Fall trial planned in toddler murder case

A tentative trial date has been set for the Evergreen man accused of killing his girlfriend’s 2-year-old son.

Attorneys met Tuesday for a status hearing in the case of Brandon Lee Walter Newberry, 21, who is facing a deliberate homicide charge. Newberry wasn’t present at the proceeding.

District Judge Heidi Ulbricht set a trial period of Sept. 21 through Oct. 2. Prosecuting attorney Andrew Clegg said that he thought the trial would run somewhere between one and two weeks.

A status hearing was set for May 6 for updates on evidence gathering. Prosecutors are working to obtain cellphone records and a hair sample analysis from Newberry.

Defense attorneys have attempted to quash the cellphone search warrant, saying they had no chance to argue against it.

This wasn’t addressed at Tuesday’s hearing, and Ulbricht moved quickly through the scheduling procedure. She is the third judge to preside over Newberry’s case; the first two were dismissed after requests by the defense.

In another development, the court added a citation from the Kalispell Police Department to Newberry’s file. It charged him with misdemeanor partner or family member assault in April 2014.

According to court documents, emergency responders were called on Feb. 17 for an unresponsive child. Newberry had been watching  the toddler, Forrest Groshelle, while the mother was at work. Groshelle was pronounced dead at the scene.

An autopsy later found internal injuries consistent with blunt force trauma. Newberry reportedly admitted “roughhousing” with Groshelle and could be heard on the 911 call yelling “It’s my fault! It’s my fault!”

Newberry pleaded not guilty on Feb. 26.