Dabbs retrial set for October
NED NEWTON | Hagadone News Network | UPDATED 7 months, 1 week AGO
Dabbs.
(Courtesy Photo: BCSO)
A request to move the retrial of Shannon Dabbs to Bonner County was rejected May 9 by District Judge Lamont Berecz.
Dabbs, 59, of Moyie Springs, charged with second-degree murder and arson, was originally tried before a jury in Boundary County in January. However, Berecz declared a mistrial Jan. 23 after the jury was unable to reach a unanimous verdict, with 10 jurors favoring conviction and two undecided.
On April 16, Dabbs’ defense attorney, Joseph Sullivan, filed a motion for a change of venue, arguing that relocating the trial to the Bonner County Courthouse in Sandpoint would be more convenient and increase the likelihood of an impartial jury.
“A fair and impartial jury may not be found in Boundary County owing to the prior jury trial, publicity, allegations made against Mr. Dabbs to the public by media, potential information shared to prior jurors, the small size of the community, the nature of the alleged crime, and the severity of the charges Mr. Dabbs faces,” the request states. “Based on prior jury selection, Boundary County does not appear to have a large enough population to guarantee avoidance of the interconnectedness of its citizenry, who have personal knowledge of each other, local witnesses, and counsel for the plaintiff, all of which is problematic and may prevent a fair and impartial pool of potential jurors.”
However, the state objected to this request due to the inconvenience for witnesses who reside in Boundary County and the fact that a jury in the first trial was selected within a matter of hours.
“The assertion that somehow a jury cannot be chosen in Boundary County is not supported by any facts or evidence before the court,” the objection filed April 22 states.
Berecz ruled in the May 9 hearing that because the burden of proof for this case is on the state, the court will not consider a change of venue without its agreement, according to court minutes.
Berecz said that although the jury selection process was quick in the January trial, he suspects there will be a change due to post-trial publicity. But ultimately, the court should still be able to obtain an impartial jury.
Berecz added that he does not believe the news coverage would prevent a fair trial, so it will remain in Boundary County.
The two-week trial is set to begin Oct. 6.
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