Kalispell Man Convicted of Homicide Seeks New Trial

The defense attorneys for a Kalispell man convicted of deliberate homicide filed a motion for a new trial, arguing that the state’s closing arguments violated the defendant’s right to a fair trial and improperly influenced the jury, a request that prosecutors say lacks merit.

In January, a jury found 35-year-old Bradley Jay Hillious guilty in the death of his wife, Amanda Hillious, who he claimed fell down a flight of stairs at their Kalispell home in December 2020.

Hillious is scheduled to appear before Judge Robert B. Allison on March 7 at 1:30 p.m. in Flathead County District Court to ask for a new trial.

According to the motion filed by Hillious’ attorneys, Jami Rebsom and Suzanne Marshall, the prosecutor made inflammatory, improper personal references during closing arguments, including calling the defendant a “liar,” which Hillious says he objected to.

Flathead County Attorney Travis Ahner, however, opposed the motion for a new trial, arguing the defendant failed to object to the statements in closing arguments, to which he cited a transcript. He added that the prosecutor’s comments were “within the context of the evidence.”

Defense attorneys also argue that the facts of the case did not support a conviction for deliberate homicide and evidence suggests Hillious should have been charged with mitigated deliberate homicide because there was no evidence presented that Amanda’s death was planned, according to the motion.

Prosecutors say Hillious could not be charged with mitigated deliberate homicide because the defense argued at trial that Amanda was killed by either a set of stairs or her father-in-law and have only now changed their defense, arguing the defendant may have acted under the influence of extreme mental or emotional stress.

Additionally, Rebsom said the trial should have been held at a different venue since many potential jurors were excused from the case who “had a pre-determined opinion about the case,” the motion states.

Ahner responded that community-wide prejudice was unsupported, and the defendant was afforded a fair group of jurors due to the lengthy jury selection.

A 12-person jury deliberated for five hours following 10 days of trial before unanimously convicting Hillious on Jan. 14. He was reprimanded to the custody of the Flathead County Sheriff’s Office, where he remains. A sentencing hearing is scheduled for March 8 at 1:30 p.m. Hillious faces a maximum term of life in prison.