NorthwestMarch 8, 2024
Evidence and statements from Robert LaPlante will be allowed as case goes before a jury Monday
Kaylee Brewster Of the Tribune

Second District Judge Mark Monson denied all the motions filed by the defense team for Robert J. LaPlante in the days before his attempted murder trial.

LaPlante, 58, of Clarkston, was indicted in October for allegedly striking and/or cutting and/or stabbing Loyal Otis Dickson Jr. in July in North Lewiston. His trial begins Monday and he faces a maximum penalty of 15 years in prison as well as a $50,000 fine, but a persistent violator enhancement could raise the maximum penalty to life in prison.

LaPlante’s public defender, Brennan Wright, filed motions in January regarding the suppression of evidence and statements from LaPlante when he was detained by Clarkston police. He argued that Clarkston police didn’t have reasonable suspicion to stop LaPlante based on information from Lewiston police and were required to make their own independent reasonable suspicion.

He also asked for a change of venue for the trial because of a potential bias of the jury pool and to compel the victim to talk with LaPlante’s defense team.

Nez Perce County Chief Deputy Prosecutor April Smith argued that the stop of LaPlante was allowed because of the reasonable suspicion shared by law enforcement, therefore the statements and evidence were admissible.

Smith also asked Monson to deny the other motions saying that it was too soon to determine if the jury pool was biased and Idaho law protects victims from speaking with the defense other than at trial.

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Monson and the attorneys discussed the motion Feb. 16 and had another hearing to prepare for trial Feb. 27. At the motion hearing, Monson stated he was going to deny the motion to compel the victim to speak with the defense, and the motion to change venue was premature.

In a brief written Tuesday, Monson said the reasonable suspicion of the vehicle LaPlante was driving extended to the Washington border and that Wright didn’t provide evidence to support that reasonable suspicion stops at state borders. In the incident, Lewiston police requested that Clarkston police stop the vehicle, which was appropriate and didn’t violate the Fourth Amendment, according to court documents.

Monson also decided the search of the vehicle didn’t violate the Fourth Amendment because it was only impounded when LaPlante was detained and wasn’t searched until law enforcement received a search warrant, according to court documents.

Regarding statements LaPlante made to officers before and after he was given Miranda warnings when he was detained by Clarkston police, Monson wrote that LaPlante consented to speaking with officers, so those statements were allowed in the trial, according to court documents.

LaPlante also consented to a search of his home by law enforcement, where evidence was taken, which Monson upheld, according to court documents.

Monson also denied the motion for a change of venue and for the defense to talk to the victim, which was noted in the hearing, according to court documents.

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

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