Aceto returns to Flathead County

Joseph Aceto, once sentenced to 210 years in prison, is back in the custody of the Flathead County jail for a new trial.

Aceto's 2002 conviction for kidnapping and two counts of attempted murder was overturned by the Montana Supreme Court this year. It sent the case back to Flathead County for retrial.

Aceto was moved from Montana State Prison in Deer Lodge to the county jail Wednesday afternoon.

He was granted a new trial because the high court ruled that his rights were violated during trial. Then, Aceto flew into a rage as he questioned the woman he shot at and kidnapped.

District Judge Ted Lympus had him removed from the courtroom and ordered Aceto to watch the remainder of his trial on a monitor in his jail cell.

Public defender Mark Sullivan assisted with Aceto's defense, although Aceto acted as his own attorney until he was ejected from the trial. Then, Sullivan had to take over.

The Supreme Court said Lympus violated Aceto's right to assist in his own defense. Lympus maintains that Aceto waived that right with his behavior, saying he would have been derelict to not remove Aceto after he terrified the witness and frightened some jurors into tears.

Now, that witness and victim, Eileen Holmquist, will not be able to tell a new jury what happened. She killed herself after the trial. She testified that Aceto shot at her and her boyfriend, Rocky Hoerner, in Columbia Falls before Aceto took her captive in the North Fork. Aceto, who had a prior romantic relationship with Holmquist, released her unharmed.

Sullivan also is likely not to be involved in the trial. He is recovering from a serious motorcycle accident last fall.

Also absent from the trial will be former County Attorney Tom Esch who prosecuted Aceto. County Attorney Ed Corrigan will prosecute this time.

Aceto has a host of prior felony convictions, including one for murdering a man in prison out of state. He became a member of the Federal Witness Protection program after testifying against cohorts in bombings of courthouses and airlines on the East Coast.

No new trial date has been set. Aceto is scheduled to appear in court next week.