Murderer’S Case Argued Before High Court Pratt Claims His Attorney Was Ineffective In 1991 Trial

A convicted murderer’s attorney did not give his client adequate counsel, a Sandpoint attorney argued before the Idaho Supreme Court on Wednesday.

Joseph Pratt is serving up to 90 years in a Boise prison for the murder of U.S. Forest Service officer Brent Jacobson in 1989.

Jacobson was killed during a shootout in the North Idaho woods after police had chased Pratt and his brother, James, after a failed home robbery in Sagle, Idaho.

Joseph Pratt appealed his 1991 conviction and sentence. In 1994, the Supreme Court upheld the felony murder charge and other charges, including attempted first-degree murder and aggravated assault.

Three years ago, Pratt filed a petition asking a District Court judge to look at his case because he believes his attorney, Bruce Greene, had counseled him ineffectively at trial.

First District Judge James Michaud dismissed Pratt’s petition.

“It was dismissed without a full evidentiary hearing,” said Jeffery Smith, Pratt’s attorney.

Supreme Court justices questioned Pratt’s request, saying Wednesday there seemed to be no factual basis in his claim.

“It’s nothing more than `This is ineffective assistance.’ Period,” said Chief Justice Linda Copple Trout. “There’s at least an initial burden on the defendant.”

The five justices heard arguments Wednesday and took the case under advisement. The state’s highest court was in Coeur d’Alene this week to hear various appeals.

If justices rule in Pratt’s favor, another hearing could be held before a district judge. If that judge were to rule Pratt’s attorney had indeed been ineffective, Pratt could get another trial, Smith said.

Deputy Attorney General Ken Robins argued that Greene’s strategy not to focus on what had happened during the home invasion was an informed and prepared one.

“The bottom line is: I think you can say Mr. Greene’s strategy worked to some degree,” Robins said. “Did Joe Pratt get his best day in court? I don’t think anyone can say he didn’t.”