LaPlante seeks new trial and attorney


Mar. 26—Robert J. LaPlante is seeking a new trial and attorney less than two weeks after a jury found him guilty of attempted first-degree murder.

LaPlante, 58, of Clarkston filed two motions March 18.

A 12-member jury convicted him of attempting to kill Loyal Otis Dickson Jr. by striking, stabbing and/or cutting him July 14 in North Lewiston. After the jury verdict, 2nd District Judge Mark Monson told LaPlante he had 42 days to appeal.

One of the motions states LaPlante is firing his attorney, public defender Brennan Wright, for not using evidence for his defense and not properly informing him of his rights.

He alleges Wright and the prosecution “have been malice.”

Nez Perce County Chief Deputy Prosecutor April Smith and Deputy Prosecutor Jazz Patzer handled the case for the Nez Perce County Prosecutor’s Office. The motion for a new trial states four new witnesses and new physical evidence to be used in the new trial.

A motion to withdraw as attorney was filed by Wright on March 19. The motion asks for Wright to withdraw from the case based on LaPlante’s request.

Monson scheduled a motion to withdraw as attorney hearing April 3.

Wright, an attorney from Grangeville, was appointed to represent LaPlante after public defender Gregory Dickison filed a motion to withdraw as his attorney in November, which was granted by Monson.

In the motion, Dickison wrote that the attorney-client relationship was “irretrievably” broken. Lawrence Moran was initially appointed as LaPlante’s attorney at LaPlante’s first court appearance in October but had a conflict of interest, which is when Dickison was appointed.

Public defenders were also appointed for LaPlante’s two co-defendants, Timothy W. Allen, represented by Rick Cuddihy, and Kelley A. Wilson, represented by Randy Reed, which meant that those attorneys had conflicts of interest, leading Monson to appoint an attorney outside of Nez Perce County.

LaPlante’s trial took four days and his co-defendant, Allen, testified against him in the trial. The jury took about 70 minutes to reach a verdict. There were 36 people on the witness for the prosecution and 11 people on the witness list for the defense, some of whom were also on the list for the prosecution, as well as several videos, photos and items of physical evidence.

About 15 people testified in the trial for the prosecution, with cross-examination from the defense. LaPlante chose not to testify after going over his rights with Monson and Wright presented one video of evidence for the defense.

LaPlante also cites Idaho Criminal Rule 35 in one of his motions. Idaho Criminal Rule 35 includes correcting or reducing a sentence that must be filed within 120 days. LaPlante’s sentencing is scheduled for May 15.

A defendant can only file one motion for a reduced sentence, according to Idaho Criminal Rule.

LaPlante faces a maximum sentence of life in prison. The maximum penalty for attempted first-degree murder is 15 years in prison, but the jury found that LaPlante is a persistent violator that was convicted of two other felonies, which raises the maximum penalty to life in prison.

Brewster may be contacted at kbrewster@lmtribune.com or at (208) 848-2297.

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