The couple who plotted to kill a Minneapolis Police Department forensic scientist are asking the court to try their cases separately, while the prosecution wants a joint trial to limit the victim's trauma.
In a hearing Monday afternoon in Hennepin County District Court, Judge Shereen Askalani heard arguments in the cases against Timothy Allen Amacher and Colleen Purificacion Larson, who are charged with attempted first-degree premeditated murder for the shooting of Nicole Lenway outside FamilyWise, a supervised parenting facility at University and Malcolm avenues in southeast Minneapolis. Amacher also faces a charge of aiding an accomplice after the fact.
Amacher, 41, remains in custody in lieu of $1 million bail. Larson, his then-24-year-old girlfriend, posted $300,000 bail in June and appeared with her family seated behind her.
The two are charged in connection with the ambush shooting of Lenway after a bitter child-custody battle. Their attorneys want separate trials based on constitutional rights for a fair trial, but senior assistant Hennepin County Attorney Patrick Lofton said a joint trial would be best for the jury in piecing together the case and limit the emotional impact on Lenway.
To the defense's argument that Lenway is used to testifying in court as a forensic scientist with MPD, Lofton said that "doesn't mean it wouldn't be traumatic for her to come in and testify twice about being shot at point-blank range."
Lofton said for the jury to fully understand the dynamics of the couple's relationship and Amacher "utilizing a person who is 17 years younger than him to get this done," the jury should be presented with all evidence at once. He expects to call about 30 witnesses and said the lengthy trial tried separately would "increase the danger the jury doesn't get the full picture."
Lofton added that Larson has said that Amacher manipulated and groomed her into shooting Lenway, and the two defendants have different motives for carrying out the offense: Larson loved Amacher and wanted to please him, while Amacher hated Lenway and wanted his son all to himself.
Attorney James Gempeler, representing Larson, said a joint trial isn't an issue of his client being uncomfortable with Amacher in the same room but that battered woman syndrome is at play and having Amacher present "will have very significant and meaningful negative impact on our client and her ability to fight for herself."
Amacher's attorney, Larry Reed, has called for a speedy trial, slated for Oct. 3. Gempeler said his team would not be ready for such a trial date because they still have an ongoing investigation and Larson is having difficulty getting mental health support.
"To put them together is to take away the possibility of fair trials for either," said Gempeler's co-counsel Daniel Adkins, adding that the state wants a joint trial simply in an effort to make things easier.
Reed said a joint trial would be unfair to Amacher because he would essentially be up against two prosecutors, as Gempeler and Lofton both agree that Amacher manipulated Larson.
"Two people are pointing the finger at my client," he said.
Joint trials are "still a rarity," Reed added, and he asked Askalani for the case to continue on a separate track.
Askalani is taking the motions under advisement and will rule whether both suspects will go on trial in early October or separately.
Amacher and Larson have a next court appearance Sept. 12.
The shooting took place April 20, when Lenway was going to pick up her 5-year-old son from the child care center. Larson shot Lenway twice in the neck and arm. A witness heard the gunshots and applied pressure to stop the bleeding.
Despite internal injuries to her lung and a "through and through" bullet wound to her arm, Lenway survived.
Surveillance video didn't capture the shooting, but it shows Larson scouting the parking lot before running up to Lenway as she went to pick up her son. Larson, dressed in all black, a hood, medical mask and gloves, held Lenway at gunpoint before firing, Meanwhile, Amacher was inside the center with his son even though he has restricted, court-ordered contact.
In the attempted cover-up of the shooting, Amacher told police the shooter was most likely someone targeting Lenway because of her work for MPD, according to court documents. Larson said she was at home at the time of the shooting.
Police searched their home and found bullets from a .380-caliber handgun, the same type of firearm used to shoot Lenway.
Staff writer Paul Walsh contributed to this report.
