Walter Martin Larson Jr., or “Marty” as he likes to be called, was convicted in 2013 of choking his ex-wife to death and tossing her body in the Yellowstone River.
A couple months later, in Dawson County District Court, Judge Richard Simonton ordered Larson to 100 years in Montana State Prison. Larson, then 42, would serve at least 30 years before being eligible for parole, the judge mandated.
But now, a year later, Larson is calling for a redo.
The strangled body of Larson’s ex-wife, Susan Casey, was found in the Yellowstone River in 2008.
Larson’s lawyers, Wade Zolynski and Koan Mercer, filed an appeal with the Montana Supreme Court on Monday, asking the court for a new trial, asking the court to withhold statements that Larson made in a 2012 interrogation, claiming that they were unlawfully obtained.
His attorneys argued that police violated Larson’s right to counsel during the interrogation, pushing him to talk even after he made clear that he wanted to speak to an attorney.
They stated that police violated Larson’s right to remain silent with their “repeated (and partially) successful efforts to wear down Mr. Larson’s resistance and change his mind about talking to them.”
And they wrote that Larson’s defense counsel provided “ineffective assistance” by failing to present the court with video from the interrogation.
Larson’s attorney writes: “Had defense counsel introduced the video at the suppression hearing, the district court would have had before it ... evidence of Mr. Larson’s actual, unequivocal response that it was ‘correct’ that he did not want to talk to police until he had a chance to speak with his attorney.”
Court documents say that Casey's husband, Ted Casey, her boyfriend Brad Holzer, as well as Larson, her ex-husband, were investigated, but no charges were brought forward.
During that time Larson moved from Billings to Phoenix, Ariz., to take a job in the mortgage industry.
A few years later, in February 2012, however, Larson was charged with deliberate homicide.
That’s when, court documents state, Montana officials traveled to Arizona to “arrest and question” Larson.
A jury found him guilty of deliberate homicide and tampering with evidence in the April 12, 2008 death of Susan Casey.