Suspect's omnibus hearing rescheduled
<p>Nathan Calvert, center, confers with his legal counsel during an appearance in court.</p>
THOMPSON FALLS – Nathan Lee William Calvert’s omnibus hearing was rescheduled to April 16 at 10 a.m. due to the defendant not receiving a mental evaluation as ordered by the court.
The Montana State Hospital in Warm Springs was unable to evaluate Calvert because of space limitations and County Attorney Robert L. Zimmerman stated that hopefully the evaluation will take place in early March.
Calvert’s attorney, Steven N. Eschenbacher, asked Judge Deborah K. Christopher to enter a plea for his client.
“Your honor, I’d ask the court to enter a not guilty plea at this time for (Calvert) because until we have a full evaluation, I don’t want to make pleas that are going to be a problem,” said Eschenbacher.
Because of the circumstances raised on Calvert’s first appearance on Dec. 20 in Lake County, Judge Christopher was unable to accept a plea pending the resolution of the evaluation.
“The fact that we are now over a month into a case with an order signed at the time he first appeared on Dec. 20 and we haven’t even had a chance to do what it was the court ordered then, that does cause the Court some concern,” said Judge Christopher.
They evaluation which Zimmerman hopes will occur in March can take up to 90 days to perform, however the Judge stated that it typically does not take the full amount of time.
During the hearing, Calvert hung his head low and answered each question presented to him somberly.
Zimmerman stated that at this time, it does not appear the state will be seeking the death penalty.
Calvert allegedly murdered Doug Morigeau of Dixon, stabbing him 54 times and slitting the throat of his wife Cheryl who escaped the attack.
Calvert has been charged with deliberate homicide, aggravated burglary and robbery in the wake of the deady home invasion.
Judge Christopher stated that unless the state provides notice that they intend to seek the death penalty, the maximum possible penalty the first offense would be life imprisonment in the Montana state prison for a term of not less than 10 years, no more than 100 years.
With regards to the second count of aggravated burglary, the maximum possible penalty is a term not to exceed 40 years or be fined an amount not to exceed $50,000 or both.
In regards to the robbery, the maximum punishment is imprisonment in the Montana state prison for a term of not less than two years, nor more than 40 years and may be fined not more than $50,000.
Judge Christopher stated that she plans to set a trial date, however, the date will be open to continuance if deemed appropriate by the court.