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Ronan killer files appeal, requests access to evidence

by Megan Strickland Daily Inter Lake
| October 23, 2015 8:07 AM

 

A Ronan man serving a 120-year sentence for murdering 19-year-old Daniel McLeod in 2004 and dumping his body into the Flathead River has asked the Montana Supreme Court to order release of documents pertaining to the case.

James Arthur Couture, 56, asked the court on Oct. 5 for copies of virtually all evidence in the case, including an autopsy report, DNA evidence and emails sent between law enforcement or prosecutors.

In the request, Couture claims that he needs the documents for a self-represented appeal filed earlier this year in federal court. In his appeal, he failed to say on what grounds his case was based.

The Montana Supreme Court upheld Couture’s sentencing in January and denied the most recent of several appeals.

The high court cited the lower court’s rationale for Couture’s sentence.

“The reasons for the sentence is that a life was taken,” the judge wrote. “A life was taken with malice and with intention, and with forethought. The victim ... was left to bleed to death on the floor of the defendant’s house. The court has significant concerns with the fact there were plans to execute people.”

Couture is ineligible for parole.

He was convicted of one count of deliberate homicide and two counts of tampering with evidence after he killed McLeod as punishment for stealing marijuana from him multiple times. Couture then gave the gun used in the crime to a friend for safe-keeping and dumped McLeod’s body into the Flathead River. The body was found by fishermen several days later.

In his latest appeal, Couture claims he needs access to the evidence to represent himself.

“The truth of the matter is, since the time of Couture’s arrest, indictment and prosecution, it is abundantly clear that Couture got screwed out of his constitutional rights before he even attempted to open his door on that gloomy day back in May of 2004,” Couture wrote.

“It is because of these unconstitutional inactions that transpired from that point forward, that now opens the constitutional door for Couture to have total access to any and all requested exculpatory evidence, as required by law.”