Man appeals conviction in death of his ex-wife

BILLINGS (AP) — A man who is serving a 110-year prison sentence after being convicted of strangling his ex-wife and throwing her body into the Yellowstone River is seeking a new trial, alleging investigating officers continued to question him after he asked for an attorney.

Walter “Marty” Larson Jr. was convicted last year of killing Susan Casey in Glendive in April 2008.

His attorneys filed an appeal with the Supreme Court on Monday asking it to suppress statements Larson made while in police custody in 2012, arguing that officers questioned Larson in violation of his right to counsel.

Larson’s Attorneys Wade Zolynski and Koan Mercer also argued that Larson’s trial attorney was ineffective for failing to show the District Court video of the questioning. They say the video would have proven that Larson wanted to talk with his attorney and that officers continued to question him.

“Had defense counsel introduced the video at the suppression hearing, the district court would have had before it ... evidence of Mr. Larson’s actual, unequivocal response that it was ‘correct’ that he did not want to talk to police until he had a chance to speak with his attorney,” the attorneys wrote in the appeal.

The state had argued that Larson’s requests for counsel were ambiguous.

Larson’s attorneys allege officers “badgered” Larson about his reasons for not wanting to talk without a lawyer and then used statements he made during that continuing questioning at trial to imply Larson was guilty of killing Casey. They’re asking for a new trial and that prosecutors not be allowed to use Larson’s subsequent statements.

The state has not filed its response.

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Information from: The Billings Gazette, http://www.billingsgazette.com