LIVE UPDATES | Day 7: Murder trial for Brad Compher, man accused of killing Nori Jones

Day seven of the trial for Brad Compher is underway in Bannock County. Compher is charged with one count of murder with a deadly weapon enhancement for the 2004 stabbing death of 25-year-old Nori Jones. EastIdahoNews.com reporter Kalama Hines is in the courtroom and will update this story with the latest developments all afternoon.

UPDATES

3:42 p.m. Adjourned for the weekend. We will be back Monday morning.

3:40 p.m. Gabiola asks if the attorneys will agree to meet at 7 a.m. to discuss intersections. Both sides object. Gabiola jokingly says, they’re both overruled. Then says meeting will be in the afternoon.

3:38 p.m. One juror seemed legitimately surprised as Andrew says the defense rests. The rest were unfazed.

3:36 p.m. Gabiola’s ruling: a hybrid. Attorneys will decide on instructions tomorrow. Jury will return Monday for closings, then be given the case.

3:35 p.m. State will not call rebuttal witnesses. Proctor asks Gabiola to consider giving the case to the jury tomorrow. He says, after closing and instructions, the case could be handed over by 2 p.m.

3:33 p.m. I apologize. Gabiola does NOT want the jury to take the case until Monday. Closings will be tomorrow, followed by jury instructions. The jury will take the case Monday.

3:16 p.m. Radford says State will re-call rebuttal witnesses. He expects closing arguments tomorrow. Gabiola would like the witness instruction be given tomorrow so deliberations can begin tomorrow, rather than sending jury into weekend recess before assigning it the case.

3:13 p.m. Andrew says they discussed with Compher his right to testify. Compher has decided not to testify.

3:13 p.m. Gabiola sustains objection. That info will not be admitted.

3:12 p.m. Trammell says the State does not understand the relevance of a name being written on a water heater months after the murder.

3:10 p.m. Andrew wants to address three matters outside the presence of the jury before resting.
One thing: the graffiti on the water heater includes the name “Robert Spillett.”

3 p.m. Had to confirm with Brian Trammell, prosecuting attorney, because I thought I misheard. Trammell heard the same thing — “Defense is prepared to rest.” We could be back in minutes with closing arguments.

2:52 p.m. Stone is excused. Defense requests a five-minute recess.

2:50 p.m. Price asks if it was possible her name, phone number and address could have been in the phonebook that also listed Nori’s info. Stone says it could have been.

2:50 p.m. Stone says the truck was registered to Spillett’s brother and detectives did not know for certain if Spillett was the primary user.

2:48 p.m. Price on cross. Stone says it was Collins, the lead detective, who was in charge of having things forensically tested.

2:47 p.m. While searching Spillett’s home and truck, officers found a phonebook with Nori’s address listed.

2:45 p.m. A brief break while the jury is shown the picture of Spillett’s truck.

2:42 p.m. Stone shown pictures of Spillett’s truck — a white Ford.

2:40 p.m. Stone says the only way he could say which items were taken for testing is by going through logs to compare them number by number.

2:40 p.m. A blanket was recovered. It had blood stains and stab marks. Stone cannot say if the blanket was tested.

2:37 p.m. Other sets of evidence were collected at different points — including at the funeral home prior to the autopsy. Again, Stone cannot say with certainty which of those items were tested.

2:36 p.m. Stone signed off on 84 items of evidence from the scene. He believes he took around 78 to the lab to be tested.

2:35 p.m. Stone says that because he was a narcotics detective, he was not privy to which items were and which weren’t tested.

2:34 p.m. Stone says that he does not know if some of the evidence was ever forensically tested.

2:32 p.m. Stone confirms that he signed off on evidence with info. provided by the officer who collected them. He could not say the collection point was as listed.

2:31 p.m. Proctor asking Stone for reasoning behind the labeling of evidence.

2:25 p.m. Stone signed every page of evidence collection.

2:23 p.m. Defense seems to be focused, again, on evidence collection and potential contamination. It re-calls Det. Stone, the custodian of evidence at the scene.

2:17 p.m. After a few clarifying questions, Harris is dismissed. Det. Sellers re-called next. He is being asked about evidence collection process.

2:12 p.m. Defense re-calls Pocatello PD detective Matt Harris.

1:45 p.m. recess. back at 2.

1:43 p.m. Defense’s next witness is Kirk Howe, former Pocatello PD detective.

1:40 p.m. Doug says he saw Compher go over to the house but never saw him go in.

1:38 p.m. Radford on cross, asks if Compher was “athletic” in 2004. Doug says he was never “athletic” but he was strong.

1:36 p.m. Asked to describe Compher’s physical stature, Doug says Compher used to be “husky” and “well-built,” now he’s “skinny as a rail” and looks like he has to run around in the shower to get wet.

1:35 p.m. Doug says Kevin did not rent the house after Nori’s murder. Doug says he and Compher were working on the house before Nori’s murder.

1:34 p.m. Compher was at the house for toward the house for long enough to get water. But he does not know what Compher did at the house.

1:33 p.m. Doug says he went to the house to get water while working for Doug.

1:32 p.m. Doug is familiar with Nori’s home. He stored some things at the house. Doug says Compher did work at Nori’s home for Doug.

1:29 p.m. Defense’s next witness is Doug Coffin, Kevin’s brother. Proctor on direct. Coffin says he knows the defendant — he looks at Compher and says, “Hi, Ralph.” Compher says hello.

1:28 p.m. Re-direct. Coffin says, as far as he knows, no one was there before the murder to fix the water heater. He would be surprised if Nori paid to have it looked at herself.

1:26 p.m. Trammell on cross. Coffin testifies that there was no access to the main house from the crawl space where the water heater was kept. He also says the house could have been well-known in 2005.

1:24 p.m. COffin is being shown numerous pictures of this water heater. We still have not seen the pictures or had any relevance explained.

1:20 p.m. The exhibit is a picture of the water heater with the graffiti. The photo is admitted as evidence. Again, this is graffiti found on a water heater in June 2005 — almost a year after Nori was murdered.

1:19 p.m. Coffin being given an evidence exhibit. Still on this water heater direction.

1:15 p.m. Coffin says someone broke into Nori’s home in June 2005. He said someone kicked in the door. There was graffiti on a water heater — in red marker. He says whatever was written was not nice.

1:12 p.m. State’s next witness is Kevin Coffin, Nori’s landlord.

1:10 p.m. Brennan says Spillett cooperated with the investigation and denied any involvement in the murder.

1:09 p.m. Brennan says he heard the murder scene “brutal” from another person. Trammell asking about SPillett not knowing Nori’s actual address until he saw news reports of the murder.

1:09 p.m. Trammell will handle cross.

1:07 p.m. Andrew wants to admit evidence that Spillett had difficulty sustaining and maintaining an erection. He says this will go to the DNA findings that there was male DNA on Nori but no evidence of sperm.

1:05 p.m. We are back, outside the presence of the jury, with Brennan still on the stand. After reviewing his interview with Spillett, Brennan says Spillett said he has only had sex with his wife. State objects to that evidence being brought to the juror — Gabiola sustains.

11:53 a.m. Lunch. Back at 1:15 p.m.

11:50 a.m. Spillett wondered about Nori having a double-life. He also spoke about masturbating to thoughts and fantasies of Nori.

11:49 a.m. Spillett did not speak about his sexual partners in interviews concerning this case.

11:48 a.m. Gabiola does not allow Andrew to ask Brennan about the dream. Andrew asks to take up outside presence of jury. Gabiola sends jurors to lunch. They will be back at 1:15.

11:42 a.m. Brennan recalled. Spillett described the crime scene as “brutal,” Brennan says.

11:36 a.m. Daniels does not consider the injuries “significant.” He says they seem older, smaller, with no swelling.

11:34 a.m. Daniels shown pictures of Spillett’s wounds.

11:30 a.m. Radford now challenging the fact that SPillett’s description of the scene changed, and that several details were incorrect.

11:29 a.m. Radford asserts that SPillett may have gotten some facts about the scene from the rumor mill — several non-officers did see the scene.

11:27 a.m. Jury is back.

11:12 a.m. Jury is again excused. 10-minute recess

11:04 a.m. Andrew jumps back to the dream. Asks Daniels if Spillett said anything about seeing blood — Daniels says Spillett said he did not see much blood.

11:03 a.m. Spillett said, when he saw Nori at Ridley’s six to eight months prior to the murder, he had just been served divorce papers and was interested in a relationship with NOri.

11:01 a.m. Daniels shown a picture. He says the picture does show the injury to Spillett’s palm

10:58 a.m. Daniels shwon a picture he describes as the injuries to Spillett’s hand.

10:57 a.m. Daniels does not recall if the palm cut was discussed. His report only mentions the injury sustained while working on the car.

10:56 a.m. Spillett had cuts on the back and palm of his hand, Daniels says. He said the cut on the back of his hand while working on his car.

10:53 a.m. SPillett said that he recalls being on the bed, then on the ceiling. Says he had a physical altercation with Nori, in his dream.

10:52 a.m. Daniels says Spillett described needing to go through the kitchen to get to Nori’s bedroom — Daniels says that description was correct.

10:51 a.m. The cuts and color of the bed sheets matched, Daniels says, as does SPillett’s description that Nori’s walls were green — Nori’s walls had green on them, Daniels says.

10:51 a.m. Spillett also says, in his dream, he saw Nori with cut marks on her legs.

10:49 a.m. Gabiola overrules the objection and will allow the evidence be presented to the jury.

My opinion: the dream does not match the scene SPillett describes Nori as being on the ground, on her back, with her knees up toward the ceiling. She was found in her bed, on her stomach. With the changes of the sheet color, the details don’t really match.

10:47 a.m. Radford suggests Spillett may have gotten some details abotu the scene from media coverage. Radford says the fact that there is no confirmation for how Spillett got the description. He also says that description does not sound, to him, like the actual scene.

10:45 a.m. Daniels says SPillett found NOri’s actual address in a news report form the murder. Daniels says the address he found in the phonebook was incorrect.

10:44 a.m. Daniels says Spillett did “Assert” that he was innocent. Daniels telling Radford that Spillett’s description of Nori’s body did change. Daniels also says there was never a white leotard found at the scene.

10:42 a.m. Information about the scene was not made available to the public, Daniels says.

10:41 a.m. Spillett’s description was “very close” to the actual crime scene, according to Daniels. Spillett was shown pictures of the scene after the statement about the dream.

10:40 a.m. Daniels says the dream was significant because some of the details Spillett offered details that matched the scene.

10:40 a.m. Andrew will make “an offer of proof.”

10:38 a.m. Back to the dream. Radford objects. Asks for jury to be excused to determine if evidence to be presented will be “reliable.”

10:37 a.m. Spillett tried to find ways to contact Nori. Looked in the phonebook and found her address and phone number listed — said he was surprised she was listed.

10:37 a.m. Spillett saw Nori at the store. He told detectives Nori treated him differently at the store than she had at work.

10:35 a.m. Daniels says Spillett only spoke about seeing Nori outside of Job Service when he ran into her at Ridley’s.

10:32 a.m. Daniels brings up the white leotards. Spillett pointed out to multiple detectives that Nori wore white leotard. Daniels says Spillett knew about the ring and was curious about her relationship status. Brennan testified to something different.

10:30 a.m. Andrew building to the dream.

10:27 a.m. Daniels describes the scene — Nori’s bed, specifically.

10:26 a.m. Det. Ralph Daniels returns to the courtroom. Radford asks if these questions can be asked outside the presence of the jury. Objections incoming.

10:25 a.m. Jury returns. Brennan will be dismissed so Daniels can be re-called.

10:24 a.m. Andrew is meeting with Fry and Proctor. They are trying to find another angle. Sounds like they are going to re-call Det. Daniels for the same line of questioning.

10:23 a.m. Gabiola sustains objection.

10:23 a.m. Andrew says that in the opinion of the defense, Spillett was not describing a dream, he is attempting to confess without confessing.

10:22 a.m. Andrew defending the dream. Says his changes are an attempt to back away from his story.

10:20 a.m. Trammell is a very soft-spoken and friendly guy. This is the most bite I’ve ever seen from him. He says the dream is unreliable as potential evidence.

10:19 a.m. Brennan says at one point Spillett was shown pictures of the crime scene. Says he only knows about that because it was noted in reports. Pictures may have been shown to Spillett before he first mentioned the dream.

10:18 a.m. Second time Spillett brought up dream, he said Nori was nude in his dream. Trammell asks, “so, he described a dream that changed form one day to the next.” Brennan says the color of sheets also changed in Spillett’s telling of the dream.

10:16 a.m. Brennan says, in his dream, SPillett saw Nori on the ground wearing a leotard. Trammell getting aggressive with questioning. Asks Brennan if he’s familiar with the crime scene.
Nori was nude and in her bed.

10:15 a.m. On record outside presence of jury: Trammell says allowing Spillett’s dream to be discussed in front of the jury is a bell that cannot be unrung. He wants to know where this is going.

10:13 a.m. Trammell continues his objections as Andrew tries to find an angle to get Spillett’s dream on the record. Jury again being excused.

10:11 a.m. Brennan says Spillett told him about sexual fantasies he’d had about Nori.

10:10 a.m. Spillett told detectives that “he might like to marry her (Nori).”

10:10 a.m. Andrew asks about the ring. Spillett did not say anything about the ring or Nori being engaged during the interview.

10:09 a.m. Trammell objects to the entire testimony.

10:08 a.m. During a second interview, Spillett says he knew Nori through church and that he had asked her out for a meal. Spillett told detectives he thought Nori was a “nice girl.”

10:07 a.m. Brennan says Spillett said, during an interview, that he knew Nori from his time at Job Service.

10:04 a.m. Brennan describes Spillett as 5-foot-8, around 160 pounds with “bleached-out blonde” hair.

10:03 a.m. Interview was conducted about one week after the murder.

10:02 a.m. As part of his duties investigating Nori’s murder, Brennan interviewed Spillett.

10:01 a.m. Defense’s first witness is Michael Brennan, retired Pocatello PD detective.

9:59 a.m. Gabiola’s ruling: he will allow the questions be asked and the State can then object.

9:55 a.m. Andrew wants to bring in another witness who will testify that Spillett spoke about a dream he had in which he saw the crime scene. Spillett allegedly described the Nori Jones crime scene.

9:53 a.m. Andrew says that because Spillett will not testify he should be noted as an “unavailable witness” allowing for hearsay about him to be allowed into the record.

9:51 a.m. Gabiola’s ruling: Spillett will not be asked to testify before the jury.

9:49 a.m. Proctor tells Gabiola he should be allowed to ask a question and see if Spillett asserts his fifth rights.

9:47 a.m. Spillett’s attorney explains Spillett’s reasoning for invoking fifth. Spillett cannot hear and has a prostate issue that has him rushing to the bathroom on a moments notice.

We are in recess as Spillett discusses his options with his own attorney.

9:25 a.m. Spillett is brought into the court outside the presence of the jury. He is being explained his right per the fifth amendment. Asked if he wishes to testify, Spillett says, “No, I don’t think so.”

9:23 a.m. Andrew, Proctor, Trammell and Gabiola now arguing whether a witness should be called just to invoke the fifth in front of the jury. Gabiola says he will not allow.

9:22 a.m. Andrew informs the court Spillett intends to plead the fifth.

9:20 a.m. Gabiola denies the motion. Says there is reasonable evidence to prove Nori was killed in rape or attempted rape and/or burglary or attempted burglary. He cites some of the evidence presented — including Compher’s DNA on Nori’s body and ring.

9:17 a.m. Trammell says a rational juror could, based on evidence presented, determine that Compher entered the home through the window and left his DNA on Nori’s body during a possible rape.

9:15 a.m. Trammell argues on behalf of the State. Says case law shows the court must deny the motion if there is any possibility a single juror could convict.

9:13 a.m. Andrew requests a judgement of acquittal. He says the State did not establish that the murder was done in the commission of another crime.

9:12 a.m. Jury is brought in at 9:10. It is sent to recess at 9:12 so defense can take up a motion.

9:11 a.m. The State rests its case.

9:08 a.m. Gabiola considering allowing the defense to propose SPillett as an alternate perpetrator without needing evidence outside of what has already been presented.

9:05 a.m. Following a delay, we are back on the record. There is an issue with Robert Spillett.

RELATED | LIVE UPDATES | Day 6: Murder trial for Brad Compher, man accused of killing Nori Jones