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BY LOUISA BARBER SIDNEY HERALD On Monday, when trial dates were set in the Sherry Arnold case, notices of intent to file pretrial motions were filed in the Seventh Judicial District Court. Attorneys for Lester Van Waters Jr. and Michael Keith Spell filed notices warning of their intent to file multiple motions by April 30. For Waters, whose trial begins Nov. 4, pretrial motions include challenging the state’s intention to seek the death penalty because, according to court records, the state fails to establish the burden of proof and excludes the jury from factual findings. For Spell, attorneys have filed no- tices that they intend to request the charge of deliberate homicide on grounds that it’s “unconstitutional on its face” under the Fifth and 14th Amendments. Attorneys intend to file a motion to strike the intention to seek death penalty because “alleged aggra- vating circumstances is vague, duplicative, overly broad and does not sufficiently narrow the class of death-eligible persons.” Each side has disclosed their intentions to file motions for a request in venue changes to a “non- biased jurisdiction.” Spell’s lawyers intend to file motions for additional alternate jurors, sequestration of witnesses and for courtroom deco- rum order to ensure a fair trial. Pretrial motions on both the defendants’ side and the state are due by the end of April. A response is due by June 30 with a final reply July 31 for Waters. A response is due by July 31 for Spell and final reply Sept. 6. Attorney Alfred Avignone, representing Spell, said his team continues to work on the sched- ule for filing motions, as well as continuing his side’s investigation. Spell’s case goes to trial one day shy of two years after Arnold’s death, which may come as a surprise, but Avignone said the timeframe is normal for a “properly defended” capital case. Richland County attorney Mike Weber agreed. “Given the volume of evidence and the complexity of some legal issues, I’m satisfied with the rate the case is progressing,” he told the Herald. The state has accu- mulated more than 2,000 pieces of evidence, making it the largest case he’s ever prosecuted “by far.” “It’s in everyone’s best interest that these cases be tried once, and there aren’t unresolved issues that result in appeals,” he said. ONE YEAR LATER On Monday, many people, es- pecially local, remembered what SUNDAY JAN. 13, 2013 105th year, No. 4 Sidney, Montana www.sidneyherald.com 75 CENTS First baby of 2013 born. Page 9A. SERVING RICHLAND COUNTY AND THE SURROUNDING AREA FOR 105 YEARS Bulletin Board Lutefisk dinner The First Lutheran Church in Savage will have its annual lutefiskd meat- ball dinner from 12:30-5 p.m. Sunday (today). Cost is $13 for adults and $5 for anyone 12 and under. Dessert theatre The Sidney High School speech and drama team will hold a dessert theatre at 6 p.m. Monday at the MonDak Heritage Center. Charge is $5 for the fundraiser. After-school program Shepherd of the Valley Lutheran Church will hold a new after-school program beginning Monday. The program is for children in grades K-sixth. Space is lim- ited to the first 35 students. Cost is $100 per month. For registration information and an application, contact Pastor David Huskamp or youth leader Carl Wendorff, 433-7479, or svlc@midrivers. com. Senior commodities Distribution of commodi- ties for senior citizens is from 9 a.m. to noon Jan. 22 at the Nutter Building New service time Pella Lutheran Church is now offering a Saturday service at 6 p.m. Trashy Tuesdays The Recycling Advisory Committee announces the next Trashy Tuesday. The Trashy Tuesday event is be- ing held at Richland Oppor- tunities Inc. (ROI) workshop on Tuesday from 3-7 p.m. ROI’s address is 1100 Silurian Lane in Sidney. The events are sponsored by volunteers who give their time to ensure recycling can occur in lieu of throwing the listed material away. The next 2013 Trashy Tuesday events are April 16, July 16 and Oct. 15. Deaths Richard Karst, 74 Pamela “Pam” Pederson, 41 Jim Strasheim, 51 Page 3A Inside Drilling rig count Source: Rocky Mountain Oil Journal sponsored by Montana 8 N.D. 175 Wyoming 50 Agriculture ......... 5A Around Town ..... 2A Classifieds .......3-6B Deaths ............... 3A Learning ............ 7A Religion ........... 10A Sports .............1-2B BY BILL VANDER WEELE SIDNEY HERALD Montgomery Gentry with special guest Gloriana will entertain at the Richland County Fair this summer. “I think both of these groups will do great here,” Richland County Fair manager Jamie Larson said. “Montgomery Gentry is an established name. Gloriana is newer but has always been around.” Pre-sale tickets are $45 for reserved seats and $40 for festival will be avail- able from June until a week prior to the Richland County Fair, which runs July 31-Aug. 3. The concert is the night of Aug. 3. In addition, the fair board has awarded a three-year contract to a different car- nival company. North Star Amusements, Cody, Wyo., will provides a variety of rides from kiddie rides to family to main rides. The carnival will feature a ferris wheel. Larson said the carnival’s other entertainment sites in Montana include Missoula, Bozeman and Helena. Prices will be similar to past car- nivals at the fair including the opportunity to purchase wristbands and pre-sale coupons. “The fair board is look- ing forward to this year and feels it’s made a good decision by awarding the carnival contract to North Star Amusements,” Larson said. MONTGOMERY GENTRY The band, which busted onto the national scene in 1999, has 14 top 10 hits including five number ones with “Something to Be Proud of,” “If You Ever Stop Loving Me,” “Lucky Man,” “Back When I Knew It All” and “Roll With Me.” Recent hits for the band featuring Eddie Montgom- ery and Troy Gentry include top five singles “Where I Come From” and “My Town.” Montgomery Gentry’s accomplishments have included earning a Grammy nomination, winning Coun- try Music Association and Academy of Country Music Awards and reaching criti- cal acclaim. Awards have included duo of the year, top country duo and favorite new artist. The Academy of Country Music selected the duo as the 2010 winner of the Humanitarian Award. In 2009, Montgomery Gen- try was inducted into the Grand Ole Opry. According to the group’s website, the music is a unique blend of country, southern rock and Everly Brothers-like harmonies. “We grew up on Charlie Daniels, Waylon Jennings, Willie Nelson, Lynyrd Skynyrd and Merle Hag- gard,” Montgomery said. “That’s who we are. We cut our teeth in the honky tonks and no matter what you try to do, we have to be us or it just doesn’t sound right.” GLORIANA Gloriana, featuring broth- ers Tom and Mike Gossin along with Rachell Reinert, released their debut album in 2009. They were the best selling debut country act of that year. “Gloriana” debuted at number two on the Bill- board Country Albums chart and produced the gold- certified hit single “Wild At Heart.” The band won the Ameri- can Music Award for best breakthrough artist and also earned the “Nationwide On Your Side” honor at the CMT awards. Gloriana released its second studio album, “A Thousand Miles Left,” and it debuted at num- ber two on the Billboard Country Album Chart in July 2012. Gloriana was nominated for three 2012 American Country Awards for Breakthrough Artist of the Year; Single of the Year: Breakthrough Artist “(Kissed You) Good Night;” and Music Video: Group or Collaboration “(Kissed You) Good Night.” [email protected] Montgomery Gentry to headline county fair SUBMITTED Montgomery Gentry will entertain at the Richland County Fair the night of Aug. 3. Fair board selects new carnival provider SUBMITTED Gloriana will serve as special guest. Residents wait for trial results ELLEN WZNCK | SIDNEY HERALD Participants release balloons after the walk in honor of Sherry Arnold last year. SEE CASE, PAGE 12A ‘This community is awesome. Just awesome.” Sharon Whited Sherry Arnold’s mother 310 2nd Ave. NE • Sidney 433-2403 www.sidneyherald.com 310 2nd Ave. NE, Sidney, Montana 433-2403 • www.sidneyherald.com $ 2 Locally produced 2012 | 2013 Original watercolor by Afton Rossol The NEW 2013/2014 Richland County Phone Book will be coming out in April! For information updates or to learn more go to page 1B

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Page 1: Residents wait for trial results

By louisa BarBersIdnEy HERaLd

On Monday, when trial dates were set in the Sherry Arnold case, notices of intent to fi le pretrial motions were fi led in the Seventh Judicial District Court.

Attorneys for Lester Van Waters Jr. and Michael Keith Spell fi led notices warning of their intent to fi le multiple motions by April 30.

For Waters, whose trial begins Nov. 4, pretrial motions include challenging the state’s intention to seek the death penalty because, according to court records, the state fails to establish the burden

of proof and excludes the jury from factual fi ndings.

For Spell, attorneys have fi led no-tices that they intend to request the charge of deliberate homicide on grounds that it’s “unconstitutional on its face” under the Fifth and 14th Amendments.

Attorneys intend to fi le a motion to strike the intention to seek death penalty because “alleged aggra-vating circumstances is vague, duplicative, overly broad and does not suffi ciently narrow the class of death-eligible persons.”

Each side has disclosed their intentions to fi le motions for a request in venue changes to a “non-biased jurisdiction.” Spell’s lawyers intend to fi le motions for additional alternate jurors, sequestration of

witnesses and for courtroom deco-rum order to ensure a fair trial.

Pretrial motions on both the defendants’ side and the state are due by the end of April. A response is due by June 30 with a fi nal reply July 31 for Waters. A response is due by July 31 for Spell and fi nal reply Sept. 6.

Attorney Alfred Avignone, representing Spell, said his team continues to work on the sched-ule for fi ling motions, as well as

continuing his side’s investigation. Spell’s case goes to trial one day shy of two years after Arnold’s death, which may come as a surprise, but Avignone said the timeframe is normal for a “properly defended” capital case.

Richland County attorney Mike Weber agreed. “Given the volume of evidence and the complexity of some legal issues, I’m satisfi ed with the rate the case is progressing,” he told the Herald. The state has accu-

mulated more than 2,000 pieces of evidence, making it the largest case he’s ever prosecuted “by far.”

“It’s in everyone’s best interest that these cases be tried once, and there aren’t unresolved issues that result in appeals,” he said.

one year laterOn Monday, many people, es-

pecially local, remembered what

SUNDAYJAN. 13, 2013105th year, No. 4Sidney, Montanawww.sidneyherald.com75 CENTS

First baby of 2013 born. Page 9A.

sERVInG RICHLand COunTy and THE suRROundInG aREa FOR 105 yEaRs

Bulletin Board lutefi sk dinner

The First Lutheran Church in Savage will have its annual lutefi skd meat-ball dinner from 12:30-5 p.m. Sunday (today). Cost is $13 for adults and $5 for anyone 12 and under.

dessert theatreThe Sidney High School

speech and drama team will hold a dessert theatre at 6 p.m. Monday at the MonDak Heritage Center. Charge is $5 for the fundraiser.

after-school programShepherd of the Valley

Lutheran Church will hold a new after-school program beginning Monday. The program is for children in grades K-sixth. Space is lim-ited to the fi rst 35 students. Cost is $100 per month. For registration information and an application, contact Pastor David Huskamp or youth leader Carl Wendorff, 433-7479, or [email protected].

senior commoditiesDistribution of commodi-

ties for senior citizens is from 9 a.m. to noon Jan. 22 at the Nutter Building

new service timePella Lutheran Church

is now offering a Saturday service at 6 p.m.

trashy tuesdaysThe Recycling Advisory

Committee announces the next Trashy Tuesday. The Trashy Tuesday event is be-ing held at Richland Oppor-tunities Inc. (ROI) workshop on Tuesday from 3-7 p.m.

ROI’s address is 1100 Silurian Lane in Sidney. The events are sponsored by volunteers who give their time to ensure recycling can occur in lieu of throwing the listed material away. The next 2013 Trashy Tuesday events are April 16, July 16 and Oct. 15.

Deathsrichard Karst, 74

pamela “pam” pederson, 41Jim strasheim, 51

Page 3A

Inside

Drilling rig count

source: Rocky Mountain Oil journal sponsored by

Montana 8 N.D. 175

Wyoming 50

Agriculture .........5AAround Town .....2AClassifi eds .......3-6BDeaths ...............3A

Learning ............7AReligion ...........10ASports .............1-2B

By Bill Vander WeelesIdnEy HERaLd

Montgomery Gentry with special guest Gloriana will entertain at the Richland County Fair this summer.

“I think both of these groups will do great here,” Richland County Fair manager Jamie Larson said. “Montgomery Gentry is an established name. Gloriana is newer but has always been around.”

Pre-sale tickets are $45 for reserved seats and $40 for festival will be avail-able from June until a week prior to the Richland County Fair, which runs July 31-Aug. 3. The concert is the night of Aug. 3.

In addition, the fair board has awarded a three-year contract to a different car-nival company. North Star Amusements, Cody, Wyo., will provides a variety of rides from kiddie rides to family to main rides. The carnival will feature a ferris wheel.

Larson said the carnival’s other entertainment sites in Montana include Missoula, Bozeman and Helena. Prices will be similar to past car-nivals at the fair including the opportunity to purchase wristbands and pre-sale coupons.

“The fair board is look-ing forward to this year and feels it’s made a good decision by awarding the carnival contract to North Star Amusements,” Larson said.

montgomery gentryThe band, which busted

onto the national scene in 1999, has 14 top 10 hits

including fi ve number ones with “Something to Be Proud of,” “If You Ever Stop Loving Me,” “Lucky Man,” “Back When I Knew It All” and “Roll With Me.”

Recent hits for the band featuring Eddie Montgom-ery and Troy Gentry include top fi ve singles “Where I Come From” and “My Town.”

Montgomery Gentry’s accomplishments have included earning a Grammy nomination, winning Coun-try Music Association and Academy of Country Music Awards and reaching criti-cal acclaim. Awards have included duo of the year, top country duo and favorite new artist. The Academy of Country Music selected the duo as the 2010 winner of the Humanitarian Award.

In 2009, Montgomery Gen-try was inducted into the Grand Ole Opry.

According to the group’s website, the music is a unique blend of country, southern rock and Everly Brothers-like harmonies.

“We grew up on Charlie Daniels, Waylon Jennings, Willie Nelson, Lynyrd Skynyrd and Merle Hag-gard,” Montgomery said. “That’s who we are. We cut our teeth in the honky tonks and no matter what you try to do, we have to be us or it just doesn’t sound right.”

glorianaGloriana, featuring broth-

ers Tom and Mike Gossin along with Rachell Reinert, released their debut album in 2009. They were the best selling debut country act of that year.

“Gloriana” debuted at number two on the Bill-board Country Albums chart and produced the gold-certifi ed hit single “Wild At Heart.”

The band won the Ameri-can Music Award for best breakthrough artist and

also earned the “Nationwide On Your Side” honor at the CMT awards.

Gloriana released its second studio album, “A Thousand Miles Left,” and it debuted at num-ber two on the Billboard Country Album Chart in July 2012. Gloriana was nominated for three 2012 American Country Awards for Breakthrough Artist of the Year; Single of the Year: Breakthrough Artist “(Kissed You) Good Night;” and Music Video: Group or Collaboration “(Kissed You) Good Night.”

[email protected]

Montgomery Gentry to headline county fair

suBMITTEd

Montgomery Gentry will entertain at the Richland County Fair the night of Aug. 3.

Fair board selects new carnival provider

suBMITTEd

Gloriana will serve as special guest.

Residents wait for trial results

ELLEn WZnCK | sIdnEy HERaLd

Participants release balloons after the walk in honor of Sherry Arnold last year.

see case, PaGE 12a

‘this community is awesome.

Just awesome.”

sharon Whitedsherry arnold’s mother

310 2nd Ave. NE • Sidney 433-2403

www.sidneyherald.com310 2nd Ave. NE, Sidney, Montana

433-2403 • www.sidneyherald.com

$2

Locally produced

2012 | 2013

Original watercolor by Afton Rossol

The NEW 2013/2014 Richland County Phone Book will be coming out in April!For information updates or to learn more go to page 1B