Renfro death penalty debate
Keith Cousins | Hagadone News Network | UPDATED 8 years, 2 months AGO
COEUR d'ALENE — Kootenai County prosecutors cleared several hurdles Wednesday in their pursuit of the death penalty for the man accused of murdering Coeur d'Alene Police Sgt. Greg Moore.
Jonathan Renfro, a 26-year-old Rathrdum resident who allegedly admitted to killing Moore in a Coeur d'Alene neighborhood on May 15, 2015, was dressed in a red and white striped prison jumpsuit Wednesday morning as he listened to Kootenai County Public Defender John Adams challenge the prosecution’s prosecutorial decision. Adams argued before Kootenai County District Court Judge Lansing Haynes that he should have access to information he believes will prove the prosecutor's office is financially motivated to pursue the death of Renfro, and that the list of three "aggravating factors" the prosecution intends to use to potentially persuade a jury in its favor, are unfounded.
Adams called several county officials to explain how capital cases are funded. His goal was to persuade Haynes that he should order the release of information detailing county expenditures on the cases.
Kootenai County Clerk Jim Brannon was the first public official Adams called to testify. After asking Brannon to explain his duties as clerk, Adams asked him to give the total amount the prosecutor's office has spent prosecuting the Renfro case.
That question triggered the first of many objections from Kootenai County Deputy Prosecutor Jed Whitaker, who told Haynes that Adams' entire line of questioning was inappropriate. Haynes denied the objection and Brannon responded by stating he was unsure what the public defender was asking.
"It says $0," Adams replied, citing documentation provided to both sides prior to the hearing.
Adams then turned to a line item in the prosecution's budget set aside for hiring expert witnesses this year. According to Brannon, the prosecutor's office was budgeted $8,655 to hire such witnesses, but has spent more than $92,000.
"Where'd that money come from?" Adams asked, triggering another objection from Whitaker which was also denied. "How does a department spend more money than is allocated?"
"A department head who is going to go over its budget can go to commissioners and ask for more," Brannon said, adding he is not involved in that process.
When asked by Adams how much Kootenai County has received since Oct. 1, 2013, from Idaho's Capital Crimes Defense Fund — established by the Legislature to allow counties to dip into a statewide fund to recoup some of the costs associated with death penalty trials — Brannon replied the amount was $217,498.78. The county clerk added that the funds go into a "justice fund," but he could not answer whether any of the money goes to the prosecutor's office.
After the defense briefly questioned Kootenai County Treasurer Steve Matheson, County Commissioner Dave Stewart was called to the stand. Adams questioned the commissioner about some $50,000 in additional funding that was requested by the prosecutor's office to hire expert witnesses during their pursuit of the death penalty in the Angel Morales case.
Morales admitted in January to killing his wife and step-daughter as part of a plea deal that took the death penalty off the table. He received two life sentences.
"When asked for another $50,000, did you say anything about (moving the funds from) other line items?" Adams asked.
"I don't recall," Stewart replied.
"So the $50,000 would be of benefit because you gave them extra money and they didn't have to use other line item funds?" Adams asked, which prompted Stewart to ask for time to review documents.
"He had financial benefits in doing this," Adams said after Stewart had reviewed the documents.
"I do not believe I am qualified to answer that," Stewart replied.
Commissioner Dan Green was the final public official called to testify. Green, who also serves on the board of directors for the CCDF, was asked by Adams if he recalls a discussion during a CCDF board meeting where Green allegedly said the prosecutor's office considers funding when deciding whether to pursue the death penalty.
Green replied he did not recall making the statement, but did not deny making it. After allowing Green to look at the minutes from the meeting, Adams asked the commissioner the same question.
"I don't remember," Green replied.
In his formal arguments following testimony, Adams told Haynes he is asking for the judge to require county officials to document what funds are being used to prosecute Renfro. Adams alleged that, since he believes the funding comes from outside the prosecutor's office budget, there are outside forces at play that prompted pursuit of the death penalty. He added that those outside forces violate Renfro's constitutional rights.
"I think we've made a showing that there's money at work here," Adams said. "We're all entitled to know where the money is coming from."
Kootenai County Deputy Prosecutor David Robbins argued Adams did not give any evidence to support his claims that the prosecutor's office is financially motivated, and that money is not reason enough to "disturb a prosecutorial decision." Haynes agreed with Robbins and denied Adams' motion for county documentation.
During the hearing, Haynes also heard arguments from Adams on a motion challenging the addition of three "aggravating factors" which are used by prosecutors when arguing to sentence a defendant to death. Adams referred to a document filed by the prosecutor's office in January that made its intent to pursue the death penalty official. Attempted burglary, attempted robbery, and propensity to kill are factors Kootenai County Prosecutor Barry McHugh filed a motion to add.
"Walking down the street does not mean he is attempting burglary," Adams said, adding he believes the prosecution is "stretching facts and the law."
Adams then argued that to add attempted robbery to the list, intent must be established prior to the offense occurring. Renfro, he said, did not intend to take his license back from Moore after allegedly shooting the officer. Furthermore, Adams said Renfro couldn't steal his license because it is his property.
"This is the kind of stuff you fail the Bar Exam for," Adams said. "This is stretched beyond pale."
Finally, Adams said it cannot be proven that Renfro has a fondness for killing, and allegations that his client lied to an investigator do not count as evidence of the man's desire to murder.
Robbins countered Adams' arguments by saying the prosecution's motion to add the three factors does not mean the court needs to determine if there is evidence of such factors. The only determination the court needs to make, Robbins said, is whether the prosecution is acting "in bad faith" in making the motion.
Haynes agreed with Robbins and granted the prosecution's motion to add the three aggravating factors.
The judge is scheduled to rule on an additional motion during a hearing on Sept. 19.