- Associated Press - Wednesday, April 1, 2015

HAILEY, Idaho (AP) - A bail hearing has been set after a judge ordered a new trial for a man sentenced to life in prison without parole after being convicted in the 1984 killing of his former wife.

The Idaho Mountain Express reported Wednesday (https://bit.ly/1MBbdlt ) that Jaimi Dean Charboneau, 55, is scheduled to appear in 5th District Court on April 10.

Charboneau could be released from prison if bail is set and posted.

Charboneau was convicted of murder in 1985 in the killing of Marilyn Arbaugh in Jerome County. He was sentenced to death but was later resentenced to life in prison.

Judge Robert J. Elgee ordered a new trial late last month after reviewing new evidence and ruling it raised questions about Charboneau’s culpability.

The new evidence includes a 1989 letter written by Arbaugh’s daughter. Tira Arbaugh, now deceased, wrote that prosecutors told her to lie and conceal evidence, and that she didn’t tell the truth when she testified at Charboneau’s trial. The letter was written to the court where Charboneau was convicted but didn’t become known to Charboneau until 2011.

In ordering the new trial, Elgee said “this new evidence casts sufficient doubt upon the verdict of first-degree murder that a new trial must be granted.”

In an unrelated case, Charboneau faces a misdemeanor battery charge in Elmore County from what officials say was a skirmish with another inmate in January. At the time, Charboneau was temporarily housed in the Elmore County jail.

Bail in that case is $5,000, which Charboneau would also have to post before being released from custody.


Information from: Idaho Mountain Express, https://www.mtexpress.com

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