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Hearing in Sagle murder postponed

by Keith KINNAIRD<br
| December 17, 2008 8:00 PM

SANDPOINT - Another preliminary hearing was postponed Wednesday for a Sagle man accused of first-degree murder.

The hearing to determine whether enough evidence exists to justify trying James M. Anderson on the charge was put off because the defense is still awaiting discovery materials, according to court documents.

Discovery is the pretrial disclosure of pertinent facts and documents in a court proceeding.

The state and the defense, which moved jointly for the continuance, are also making arrangements for a day-long preliminary hearing, court documents indicate. A new hearing date is pending, although attorneys are asking for it to be held next month.

Anderson, 28, has waived his right to a speedy preliminary hearing, court records show.

Anderson is accused of shooting 30-year-old Eli Holt to death on the night of Thanksgiving. Holt was shot in the head with a .44 magnum outside Anderson's home, according to probable cause hearing testimony.

Anderson allegedly made statements to an investigator suggesting the shooting was accidental.

A Bonner County Sheriff's detective testified during that hearing that the deadly confrontation between Holt and Anderson could be connected to an Oct. 1 battery Anderson allegedly committed on a friend of Holt's.

Patrick Keith Eroso Ziarnick, 29, allegedly played a primary role in the attack in the Unicep Packaging parking lot and is awaiting trial on a misdemeanor battery charge. A witness to the attack identified Anderson as a possible suspect, but Sandpoint Police didn't seek charges against him until after Holt was slain.

Anderson is pleading not guilty to the battery charge and a trial in the magistrate division of 1st District Court is pending.