Malheur County District Attorney Dave Goldthorpe wrote in recent court documents that the final sentence and mental state of Anthony Montwheeler should be decided by a jury. (The Enterprise/File).
VALE – Anthony Montwheeler’s lawyers want the judge presiding over his case to find he was insane two years ago at the time of two murders he is accused of committing and should not be sentenced to death.
As part of a series of motions filed before Multnomah County Circuit Judge Thomas Ryan, Montwheeler’s attorneys - Dave Falls, Nicholas Ortiz and Bryan Boender – assert Montwheeler “is not eligible for a death sentence based on the determinant that at the time of the offense alleged herein, as a result of a mental disease or defect, he lacked substantial capacity either to appreciate the criminality of his conduct or lacked the . . .