Removal of judge delays arraignment of suspects in Anderson case

MOSCOW - Arraignment for two Moscow men bound over for trial last week on murder and conspiracy charges in the disappearance of Rachael Anderson has been postponed.

Charles A. Capone, 51, and David C. Stone, 50, were bound over to 2nd District Court by Magistrate John C. Judge after he determined evidence shown during a three-day preliminary hearing met the standard for probable cause.

The men are charged for their alleged roles in the death of the missing Clarkston woman, who was last seen in April 2010. Capone and Anderson were in the process of getting divorced when she disappeared.

Arraignment for the men in District Court was scheduled for today, but was delayed following a motion from the Latah County Prosecutor's Office calling for disqualification of District Judge John R. Stegner.

The motion was filed without cause, meaning a reason for the request does not need to be given, said Latah County Senior Deputy Prosecutor Michelle Evans.

Capone and Stone are charged with first-degree murder, conspiracy to commit first-degree murder, failure to notify a coroner or law enforcement officer about a death and conspiracy to commit failure to notify a coroner or law enforcement officer about a death.

Evans said a new arraignment date will be set after Stegner appoints a different judge from within the 2nd Judicial District, which includes Latah, Lewis, Clearwater, Idaho and Nez Perce counties.

The trial is still set to take place in Latah County, Evans said.

Both men remain in custody of the Latah County Jail.

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Rudd may be contacted at erudd@lmtribune.com or (208) 791-8465.