Attorney trouble in Kirk killing case

By RALPH BARTHOLDT

Staff Writer

COEUR d’ALENE — Justin R. Booth, the man accused of killing William “Bo” Kirk last year, has had a hard time finding attorneys to represent him.

First District Judge Scott Wayman granted a request Thursday that allowed Booth’s latest defense attorney to withdraw from the murder case.

Booth, 36, is charged with four felonies, including first-degree murder and kidnapping.

Wayman said he was hesitant to allow Sean P. Walsh, of Coeur d’Alene, to withdraw as Booth’s attorney. The judge said he wants the accused killer to have the best counsel available.

“As much as I hate to do this, I am going to grant Mr. Walsh’s request to be allowed to withdraw from representing you,” Wayman told Booth at a Thursday morning hearing.

Walsh said he needed to withdraw because of a large caseload that includes two murder cases. In addition to Booth, Walsh represents Eric A. Dante who is accused of killing his fiancee, Jesseka Musson, last spring in Bonners Ferry; and Tyler Finlay, the Rathdrum man charged with manslaughter in the death of Jeffrey Marfice outside a Coeur d’Alene bar in June.

Walsh, who has a small law firm that employs one other criminal attorney, was left holding the bag when the other criminal attorney resigned without warning from Walsh’s practice this month, he told the court. That left Walsh with 24 private clients.

Walsh said his departure from Booth’s case hinges entirely on his obligation to his private clients.

“This motion isn’t brought for any reason related to Justin,” Walsh told the court. “I’ve formed a deep, trusting relationship with him and I believe in his case.”

Booth, the co-defendant in Kirk’s murder case, was charged in April, less than two weeks after David E. Hutto, who was with Booth when the pair allegedly kidnapped and killed Kirk, was convicted and sentenced to life in prison without a chance for parole.

In addition to murder and kidnapping, Booth faces a charge of first-degree arson, robbery and a felony weapons charge, which could result in a life prison sentence if he is convicted.

According to prosecutors, Hutto and Booth, a convicted felon on parole for robbery, burglary and theft convictions, kidnapped Kirk from his Coeur d’Alene driveway last autumn, stole his debit card, bound him with zip ties and drove him to the hills to kill him.

Kirk’s body was discovered three days later in the Coeur d’Alene National Forest along Hayden Creek Road. Authorities said he had been shot to death.

Booth was originally represented by Anne Taylor, who was hired because the Kootenai County Public Defender’s Office had a conflict of interest. The office had represented Hutto in his defense. When Taylor was appointed as the county’s chief public defender in July, the prosecutor’s office asked a conflict attorney be appointed to represent Booth. That’s when Walsh took the reins.

“His initial attorney had to be conflicted out, now there’s another set of unforeseen circumstances,” Wayman said. “For someone like him to say he just can’t do it, because of circumstances, is just unheard of. I’ve never seen a motion like this before.”

Walsh said he would stick with the case for 120 days, allowing the court to find someone without a conflict to represent Booth.

Wayman agreed to the compromise.

“Are you sure you want to withdraw?” he asked Walsh.

Then turning to Booth, “Until I sign an order, he is your attorney,” Wayman said.

Booth pleaded not guilty to all the charges in May. He is in the Kootenai County jail on a $2 million bond. A trial date has not been set.