Lorne Red Elk murder trial delayed

POCATELLO — About seven years ago, a man was found severely beaten outside Duffy’s Bar and Grill in Pocatello. Three days later, Lorne Red Elk died from his injuries.

Five years later, Pocatello Police arrested Martin Edmo Ish for Red Elk’s murder. It’s been a year since those charges and prosecutors were finally ready to begin the trial next week until they ran into a problem.

This is one of two cold case murders prosecutors have on their plate, and because it’s a cold case, prosecutors tell KPVI, they discovered new evidence that didn’t make it to their office. Although they’re disappointed, they say there’s a lesson learned in all of this.

Bannock County Prosecutors have been preparing for months for one their “Cold Case” murder trials.

Stephen Herzog the Bannock County Prosecutor says, “The two weeks leading up to a trial is obviously really hectic, you’re trying to make sure you know you’ve got your case prepared.”

Last year Martin Edmo Ish was charged with murder for the death of Lorne Red Elk in 2009. Now a week from the scheduled trial prosecutors say after speaking with lead investigators last week, they discovered new evidence. “While we were talking to him, we found out that some information that the police had in their file, that for whatever reason hadn’t ended up in our office,” Herzog says, “So we hadn’t had the opportunity to disclose that information to the defense.”

Prosecutors say this is a lesson learned, and this will change the way they operate and communicate. Herzog says, “It’s a disappointment, and you know I feel bad that this happened, but it’s far better to learn about this information now than if there were a trial and there were a conviction. And then find out… it may end up… that might lead to having a new trial.”

With a new date in the works, Prosecutors hope this will give everyone adequate time to prepare. “Mr. Ish is presumed innocent and that’s true from the day he was charged, its true today. It’s true all the way through the trial, and if the jury decides different,” Herzog adds, “So be it, but there’s a presumption of innocent it’s with him now and we just wanna make sure the whole process is fair to everyone involved.”

The judge assigned to that trial has not finalized a new date yet, and it could take a few days to schedule.

This story originally aired on KPVI. It is posted here with permission.