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Motion for new trial is denied

KEITH KINNAIRD | Hagadone News Network | UPDATED 6 years, 1 month AGO
by KEITH KINNAIRD
News Editor | December 2, 2018 12:00 AM

SANDPOINT — A former Sandpoint man convicted of lewd conduct and sexual abuse of a minor was denied a new trial last month.

Counsel for Steven Ronald Ennis Jr. argued Nov 20 that he should be granted a new trial because part of the jury selection process was conducted behind closed doors and Ennis was not present for pretrial motions, which shaped the mass of evidence jurors in the case would hear. Ennis further objected to the appointment of a Bonner County public defender despite assurances that a private-sector attorney would be assigned to his case.

Ennis’s post-conviction counsel, Spokane attorney Doug Phelps, argued on Tuesday that the closed-door segment of the voir dire process was a fundamental violation of his client’s federal and state constitutional rights.

Due to the nature of the charges against Ennis, prospective jurors were allowed to discuss their views or experiences regarding child sex abuse with the judge and attorneys in a conference room adjacent to the courtroom.

“That courtroom wasn’t open to the public,” Phelps said, referring to the conference room.

Phelps also maintained that Ennis was not present when pretrial motions to exclude evidence of his prior criminal history were taken up by the court. Ennis contends his exclusion from the hearings was ultimately detrimental to his case.

“The defendant was denied due process,” Phelps said.

Bonner County Prosecutor Louis Marshall objected to the motion for a new trial, arguing that allowing prospective jurors to be queried privately benefits the defense and the judicial process because jurors’ answers tend to be more honest. It also prevents the jury pool from becoming tainted if there is an emotional outburst.

“The rationale behind it is of benefit to the defense,” Marshall said.

Under Idaho’s rules of criminal procedure, a defendant can be granted a new trial if the person is tried in absentia or if jurors receive evidence outside of court. A defendant can also be granted a new trial if jurors used any means other than the fair expression of their opinions to reach a verdict or if new material evidence emerges.

First District Judge Barbara Buchanan denied the motion for a new trial, finding that none of the enumerated grounds for a new trial applied in Ennis’s case. Buchanan said the entire voir dire process was documented and accommodations were made to assign Ennis new counsel.

“My goal is to make sure we have a fair trial,” Buchanan said.

A Bonner county jury convicted Ennis last month of touching a girl’s breasts and genitals in 2015, when she was between the ages of 11-12. Ennis, who operated under multiple aliases officially and socially, was convicted of statutory rape in California in 1995.

Ennis, 55, faces a mandatory minimum sentence of 15 years in prison and up to life on the lewd conduct charge. He is scheduled to be sentenced on Dec. 21.

Keith Kinnaird can be reached by email at kkinnaird@bonnercountydailybee.com and follow him on Twitter @KeithDailyBee.

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