Capone defense requests forensic pathologist | Crime
The Defense Attorney for Charles Capone, the Moscow man accused of killing his estranged wife Rachael Anderson in April of 2010, has filed a motion in Latah County Second District Court asking for the state to pay for a forensic pathologist.
But Latah County Prosecuting Attorney Bill Thompson filed an objection to the motion, saying that not only is there no need for such services, the pathologist that Defense attorney Mark Monson is proposing at a rate of $400 an hour is not reasonable.
Capone is charged with being a principal to 1st-degree murder, conspiracy to commit 1st-degree murder, failure to notify a coroner or law enforcement officer of a death, and conspiracy to commit failure to notify a coroner or law enforcement officer of a death. Officials believe that Capone killed 40-year-old Rachel Anderson on April 16, 2010. His trial is set for March 31st.
A second man charged in the case, 50-year-old David Stone, last month changed his plea to guilty to failure to contact a coroner or law enforcement of a dead body. He is out on $25,000 bond pending sentencing.
The Asotin County Sheriff's Office, with the help of the US Coast Guard and other outside agencies, has recently searched for the Clarkston woman's remains in the Snake River near the Red Wolf Crossing Bridge after receiving information from Stone, but the searches have not been successful.
Monson wrote in his motion that he would like to retain the services of Dr. Todd Grey, an expert in forensic pathology, to review records and discovery materials, and to assist with the forensic aspects of this case at the expense of Latah County.
"In representing Mr. Capone, it has been necessary to retain the services of an expert in the field of forensic pathology. The state has disclosed evidence of death by strangulation. It is necessary to consult with a forensic pathologist regarding the alleged manner of death and the type of evidence expected in such a death," Monson wrote.
Monson says it is necessary for an expert to review all relevant discovery materials and conduct whatever tests may be deemed necessary in order to assist counsel in representing his client, and failure to retain the assistance of such an expert would result in inadequate representation of Capone.
"I have contacted Dr. Todd Grey, MD, regarding obtaining assistance in this case. Dr. Grey is the Chief Medical Examiner for the State of Utah Medical Examiner's Office located in Salt Lake City, Utah. Dr. Grey's rate schedule is $400 per hour," Monson stated.
But Prosecutor Bill Thompson says at this point, there is nothing in this case for a forensic pathologist to examine or offer opinions.
"There are no human remains, there has been no forensic pathology examination or opinion rendered on behalf of the State that the defense would need to assess or respond to and, in sum, there is no articulable reason for involving the services of a forensic pathology expert."
Thompson stated in his objection that if the defense can identify a reason for forensic pathology examination and/or opinion, "the State is prepared to seek out such services at a more reasonable expense than the $400 per hour proposed by the defense – again, assuming that it can be demonstrated that such services are necessary."
A hearing on the motion is scheduled for February 10th.