Judge denies motion to keep missing Marion man's name out of federal firearms trial

CEDAR RAPIDS — A judge on Wednesday denied a motion by Matthew Robbins, being retried next week on federal firearm and drug charges, asking the court to prevent the prosecution from naming a missing Marion man who police presume is a homicide victim.

Mike Lahammer, Robbins' lawyer, said in the motion several of the prosecution's witnesses testified in the first trial, which ended in a hung jury, about Robbins meeting James Booher. or 'Jim Bob,' in a parking lot of a strip club to buy methamphetamine. Another witness testified about Booher's 'activities' at the Ely farm where Robbins lived in 2014.

Lahammar argued since that trial, there have been several articles and news broadcasts about law enforcement searching for Booher, 51, last seen on May 31, 2014, and a forensic team excavating a burn pit at the Ely farm for possible human remains. Lahammer said that evidence is irrelevant to the charges being retried next week.

'Its purpose could only serve to cause undue and prejudicial speculation on the part of the jury,' Lahammer said in the motion.

In resisting the motion, Assistant U.S. Attorney C.J. Williams said the prosecution doesn't intend to elicit testimony from the witnesses about Booher's involvement with Robbins or the sale of meth. However, Williams argued the defense can't demonstrate the mention of Booher's name by a witness would create prejudice or result in an unfair trial.

Two witnesses will mention Booher in testimony to explain when they saw Robbins with a gun, Williams said. But that testimony suggests nothing about Booher being killed or that Robbins is somehow connected.

Williams argued the defense is also speculating that jurors have read the news articles or viewed the broadcasts regarding Booher's disappearance and that they will connect him to Robbins or this trial. Those pretrial publicity concerns can be addressed in jury selection, Williams added.

The defense's biggest concern seems to be about the forensic dig in the burn pile at Robbins' former residence, but that is necessary because agents recovered shell casings from a .45 caliber brand of ammunition in the pile, Williams said. And there will be testimony that Robbins fired a .45 caliber handgun at his residence.

Williams said this trial will be much like the last one, which didn't elicit any testimony about Booher's disappearance or murder.

Robbins hasn't been charged in Booher's death, and authorities haven't confirmed what was recovered at the dig site.

In Williams' trial memo filed Monday, he uses Booher's initials, along with other witnesses who are only listed by their initials, in the summary of evidence.

Lahammer said Wednesday that U.S. District Senior Judge Mark Bennett, who is presiding over the new trial, denied his motion, but the ruling was sealed, so he couldn't provide details.

Robbins, 42, is charged with one count each of possession of stolen firearms, possession of firearms and ammunition by a felon and unlawful drug user, possession of firearms by a felon and unlawful drug user and possession of an unregistered sawed-off shotgun. He is accused of having a two stolen .45 caliber handguns and ammunition on April 18 through June 3, 2014, according to the fifth superseding indictment. He is charged with having two other handguns while being an unlawful user of meth and marijuana on Feb. 23 through April 2014 and being in possession of a sawed-off shotgun in January through June 3, 2014.

He has at least eight felony convictions, according to the indictment.

The trial starts Monday in U.S. District Court. It's expected to last through Friday.