Woman wants murder charge dismissed

Woman wants murder charge dismissed
BLACKFOOT, Idaho (AP) — A southeastern Idaho woman is appealing a judge's decision to dismiss a murder charge against her because the dismissal was done in such a way that the murder charge can be refiled.

Dorothy Jean Porter, 53, filed the appeal last week with the state Supreme Court claiming that 7th District Court Judge Darren B. Simpson violated her right to a fair and speedy trial.

Porter was charged with first-degree murder in the July 21 shooting death of her husband, Greg Porter. She says her husband committed suicide.

Dorothy Porter spent 246 days in jail before Bingham County Prosecutor J. Scott Andrew requested in March the charge be thrown out because forensic testing would not be finished in time for the April 21 trial date.

Simpson threw out the charge without prejudice, meaning it can be refiled.

Deputies found Greg Porter sitting upright in a recliner at home near the front door with a .22-caliber Ruger firearm in his lap. They said they later found blood on Dorothy Porter's right index finger and on the top of her right hand, along with gunshot residue on both of her thumbs.

Dorothy Porter concedes she had argued with her husband about the home's cleanliness but maintains she was in the bedroom when he committed suicide.

Scott Axline, Porter's attorney, asked Simpson to dismiss the murder charge with prejudice, which would have prevented it from being refiled.

Simpson denied that request, and Porter's appeal claims that is an error.

The appeal also said Simpson erred in ruling the state could test "certain items of evidence" without defense experts present as long as the procedures were videotaped.

Such testing, Axline wrote, would "consume" all "exculpatory evidence," thus ruining any opportunity for retesting.

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Information from: Post Register, http://www.postregister.com