Prosecutors: Nickels motion just a rumor

EPHRATA - Prosecutors called the new evidence in the David Nickels murder case more rumor and unsubstantiated hearsay.

Deputy Prosecutor Tyson Hill responded to Nickels' attorneys motion for a new trial Thursday afternoon. He argued the evidence Jackie Walsh and Mark Larrañaga presented in their motion for a new trial wouldn't change the result of the trial.

A jury convicted Nickels, 31, of Helena, Mont., of first-degree murder on Sept. 6 after about a two-month trial and about five days of deliberation. Nickels was convicted of shooting Munro outside of the Ephrata's man's home because Munro was dating Nickels' ex-girlfriend, Marita Messick

He was scheduled for sentencing Tuesday, but it was delayed after Nickels' attorneys filed their motion, stating they had new evidence showing Ian Libby shot Sage Munro.

Defense attorneys argued witnesses on D Street saw Julian Latimer knock on the window on the morning of Dec. 29, 2009. When the witness let Latimer into the residence, she heard Latimer confess to seeing Libby shoot Munro when they were searching Munro's truck for guns, according to the motion. Latimer reportedly said he thought he was going to be in trouble.

The woman reportedly said Latimer was nervous when he came to the house, according to the motion.

Hill pointed out the witness, who allegedly heard the conversation through a closed door when Latimer was talking to her son, made inconsistent statements in interviews after her initial statement, according to the response. She reportedly changed the time she heard the conversation, the specifics of the conversation and the details of when and why she stopped listening.

Hill also argued the evidence was inconsistent with testimony at the trial, such as where Latimer was and his calm and normal demeanor, according to the response. The results of a polygraph test for the potential witness were inconclusive allegedly because of the medication she was taking.

The deputy prosecutor continued on to another witness the defense attorneys stated would testify to hearing Libby was having a relationship with either Marita Messick or Munro's ex-wife, according to the response. The person Libby reportedly had a relationship with changed depending on when the statements were given.

Defense attorneys argued the relationship would allow Libby to know Munro allegedly kept a gun in his truck, according to their motion. The attorneys pointed out Judge Evan Sperline ruled Libby's ex-girlfriend wasn't allowed to testify about Libby wanting guns from Munro's truck since no corroborating evidence existed, according to the motion. The new witnesses would allow Crystal Tycksen to testify about Libby wanting guns from the truck.

Hill pointed out both witnesses lacked any supporting physical evidence, and neither provided a eyewitness to the shooting.

"The 'new evidence' is not new evidence at all. It is more of the same. It is more rumor and unsubstantiated hearsay that Ian Libby was somehow involved in Sage Munro's murder," Hill stated.

None of the witnesses affected the prosecution's case against Nickels, Hill pointed out. They only dealt with the defense's theory of the crime.

"It could very well be that over the course of the next few days, months, or even years, that additional hearsay rumors will arise implicating Ian Libby, Julian Latimer, Matt Cox, Marita Messick, Amber Harmon or any other individual who knew or associated with Sage Munro in any way. But such hearsay evidence would not be material and would not and cannot justify a new trial," he wrote. "The family and friends of Sage Munro should not be asked to wait any longer to see this case concluded."