuesday.
“The reason for the motion is that discovery is still ongoing, including the independent examination of all electronic records in this case,” Bryan wrote. “Also, the amount of discovery in this matter is voluminous and more time is needed to carefully and thoroughly review and comprehend all discovery in order to be adequately prepared for trial.”
Crone is now set to go to trial in March, the same month that Christopher Michael Hansen, 28, and David Vincent Toman, 21, both of Kalispell, also are scheduled to go to trial for felony accountability to deliberate homicide charges resulting from Rautio’s death.
Toman and Hansen were set to go to trial next week, but the case was pushed back so attorneys could adequately prepare.
PROSECUTORS CLAIM in court documents that someone reported to the Sheriff’s Office on June 13, saying that he or she had witnessed Wittal stab Rautio to death near Echo Lake sometime between May 15 and May 31.
Rautio’s body was found under a log in Brown Creek east of Flathead Valley.
In a September hearing for bond reduction, Toman said he led authorities to the body, which might not have been discovered otherwise.
According to court documents, one witness reported watching Wittal burn his cellphone and the clothes he was wearing at the time of the alleged crime in a wood stove at a home in Evergreen.
According to court documents, Hansen told investigators he went with Wittal, Toman and Rautio to an area off Foothill Road. Toman told deputies he drove Wittal, Hansen and Rautio to the Echo Lake area knowing Rautio would be assaulted.
Hansen allegedly admitted punching Rautio. Both Hansen and Toman allegedly prevented Rautio from leaving.
After Wittal allegedly lost his knife, Hansen gave Wittal a second knife. The second knife was allegedly used by Wittal to stab Rautio in the neck.
Crone is accused of orchestrating Rautio’s death with Wittal, as retribution for Rautio allegedly stealing drugs and money from her.
In preparation for Tuesday’s trial Wittal’s attorney Steven Scott, of the Major Crimes Unit of the Montana Public Defender’s office, has indicated that Wittal might rely on an alibi defense during the trial. The notice of the possible defense strategy lists a single female witness who might provide the alibi, plus any other witnesses identified in court documents or who are called by the state.
Scott provided notice of the alibi after Facebook and text message information was presented as evidence in the case.
“The information in this case gave a range of dates spanning 16 days or so, the texts and Facebook information narrow the time frame considerably of when it appears that the homicide occurred,” Scott wrote.
Judge Allison has also ruled that some statements made to police will not be allowed during the trial.
They include a statement from a woman to police in which she said Wittal “has a lot of pent up hatred,” was Crone’s number one worker and that Wittal likes beating people up.
“(The woman’s) character reference of he likes to beat people up is improper character evidence and only misleads the jury by trying to link the decedents violent end to the alleged violent character of the decedent,” Scott wrote.
Allison agreed and will not admit the evidence at trial. He also ruled that statements by a witness who claimed that Wittal bragged about killing five people not be admitted. The statement did not indicate that Wittal said who he had allegedly killed.
Attorneys have a conference about the case Monday morning. The trial is set to begin Tuesday at 9 a.m.
Reporter Megan Strickland can be reached at 758-4459 or mstrickland@dailyinterlake.com.