LaMere asks for bail reduction in murder case

An emotional Mitchell LaMere appeared in Chippewa Cree Tribal Court Monday in a pretrial conference on the charges alleging he started a fire that killed Freddy Bacon.

LaMere asked for a reduction in his $50,000 bond. He struggled to hold back tears as he said he hoped the court would grant the request so that he could spend time with his family before he is likely to be brought up on federal charges.

Tribal Judge Melody Whitford said after the hearing she would make a decision today whether to reduce his bail.

LaMere, 23, of Box Elder, was charged three weeks ago with setting a fire that killed Bacon, 24.

Charging documents say LaMere intentionally set fire May 19 to a residence at 18 Indian Rock St. where Bacon was asleep. Bacon died of smoke inhalation.

Police allege that earlier that night LaMere had gotten in a fight with A.J and Justin The Boy, who were with his ex-girlfriend Taneal Sutherland. He then left the scene, before returning in the early morning hours and setting the house on fire, documents say.

LaMere faces charges of deliberate homicide, arson, negligently endangering the life of another person and disorderly conduct.

He has pleaded not guilty on all counts.

If convicted under the tribe’s criminal code, LaMere could be jailed for up to a year for homicide and six months for the other charges.

LaMere could also face federal charges, for which the penalties would be much stiffer.

Under federal law, the FBI investigates and the U.S Attorney’s office prosecutes felonies that occur on Indian reservations.

An FBI spokesperson has said the case is being investigated but has declined to comment further to avoid possibly jeopardizing the investigation.

Early Monday, Laurie Gopher, LaMere’s mother, filed a sworn affidavit, asking that the media be prohibited from future proceedings.

“I am requesting that the press not be allowed in the courtroom with cameras and recording devices during my son’s court hearings for the duration of his court hearings,” she said.

Whitford rejected Gopher’s request, saying criminal proceedings are open to the media and the general public.

At the start of the hearing, Whitford asked LaMere if he would plead an affirmative defense, meaning defenses such as temporary insanity or self-defense.

Both Public Defender Theresa Harris, who is representing LaMere, and LaMere himself said he would not.

Prosecutor Donita Hay said the evidence the prosecution is prepared to present will include a two-page FBI interview and 102 photographs from the crime scene.

Witnesses will include both of The Boys, Sutherland and several investigators and first responders, Hay said.

Harris said the prosecution has failed to provide the defense with information on the witnesses, a police report, medical examiner’s report or other evidence.

Hay said Criminal Investigator Steve Corcoran had conducted a verbal interview with LaMere but, when asked, said it had not been recorded.

Harris said that without being able to access the evidence, she can not defend her client.

She said that the deadline for the prosecution to receive the evidence had been that day.

Hay said she presented Harris with crime scene photos. She requested that the deadline for handing over information on the witnesses, the medical examiner’s report and other physical evidence be extended.,

Whitford extended the deadline to July 29 at 4 p.m.

LeMere was asked by Whitford if wanted to have a bench trial, which would be heard by the judge, or a jury trial.

LeMere opted for the jury trial.

Whitford said that if LaMere was convicted he would have to pay the court $50 per juror.