Attorney for Oldhorn files motion to dismiss

One of four men accused of taking part in a 2005 homicide had bail set at $500,000 last Wednesday as all four cases continue to take shape.

Clifford Oldhorn, 30, remains behind bars at the Lake County Jail after his Dec. 15 omnibus and bail hearing. District Court Judge C.B. McNeil set a March 14, 2011 jury trial date.

Citing co-defendant Nathan Ross’s $50,000 bail, defense attorney Ron Piper asked the court for a $25,000 bond in his client’s case, claiming his client is less culpable in the alleged crime than Ross.

“My client is the one who first came forward,” Piper said. “There would be no case without my client.”

Lake County Attorney Mitchell Young, the prosecutor in the case, said Oldhorn’s confession and importance as a witness makes his safety extremely important. Out of jail, Young said, Oldhorn would be susceptible to retaliation for speaking out about the alleged murder of Harold Mitchell in July 2005. Oldhorn’s roots in Spokane, Wash., and potential punishment if convicted of deliberate homicide make him a flight risk, Young said.

“He has essentially confessed twice to the police and the state has a witness that said he admitted involvement before he contacted the police,” Young said.

But Piper filed documents shortly after the hearing asking for the court to dismiss the “present charge of Deliberate Homicide” based on an agreement not to prosecute. Piper cites letters dated Dec. 3 and 7, 2007, signed by Young and Lake County Undersheriff Jay Doyle, respectively, as implying Oldhorn would be given immunity for his cooperation with the state against his co-defendants Kyle Brown and Nigel Ernst, who remain jailed in Lake County on the same charge with no given bond; Ross remains freed on his $50,000 bond.

Piper also filed a motion to exclude statement from trial due to involuntariness, claiming interviews in April of 2008 and 2010 were involuntary, despite the fact Oldhorn was read his Miranda rights before both discussions.

“Both statements were rendered involuntary, or the Miranda waivers were involuntary, due to being induced by promises of immunity or an agreement not to prosecute that were not kept, or because the Defendant reasonably misunderstood the scope of the immunity letter and agreement, expressed that confusion and the State’s agents failed to correct the misunderstanding or actually contributed to it by misleading the defendant as to the scope of the agreement not to prosecute,” the motions reads.

According to a criminal affidavit related to the case, Oldhorn wrote a letter to Doyle in April 2008 saying that he was a witness to the homicide of Mitchell, and that he was willing to give a statement about the incident. Both Doyle and Lt. Mike Sargeant, who was undersheriff at the time of the crime, traveled to Great Falls, where Oldhorn was incarcerated on an unrelated conviction.

During the subsequent interview, Oldhorn said that he, Ross, Ernst and Brown traveled to St. Ignatius with the intent of robbing Mitchell. Once there, Oldhorn said Brown started beating Mitchell at his home to force him to reveal the location of the money they thought he had on hand. The scene apparently became too much for Oldhorn, who claimed he couldn’t bear to watch the beating, and exited the house. He said he stayed close to the residence and could hear Mitchell yelling inside.

As he waited outside, Oldhorn said Ross came out and grabbed a gas can from one of their vehicles and took it inside the house with him. A while later, the affidavit states, Ross and Ernst exited the residence and the two men and Oldhorn returned to Dixon in Ernst’s vehicle.

After the interview with Oldhorn, the two detectives interviewed Ross a few weeks later. Ross confirmed what Oldhorn had said, and added new details about the night from the perspective of someone inside the residence. The affidavit states that Ross said that after Mitchell was dead, Ernst told Ross to “clean up the scene.” Ross said he then went outside to retrieve the can of gas and brought it back inside the house, where a blood-covered Mitchell lay on the floor. Ross doused the body in gasoline before leaving for Dixon in Ernst’s vehicle.

Ross’s trial was originally scheduled for Nov. 15, but was postponed and has yet to be rescheduled. Ernst is scheduled for a jury trial on Feb. 28, 2011 and Brown is set for May 2, 2011.

Piper said he expected all defendants to file a motion for a change of venue because of media scrutiny surrounding the case.