Judge dismisses weapons charge

Aceto trial set to begin Monday

Joseph Aceto will not face a charge of assault with a weapon when he stands trial next week on counts of kidnapping and attempted murder.

On Thursday, District Court Judge Kitty Curtis granted Aceto's motion to dismiss the assault charge, which was added to the original charges.

Curtis also denied Aceto's motion to postpone the trial, which is scheduled to begin Monday.

Aceto, 52, was convicted by a jury in 2002 of kidnapping his former girlfriend, Eileen Holmquist, and attempting to kill her and her friend, Rocky Hoerner, by shooting at them.

His conviction was thrown out by the Montana Supreme Court. The court ordered a retrial. In the meantime, Holmquist killed herself, and County Attorney Ed Corrigan added assault charges in December 2005. Curtis dismissed the charges April 17.

On April 20, Corrigan filed a new charge of assault with a weapon as an alternative to the attempted-homicide charge involving Holmquist.

Aceto's attorney, Glen Neier, asked to delay the trial because the filing of the assault charge affected his trial preparation and tactics, he said, particularly whether Aceto would testify on his own behalf.

Corrigan argued against the request, saying that the charge was a change in the theory of the case, but the facts hadn't changed, and Aceto had access to all reports, witness statements and other evidence for months, if not years.

Curtis found that the new charge constituted a substantive change to the

information. It was not filed in time for Neier to prepare, she ruled.

The trial has been rescheduled four times.

Curtis previously had ruled that a motion to designate Aceto a persistent felony offender was not filed in time.

Aceto allegedly kidnapped Holmquist in May 2000 at Hoerner's art gallery in Columbia Falls, in a hail of bullets.

Officials said he forced Holmquist into his car and made her drive into the woods of the North Fork Road, where he kept her prisoner for two days before releasing her.

Aceto was the subject of a manhunt and was arrested without incident.

The trial is expected to last five days. About 90 prospective jurors will be called to the courthouse Monday morning.