NorthwestMarch 6, 2014

Idaho Court of Appeals finds no fault with lower court in convicting man of murdering Tonya Hart

David Meister
David MeisterTribune/Barry Kough

The Idaho Court of Appeals upheld David Meister's 2011 convictions this week for killing Tonya Hart more than a decade ago in Moscow.

A Latah County jury originally convicted Meister of murder and conspiracy in 2003, and a judge sentenced him to two life terms in prison. But the Idaho Supreme Court ordered a new trial because the judge failed to admit evidence that another person could have killed Hart.

A second jury convicted Meister on the same charges, and he was again sentenced to two life terms. But Meister appealed, contending that 2nd District Judge Carl B. Kerrick erred by limiting the testimony of an expert witness hired by the defense.

Before Meister's second trial, Kerrick said sociologist Richard Ofshe could only testify in general about his theories regarding false confessions, and not offer his opinion on whether Meister's confession to police was truthful. Meister recanted the confession before his first trial.

Meister's state-appointed defender for the appeal, Sara Thomas, argued that Kerrick abused his discretion by limiting the testimony. But the appeals court didn't even address that argument because the defense connected Ofshe's theories to Meister's interrogation by Moscow police in an attempt to show that the confession was coerced.

"Even if it was error to further limit Dr. Ofshe's testimony, the information Meister sought to get before the jury - specifically information regarding the application of Dr. Ofshe's theories to the facts of the case - was presented to the jury during defense counsel's closing statement," Judge David W. Gratton wrote in the ruling, calling any error "harmless."

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The appeals court also found that the state presented overwhelming evidence of Meister's guilt, including his purchase of the same type of gun used to kill Hart, footprints in the snow near the crime scene that matched shoes he reportedly owned, and witness testimony about a man matching Meister's description near Hart's residence.

The court also pointed out statements Meister made after the shooting, including a detailed confession to the father of a close friend.

"Meister has failed to demonstrate reversible error," Gratton wrote, with Judge Karen L. Lansing and Judge John M. Melanson concurring.

According to court records, Meister shot Hart once in the face and once in the chest when she opened the door of her trailer on U.S. Highway 95 north of Moscow on the night of Dec. 11, 2001. In his confession, Meister alleged that Hart's boyfriend, Jesse (Shorty) Linderman, paid him to kill her. Linderman was never charged with a crime.

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Mills may be contacted at jmills@lmtribune.com or (208) 848-2266.

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