Man who admitted murder still says he's confused about the charge

Robert Allen Lake repeated claims Thursday in Flathead District Court that he didn’t understand the plea agreement that resulted in his conviction for the 2010 bludgeoning death of a Kalispell man — even though he signed the agreement.

His attorney, however, testified that Lake was informed of the possible penalties for his admission to the crime and that Lake didn’t raise concerns over the sentence outlined in the deal.

Lake confessed to beating 49-year-old Wesley Collins to death with a hammer after reaching the plea agreement with the Flathead County Attorney’s Office in February.

A month later, on March 16, he told District Judge Stewart Stadler that he thought prosecutors had agreed to propose a sentence of 110 months, not 110 years.

Stadler advised the County Attorney’s Office to seek an order that would relieve attorney Christopher Abbott of his requirement to keep conversations with his client private.

Though Stadler indicated he likely would not honor Lake’s request to withdraw his plea based on his claims of misunderstanding the maximum sentence, Stadler allowed the issue to move forward as a claim of ineffective counsel.

Abbott answered questions from County Attorney Ed Corrigan and Stadler during Thursday’s hearing after Stadler said that the order allowing him to do so was in place.

Lake said that Abbott advised him against pursuing the possibility of a lesser charge of mitigated deliberate homicide at trial.

Abbott, he said, told him that a jury was not likely to agree that there were mitigating circumstances that contributed to the April 12, 2010, murder.

“He did let me know that it could happen, but he told me it wouldn’t happen,” Lake said.

Abbott told Stadler that Lake understood the agreement he signed and that Lake hadn’t expressed concerns prior to the March hearing where he asked to withdraw his guilty plea.

“I don’t think, ultimately, that there was any confusion,” Abbott said.

The attorney said that his conversations with Lake regarding sentencing were “always in the context of years, not months.”

Lake insisted that he was confused.

“I don’t understand what I’m being charged with,” Lake said. “This far down the road, I still don’t know.”

Stadler said he would issue an order denying or accepting Lake’s request to withdraw his guilty plea “within a couple days.”

Lake had been scheduled to be sentenced Thursday but that hearing was canceled because of Lake’s unresolved claim of ineffective representation. He is expected to be assigned a new attorney by the Office of the State Public Defender, or get a private attorney.

The plea agreement resulted in the dismissal of an unrelated 2009 robbery charge filed by the County Attorney’s Office after Lake allegedly held up a Kalispell casino at gunpoint.

Lake is one of four Flathead County residents to admit guilt to felonies related to Collins’ death.

Jeffrey Nixon, also charged with deliberate homicide, is accused of helping Lake beat Collins to death, though Nixon has maintained that he is innocent.

Nixon’s trial is scheduled to begin in July.

Karrolyn Robinson was sentenced to eight years in Montana Women’s Prison in December for tampering with physical evidence. She told Lake’s brother to delete text messages off Lake’s phone before turning it over to authorities. She also did the same on her own phone.

Cody Naldrett pleaded guilty to the same charge March 15 and admitted helping Lake and Nixon dispose of the body by hiding it in a wooded area near Patrick Creek Road. He has not been sentenced yet.

Joshua Fritz pleaded no contest in October to felony tampering with evidence and received a five-year suspended sentence but not prison time.

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