Teen's trial delayed

The murder trial for a 17-year-old Evergreen girl has been postponed for a second time.

Flathead District Court Judge Katherine Curtis on Thursday approved an order delaying the trial a day after Justine Winter’s attorneys said they needed more time to interview possible witnesses.

The teenager’s trial on two counts of deliberate homicide was scheduled to begin Monday and last up to two weeks. It was originally set to begin the first week of September.

A new trial date has not been set.

Winter was charged following the deaths of 35-year-old Columbia Falls woman Erin Thompson and her 13-year-old son Caden Vincent Odell on March 19, 2009.

Prosecutors allege that Winter intentionally crossed the centerline of a U.S. 93 construction zone at a speed of 85 miles per hour and crashed into Thompson’s car in an attempt to commit suicide.

According to court documents, Winter had threatened to kill herself and crash her car in a text message exchange with her boyfriend before the fatal collision.

Her defense attorneys, citing the reports of forensic linguist Robert Leonard, have countered that the text messages were not suicidal in nature.

During what was scheduled to be the final hearing before trial Wednesday, Winter’s attorney Maxwell Battle said he wants to interview a second forensic linguist, Lorna Fadden, who originally was retained by prosecutors. 

Fadden issued a report in early October that agreed with some of Leonard’s conclusions. Winter’s attorneys also hope to speak with several emergency responders and potential medical witnesses.

Curtis’ order to delay the trial comes the same week that she decided for now not to move the trial out of Northwest Montana. She ruled that the trial will stay in Flathead County if a jury can be seated. 

She also dismissed a request that Winter’s case be moved to Youth Court.

Winter, who is being tried as an adult, could face a maximum sentence of life in prison if convicted of deliberate homicide.

Reporter Eric Schwartz may be reached at 758-4441 or by e-mail at eschwartz@dailyinterlake.com.