Defendants in first-degree murder case appear in court in separate hearings

Two co-defendants in a death penalty first-degree murder case, Nicholas D. Umphenour and Skylar W. Meade, appeared Tuesday in separate court hearings by Zoom.

Umphenour, 29, and Skylar Meade, 32, were both indicted by a grand jury for first-degree murder in the death of 83-year-old James Mauney, of Juliaetta, after the two planned a prison break in Boise in March. Both hearings took place Tuesday before 2nd District Judge Michelle Evans, with the defendants appearing by Zoom at the Nez Perce County Courthouse.

During the hearing for Meade, public defenders in the courtroom, Anne Taylor and Rick Cuddihy, discussed several motions in the case. Some of the motions were related to Meade’s appearance on Zoom, transport to the jail for the hearings and his conditions at the jail.

Nez Perce County Chief Deputy Prosecutor April Smith asked for more time to respond to the motion by the defense. She said she received the lengthy document less than a week ago. The document raised many issues and she would need more time to research and present evidence. Smith asked the court for two weeks and to allow for witnesses to testify over Zoom.

Although Taylor acknowledged that Smith had just received the motion and it was lengthy, she objected to having it continued for two weeks. She stated that the issues the motion brought up have been in place for a long time — that being Meade’s housing status at the jail. She described that Meade is in his own pod and he’s locked in a cell 23 hours a day. Taylor can only visit with Meade on Tuesdays, Wednesdays and Thursdays because of staffing issues at the jail. Taylor pointed out that the trial is less than two months away and the conditions are impacting him.

Taylor has worked with prosecutors to come up with solutions but they haven’t come to a resolution.

Several dates were discussed to have the hearing in a timely manner, while accommodating holiday schedules, court trials and jail staffing. Taylor also wanted Meade to be present in order to have the opportunity to discuss witness testimony with him. Smith said the issue with having Meade be present at the hearing was arranging transport in such a short time because it would require enough jail staff and SWAT.

Evans said if the new courthouse was complete, those concerns for security would be alleviated because it has increased security and separate holding areas so inmates don’t interact with the public. At the current courthouse, inmates are transported through areas accessible by the public.

Smith offered a “creative suggestion” of having the hearing at the jail. Taylor added that doing so would also allow the court to see the area and conditions in which Meade is being housed. Evans agreed, saying it would remove issues both attorneys had regarding transport to the courthouse.

“I think this will work; we’ll make it work,” Evans said, as she discussed making other accommodations for court employees and recording equipment.

Evans scheduled the hearing for Dec. 19 at the Nez Perce County Jail.

“(I) never held court in jail,” she said.

Evans also agreed to let local witnesses testify in person and those out of the area to testify by Zoom.

While that solved the issue for the Dec. 19 hearing, other motions were discussed in the case regarding Zoom and transport to the courthouse with another hearing on Jan. 10. Taylor said using Zoom for some hearings was acceptable to the defense but other hearings, especially ones with witnesses, they wanted to be in-person. Taylor acknowledged there was some discussion with the prosecutor’s office on allowing Meade to be in person for those hearings, but again were faced with issues of transport. Evans said they would take those up on a case-by-case basis.

Evans also took up a motion to compel evidence from the defense pertaining to audio and video transport of Meade from the Lewiston-Nez Perce County Regional Airport to the Nez Perce County Jail, and search warrants in the case. The motion to compel asks that those pieces of evidence be given to the defense because it hasn’t been received.

In regard to the search warrants, Smith said there have been “numerous” agencies involved and the prosecutor’s office is working on verifying and gathering those to provide for the defense as well as other items of evidence.

“As the court knows, there is a huge amount of discovery in this case,” Smith said. “We have been focusing on getting everything we can to the defense.”

Taylor said she understands some of those documents might not have come from the Nez Perce County Prosecutor’s Office, but they have been available for a long time. She requested the court give an order to provide those documents, considering the trial — a death penalty case — is scheduled for Feb. 3.

Smith objected to giving the defense the audio and video footage of Meade’s transport to the jail. Smith questioned why the information was relevant to Meade’s charge of first-degree murder. She was also concerned that giving Meade access to the video would be a threat to future transfers because it shows law enforcement security procedures.

Smith also noted the request came around the same time a civil suit was filed. A civil case was filed Aug. 13 with Taylor listed as the attorney and Meade listed as the defendant. No other information on the civil case is available as the case is sealed.

Taylor said the files were requested in August, the defense issued a motion to compel Nov. 9 and only received an objection last night, which Taylor noted was outside of the 14 day limit to object. She outlined that the information in those audio and video files showed that when Meade was transported to the Nez Perce County Jail he was strapped to a board with a bag over his head.

Taylor asked that the court order prosecutors to give those files within 48 hours. Evans granted the request, with a stipulation that they not show the material to Meade for security reasons.

Before Meade, Umphenour had his hearing with his two public defenders, Brian Max and Bryan Hall appearing by Zoom from Boise. Marx and Hall also discussed having their client appear over Zoom. They asked Evans to change an order directing Umphenour appear by Zoom unless otherwise ordered by the court. Smith requested that the order remain in place.

In his argument objecting to the order to have Zoom court appearances, Marx said he was not opposed to having certain court hearings over Zoom or if weather impacted travel, but objected to all hearings taking place over Zoom. He said Umphenour and Meade were able to be transported to the Ada County Courthouse without any security issues and there have been no concerns since his time at the Nez Perce County Jail. Marx said that he “has every faith” Nez Perce County deputies will be able to safely transport Umphenour.

Marx was also concerned about privacy with his client if all hearings were done over Zoom because when Umphenour appears at the jail there is a deputy present that can hear their conversations. Marx asked that Zoom only be used if all parties agree it’s appropriate.

Evans asked Marx if he had ever been to the Nez Perce County Courthouse and Marx said he hadn’t been there in a while.

“Let me just say it’s not Ada County,” Evans said.

Evans explained that if Umphenour appeared in person, the courthouse will probably be closed, which she said they are willing to do if necessary. Evans noted that the order doesn’t prohibit in-person hearings but only when it’s otherwise ordered by the court. Evans told Marx she would allow Umphenour to be in person at the courthouse for evidentiary hearings, jury selection and for his trial. Evans also said some attorneys appear on Zoom with their client at the jail, which gives them more privacy.

In her argument, Smith agreed with what the court outlined and agreed with the types of hearings that would be on Zoom and in-person.

Evans then denied the objection with the caveat that Umphenour could appear in person for evidentiary hearings, jury selection and the trial.

Umphenour will be arraigned Thursday, appearing by Zoom.

Brewster may be contacted at kbrewster@lmtribune.com or at (208) 848-2297.