Edgar Steele's lawyers have 10 reasons he should receive a new trial, including alleged untimely production of Larry Fairfax's notes, errors in admitting the video tapped deposition of his alleged Ukrainian love interest, and newly discovered evidence about the viability of the explosive device.
Federal prosecutors listed the reasons in a document filed last week in U.S. District Court in Coeur d'Alene in response to a sealed document by defense lawyers Robert McAllister of Colorado and Gary Amendola of Coeur d'Alene that talks of intent to seek a new trial.
The defense document was filed a week after a jury in Boise convicted Steele of four felonies related to a plot to kill his wife and mother in law.
According to prosecutors, McAllister and Amendola included the following reasons:
1) Newly discovered evidence regarding Jeff Buck and the viability of the explosive device (from Fairfax's sentencing);
2) Defense was unable to secure the attendance of Dr. George Papcun to testify;
3) Contention that the Court erred in excluding the testimony of Dennis Walsh;
4) Alleged violation of attorney-client communication privilege;
5) Alleged untimeliness of production Fairfax’s “fictional book” notes;
6) Alleged error in allowing cross-examination of Cyndi Steele using the petition for divorce from 2000;
7) Alleged error of admitting the video tape deposition of Tatyana Loginova;
8) Alleged error in sustaining objections to testimony of Bob Stoll, DVM;
9) Allegations of error in sustaining Government objections during cross-examination of Larry Fairfax; and
10) Allegation of error in instructing the jury as to the second question of the jury during deliberations.
The sealed motion filed last week apparently was not an actual motion for anew trial - it asked for more time to file that motion.
Prosecutors objected to that request, saying the fact that the defense was able to list 10 reasons for a new trial seven days after the verdict was proof they didn't need more time.
But U.S. District Judge B. Lynn Winmill gave the defense until June 30 to file final post-trial motions. Steele is scheduled to be sentenced Aug. 22; he faces at least 30 years in prison.