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MOSCOW, Idaho (AP) — An Idaho judge won't grant a new trial for a man convicted of killing his estranged wife and covering up her murder.
Judge Carl Kerrick this week denied Charles Capone's appeal for a new trial, according to a written ruling filed in Latah County 2nd District Court. The Moscow man had sought a new trial after a former Latah County inmate made statements that discredited Capone's co-defendant, The Lewiston Tribune reported (http://bit.ly/1Opg6ds).
Capone was sentenced in September 2014 to life in prison without parole. Prosecutors say Capone killed 40-year-old Rachael Anderson in 2010. Capone's co-defendant, David Stone, testified that he witnessed the killing and then helped to dump Anderson's body in the Snake River.
Stone was sentenced to seven years in prison for his part in Anderson's death.
Stone's former cellmate, Tyler Beyer, told a deputy with the Latah County Sheriff's Office that Stone said they would never find Anderson's body in the river because it wasn't there.
Capone has maintained that he did not kill Anderson and throw her body in the river.
Capone's attorney had argued that Beyer's testimony was grounds for a new trial, but Kerrick disagreed, calling the statement hearsay.
Kerrick said even if he did allow a new trial, Beyer's statement would be unlikely to have convinced a jury to acquit.
Capone is now appealing his case to the Idaho Court of Appeals.
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Information from: Lewiston Tribune, http://www.lmtribune.com
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