Calvert appears for omnibus hearing

THOMPSON FALLS – After numerous attempts to hold Nathan Lee Calvert’s omnibus hearing, Calvert was finally present in the Sanders County Courthouse Tuesday morning.

Previously the omnibus hearing had been rescheduled twice due to an undergoing mental evaluation of Calvert in Warm Springs

The mental evaluation was conducted, however, the file was sealed and both parties requested the court to review the documents.

Judge Christopher stated, “The general nature of the defense is general denial putting the state to prove.”

Judge Deborah K. Christopher asked whether there was any claim that the defendant was not able to understand the proceedings or assist in his own defense as a result of mental disease or defects.

Defense Attorney Seven N. Eschenbacher said there is not, however, “the defendant will rely on mental disease or defects to prove that he did not have an intrastate of mind.”

Calvert will rely on the affirmative defense of lack of special intent.

Prosecutor Bob Zimmerman reserved the state’s right to have a competency examination of the defendant on behalf of the state.

Eschenbacher agreed with Zimmerman stating it is the state’s right to have a secondary evaluation.

Judge Christopher stated the evaluation had to be done as soon as possible.

“The court would obviously encourage the state given the present incarceration status of the defendant to get somebody soon if the state intends to do so. It would be the courts intention to try to preserve the date for the purposes of the trial as necessary in this matter,” said Judge Christopher.

Eschenbacher did not ask for bail however he did request that Calvert stay at the Sanders County Jail instead of going back to Warm Springs.

“As I understood it, Nathan did attempt suicide so Warm Springs was concerned. He’s assured me that he’s not going to attempt suicide anymore and would like to stay here,” said Eschenbacher.

Zimmerman disagreed stating Warm Springs has expressed the desire that Calvert remain with them and an order directing the Sheriff’s Office to transfer Calvert to and from Warm Springs is already in affect.

Calvert was to be transferred back to Warm Springs after his omnibus hearing on Tuesday.

Calvert’s trial date has been set for July 15, 2013. Both parties suspected the trial to last four to five days and due to the media coverage, a large pool of panel was requested, with a pool of one hundred.

“The omnibus hearing has been had so the only remaining issue would be a hearing raised by the parties with regard to the current issues before the court,” said Judge Christopher referring to the requested competency hearing. The court is available either June 4 or July 2 unless the parties decided to go to Lake County for a hearing.

No date was set for the competency hearing.

Calvert was charged with four counts of felonies in mid December of last year. The counts included deliberate homicide, attempted deliberate homicide, aggravated burglary and robbery.

He allegedly murdered Doug Morigeau in a home invasion and also attacked his wife Cheryl.