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May 27, 2011 in Idaho
Idaho Supreme Court overturns Ellington murder conviction
BOISE — State Supreme Court justices have thrown out the second-degree murder conviction of a North Idaho man, citing prosecutorial misconduct and the likelihood that an Idaho State Police officer committed perjury during the 2006 trial.
Jonathan Wade Ellington of Hayden was sentenced to 25 years for second-degree murder and 15 years each on two counts of aggravated battery charges for running over a woman during what was described as a road-rage encounter on New Year’s Day 2006.
But Friday, Idaho’s high court unanimously ruled Ellington should get a new trial.
In the 32-page ruling, the justices wrote the Kootenai County prosecutor engaged in misconduct during the trial, in part by engaging in improper questioning meant to turn the jury against Ellington.
They also concluded that a veteran Idaho State Police officer, Cpl. Fred Rice, a witness for the prosecution, gave testimony that conflicted with statements on accident reconstruction he’d made in previous court cases and contradicted training materials he had personally prepared.
“It is impossible to believe there was any truth to the testimony of Cpl. Rice,” wrote Justice Warren Jones. “It is abhorrent to this court, as it would be to any other court, that a man can be sentenced to twenty-five years for second-degree murder based primarily on the false testimony of a trooper of this state.”
Jones wrote that a 1st District Court judge in Kootenai County erred in May 2007 when he refused to give Ellington a new trial, despite being presented with evidence of these problems with the prosecution’s case.
Rice didn’t return a phone call left by The Associated Press Friday at the Idaho State Police in Meridian. He’s been employed with the agency since 1983.
Ellington, who is being held at Idaho Correctional Center south of Boise, was 45 when Vonette Lee Larsen, 41, was struck and killed in Athol. Ellington was accused of driving the vehicle that hit her and a car being driven by her two daughters.
Larsen died of massive head trauma.
At Ellington’s high-profile trial in 2006, Rice was called to dispute testimony of the defense’s accident reconstruction expert, Dr. William Skelton.
Skelton contended there was an average perception-reaction time of 1.5 seconds, in support of Ellington’s contention that he’d had insufficient time to stop his vehicle before hitting Larsen.
Skelton also told the jury that the debris field created by the crash indicated that Ellington had been in the proper lane of travel.
During rebuttal, however, Rice told the jury that Skelton’s 1.5 second reaction time could not be used because “there is no average perception reaction time in the world.”
Rice also told the jury that spray in a debris field was unreliable in determining characteristics of such an accident and was “not going to tell me where the point of impact happened.”
Attorneys for Ellington later discovered a separate court case involving a pedestrian collision in Elmore County. In that case, Rice had said that a debris field “definitely coincides with where the impact point is.” He also testified in that case about reaction time that corresponded with the testimony given by Skelton.
Ellington’s attorneys also submitted evidence that the training materials Rice prepared and used to teach courses on accident reconstruction stated that the average perception-reaction time was 1.6 seconds, nearly the same time Skelton told jurors.
“It simply cannot be said that it was not probable that this new evidence that showed Cpl. Rice testified falsely, and likely intentionally, in the Ellington trial would have affected the jury’s determination of reasonable doubt, because it went straight to the heart of the defense’s main theory of the case,” Jones wrote.
The justices also wrote that the Kootenai County prosecutor engaged in misconduct, concluding that the prosecution’s use of “intentional, gratuitous references” to Larsen “having been run over” had been calculated to appeal to the emotions of the jurors.
“Repeatedly reiterating the image of Mr. Ellington ‘running over’ Mr. Larsen’s ‘wife’ was wholly unnecessary,” Jones wrote for the court. “We are also troubled that the prosecutor seems to have completely ignored the court’s admonition to “move on,” by immediately asking another inflammatory question. The court should not have to lecture the prosecutor in front of the jury in order to get its point across that the current line of questioning is inappropriate.”
Kootenai County Deputy Prosecutor Art Verharen was the lead attorney in the trial, according to news accounts.
Kootenai County Prosecutor Barry McHugh, who took office in 2009 after Ellington’s trial was concluded, did not return phone messages left at his office Friday.
Tax-protesting Idaho state rep files for bankruptcy 
idahocity on May 27 at 8:23 p.m.
There are six things that the Lord hates, seven that are an abomination to him: haughty eyes, a lying tongue, and hands that shed innocent blood, a heart that devises wicked plans, feet that make haste to run to evil, a false witness who breathes out lies, and one who sows discord among brothers.
terrymr on May 27 at 9:11 p.m.
How does this trooper still have a job ?
Sadbuttrue on May 28 at 5:54 a.m.
The delicious relevant part is here:
“It is extremely disturbing to this Court that an officer of the law would present false testimony in any case, especially a murder case. In this case, however, it is impossible to believe there was any truth to the testimony of Cpl. Rice. It is abhorrent to this Court, as it would be to any other court, that a man can be sentenced to twenty-five years for second-degree murder based primarily on the false
testimony of a trooper of this State.”
Here’s what we know about “law” “enforcement” in Kootenai County: A mere citizen who was caught in the act of committing such a incredibly dishonest and serious felony would be immediately arrested, and given the gravity of the result, would be punished with a stiff prison sentence.
This cop will not be disciplined, let alone arrested.
Anyone have any further questions?
Sadbuttrue on May 28 at 6:11 a.m.
Additionally, a cop named Maskell with Kootenai County Sheriff’s Department and the Prosecutor on the case will not be arrested or disciplined even though:
“Even more, when an officer of the State gives any unsolicited testimony that is gratuitous and prejudicial to the defendant,
that testimony will be imputed to the State for the purposes of determining prosecutorial misconduct. Sergeant Maskell’s comment on Mr. Ellington’s silence may not have been
specifically solicited by the prosecutor, but it was undoubtedly both gratuitous and prejudicial to Mr. Ellington. Further, there was absolutely no reason for the prosecutor to engage in this line of
questioning in the first place, particularly given that he clearly knew the line of questioning would create a high risk of an improper comment on Mr. Ellington’s silence. Therefore, we hold
that there was misconduct.”
Give that two local police officers in the same case committed such extraordinarily egregious and willful misconduct, it is now settled beyond a doubt that Northern Idaho and Spokane area cops are absolutely the worst cops in Idaho and Washington. If there was any justice, if there are any honorable cops or prosecutors anywhere in sight, there would be a wholesale and immediate massacre of jobs, and a flamboyant series of arrests of cops and prosecutors.
It is truly past time for the Federal government to step in and bring criminal charges against the Kootenai County Sheriff’s Office, the Idaho State Police and the Kootenai County Prosecuting Attorney’s office, since obviously this kind of behavior has long been acceptable, tolerated and encouraged. When a system is this corrupt and degenerate, it is clear that there is an absence of supervision at the highest levels. Until criminal charges are brought and root out this despicable behavior, one can assume that the offices of the local prosecutor and sheriff are in essence, vacant.
Liberty_Bell on May 28 at 8:16 a.m.
You know sad but true, you just drag em on down to those United States District Courts, for the Klansmen on Display!
A State Hiring Requirement, Join the Klan, and you too can become Governor, of the democratic party, using the same old principal from 1865.
http://www.popehat.com/2009/02/12/a-rickety-wooden-story/
The Ku Klux Act of 1871 (42 USC 1983) law for reform of the democratic party!
Charlie on May 28 at 8:55 a.m.
Cops lie, judges lie, attorneys lie, and what happens when they are found out, usually “nothing.” Sadbuttrue makes some good points to ponder. Liberty_Bell, I seem to have missed your point, whatever it was!
Liberty_Bell on May 28 at 9:16 a.m.
Ever been to the Kounty? “whatever it was?”
Kootenai Kounty?
http://www.aolnews.com/2010/12/03/idaho-white-supremacist-builds-kkk-snowman/
Shown best right here, the Kootenai Kounty Kangarro Kourt.
was, and is, are alway big words too.
iconsider on May 28 at 9:19 a.m.
The sad part is that I sat and watched that trial and this man was attempting to ram a car with Ms Larson’s children in it and she was doing what any mother would do trying to protect her children and was run over by Mr Ellingston in front of her husband and children - And after doing so he didn’t bother to call anyone to help or go for help (if he felt that threatened wouldn’t you go toward help not run into the backwoods ) he ran and hid until police finally located him - Now he may walk free but I can promise that Ms Larson’s children still relive that day constantly Sad situation - words in a law book interpreted by different people can set guilty people free. Lesson learned you can really get away with murder if you can find a loop hole in the law.
On a side note - to Charlie - Every profession has humans involved - Doctors - Drivers -Laborers -accountants etc - Every profession has good and bad people it is the sad part of life - but to try to say the whole profession is bad is ignorant - Like throwing away the baby with the bathwater. That is the way of society now one person does wrong instead of punishing that person everyone pays the price -
Liberty_Bell on May 28 at 9:37 a.m.
Then after watching the liar on the stand, did you you go for help, or did you run and hide, just like the Kootenai Kounty Kangaroo Kourts Judge, and prosekutor?
“It is impossible to believe there was any truth to the testimony of Cpl. Rice,” wrote Justice Warren Jones. “It is abhorrent to this court, as it would be to any other court, that a man can be sentenced to twenty-five years for second-degree murder based primarily on the false testimony of a trooper of this state.”
Brady v Maryland, and the United States Supreme Court discussing you local liars, a National Problem, shown best right here in the 4th Korner, where the Dunce Kap is SUPREME!
terrymr on May 28 at 11:21 a.m.
iconsider,
What good does it do to watch the trial when the cops are lying to you about what happened. The “Victims” openly admit trying to block the guy in and shooting at him. Once a group participates in that kind of activity they can’t be shocked when somebody gets killed.
terrymr on May 28 at 11:24 a.m.
To answer your point about throwing the baby out with the bathwater : Every officer who investigates traffic accidents and everyone who’d been through this guy’s training should have known he was lying. Did even one of them make this known to the court ?
sad on May 31 at 8:26 a.m.
So sorry that no all of you could of been in the court room while the 3 week trial was in session. You only hear parts of the story through the media and you only get twisted versions. You all have no idea what that famliy went through and what they still have to deal with on a daily basis. As for the media, they obviously cant ever get it right cause what they have said in the paper the past week doesnt even match the series of events that happened 6 years ago in the papers… The fact of them giving Mr. Ellindton a retrial is not only obsurd but a waste of the tax payors money. They are just going to end up putting him back in jail… Maybe this time he will het a reasonable amount of jail time, and he will be shipped back to Boise to spend the remainder of his life!
remember_alamo on September 09 at 3:06 p.m.
Remember the police do not lie.