Attorneys outline a plan for the Randy Larkin trial in November

IDAHO FALLS, Idaho (KIFI)—On Wednesday, prosecutors and defendants for the 2022 rest-stop murder trial met in court to discuss evidence, witnesses and the press in front of the Bonneville County Court. 

Randy Larkin, who faces the first-degree murder of Morey Pelton on May 12, 2022, attended the meeting Wednesday. His defending attorney, Allen Browning, started off with a suggestion: to have the press blocked from attending the jury trial on November 12. 

Browning said that reporting from the press—"especially recently”—has been biased, pointing to the front page of the Post Register’s Oct. 30 newspaper that reiterated the prosecutor’s alleged story of what happened before and after the murder of Morey Pelton on May 12, 2022. 

Local News 8 first released the alleged story two weeks ago, after posting the prosecuting attorney’s, Randy Neal’s, notice of 404(b) evidence. East Idaho News reported on it next. Then the Post Register. 

Browning argued this was biased as none of the evidence has been proven fact or discussed in court, and it might result in a biased jury. 

Judge Bruce Pickett denied Browning’s request, allowing press to attend the Nov. 12 trial. 

Then, Browning and Neal discussed the alleged victim’s toxicology report.

After the autopsy, Browning’s hired toxicologist, Dr. Robin Dodson, reported harmful levels of methamphetamine in Pelton’s blood at the time of his death. 

Dodson stated that the levels found were “above the published toxic levels that would result in violent behavior,” and that users at these levels might have “superhuman feelings” or a sense of “unlimited power.”

While Browning intends to use this to argue violent behavior from Pelton on the day of his death, state prosecutor Neal claims this report is an attack on Pelton’s character and inappropriate to address in trial.

“[The report] is more prejudicial than probative,” Neal told Judge Picket.

However, Judge Pickett ruled the testimony of toxicologist Dodson admissible, saying that Dodson can testify on how methamphetamine may have influenced Pelton’s behavior on the day of his death, not on how it did. 

Judge Pickett determined other expert’s qualifications can be argued in cross examination in front of the jury on Nov. 12. 

Browning and Neal will meet in court on Nov. 6 to discuss what evidence will be allowed in the jury trial. 

Editor's note: This story was updated from its original post.