Judge denies Floyd's motion for acquittal or new trial

A Flathead County District Court judge denied a motion from Kenneth James Floyd’s attorney seeking his acquittal or a new trial after he was convicted of running over and killing his ex-wife in 2023.  

Defense attorney Jami Rebsom filed the motion in district court on Dec. 3, about a month after Floyd’s weeklong trial ended. Judge Dan Wilson, who presided over the case, denied the motion on Wednesday after hearing arguments from Rebsom and Special Deputy County Attorney Eric Kitzmiller, who prosecuted the case. 

Wilson rejected Rebsom’s claims that prosecutors violated pretrial court orders, gave improper jury instructions and failed to preserve evidence that could have exonerated Floyd.  

The defense also sought to remove Wilson from the case — a request the Montana Supreme Court denied last year — and attempted to have an alternate juror testify that prosecutors failed to present enough evidence to support Floyd’s conviction.  

On Wednesday, Rebsom asked that the alternate juror be allowed to testify. 

“What she’s going to say essentially your honor is that she just can’t fathom how they would have found him guilty,” Rebsom said. 

But Wilson refused to let her take the witness stand, arguing that she was no more qualified to offer an opinion on the trial than any member of the public who had watched it.  

“Should I not just take a poll of the people who watched the trial?” Wilson asked.  

“It is not permissible, it’s not appropriate, it’s not allowed under law to offer the testimony of an [alternate] juror who did not deliberate,” he added.  

Siding with the prosecution, Wilson rejected the defense’s claim that introducing alleged misconduct by Floyd — including suggestions that he was under the influence of alcohol at the time of the collision — violated a pretrial court order.  

Wilson criticized Rebsom for failing to provide specific evidence in her motion that supports her argument. He called it a “sandbagging attempt” to inject an issue into the record that could be appealed that he has not had the opportunity to consider. 

Rebsom also argued that prosecutors failed to present sufficient evidence to support the evidence tampering charge and did not properly preserve evidence by failing to measure his ex-wife's injuries.  

She said the omission prevented a pathologist from offering an opinion at the trial, but Wilson said it was irrelevant because they never testified.  

“The jury didn’t hear that and this is the first time I’m hearing it,” Wilson said. 

He maintained that a rational juror could find Floyd guilty beyond a reasonable doubt on all three counts.  

FLOYD WAS accused of grievously injuring Kimberly Gilham with his truck as he drove out of a Martin City alley in the early morning hours of June 18, 2023. Gilham succumbed to those injuries at Logan Health Medical Center, and Floyd allegedly fled to Browning after the ultimately fatal collision.  

A jury found the 40-year-old Floyd guilty on three counts: negligent homicide, leaving the scene of a vehicle accident involving serious bodily injury or death and tampering with physical evidence. 

The Montana Supreme Court in December denied the defense’s motion to disqualify Wilson from the case, citing a procedural error. The motion accused Wilson of prejudging Floyd's guilt before the verdict based on comments he made during the trial.  

Wilson ordered Floyd into custody after determining that Floyd made false statements during his testimony and to the detective who interviewed in 2023.  

Floyd has yet to be sentenced in the case.  

Reporter Jack Underhill can be reached at 406-758-4407 or junderhill@dailyinterlake.com. If you value local journalism, pledge your support at dailyinterlake.com/support.