David Nickels denied new trial

EPHRATA - David Nickels' request for a new trial has been denied by Grant County Superior Court.

In a ruling on Tuesday, Grant County Superior Court Judge Evan Sperline denied a request from defense attorneys who had argued they had new evidence pointing toward another man as the killer of Sage Munro, Ephrata Dec. 29, 2009.

The 32-year-old Nickels from Helena, Mont., was convicted in September 2012 of first-degree murder after six weeks of testimony and five days of jury deliberation.

During the trial, the prosecution argued that Nickels hid outside and shot the 35-year-old Munro as he was leaving his house. Reportedly, Nickels was angry at Munro for dating his ex-girlfriend.

The defense argued that another Ephrata man was the shooter, not Nickels.

After Nickels was convicted in September, attorneys asked for a new trial because they claimed they had new evidence that suggested Nickels wasn't the one who shot Munro. Defense attorneys claimed the other man confessed to murdering Munro to two inmates while he was in jail for an unrelated crime.

Prosecutors reacted to the allegations of new evidence by filing police reports about an interview detectives did with one of the inmates the other suspect allegedly confessed to. The defense responded by saying the new police reports violated Nickels' right to confront witnesses. The attorneys requested another hearing so they could question the new witnesses brought in by the police reports.

In denying the request, Sperline said the right to confront witnesses doesn't extend to hearings held after the initial trial.

Sperline also denied a motion from Nickels' defense attorneys in February.

In the February ruling, Sperline determined that the defense had established the mismanagement prong necessary for dismissal. However, the second, prejudice, prong was not established. Sperline concluded that the apparent mismanagement by law enforcement wouldn't have affected the outcome of the trial.

Sentencing for Nickels is scheduled for April 12. He faces up to 27 years in prison.