Montana Supreme Court Denies New Trial for Kalispell Man Convicted of Murdering Wife in 2020
Bradley Jay Hillious argued he was entitled to a new trial because Flathead County officials did not properly assemble a jury panel while also erroneously admitted testimonial hearsay
By Maggie Dresser
The Montana Supreme Court last month denied a new trial for a 38-year-old Kalispell man convicted of murdering his wife in 2020 after he filed an appeal shortly after his sentencing in 2022 to 100 years in the Montana State Prison.
A Flathead County jury three years ago convicted Bradley Jay Hillious of felony deliberate homicide following a 10-day trial in the death of his wife, Amanda Hillious, who died from strangulation.
Hillious has maintained his innocence since the charges were filed in 2020.
According to Hillious’ appeal brief filed by appellate defenders Tammy Hinderman and Jeff N. Wilson, the defendant argued he is entitled to a new trial because the clerk of court did not comply with the statutory requirements for assembling a jury panel. He also argued the Flathead County District Court erroneously admitted testimonial hearsay in violation of his right to confront witnesses.
In the March 25 opinion drafted by Justice Laurie McKinnon, the Montana Supreme Court concluded the jury selection processes did not rise to the level of substantial noncompliance and Hillious did not show that the violation was a result of non-random or subjective criteria. He also failed to timely object to the jury’s formation and neither his objection nor motion for a new trial were timely.
Justices James Jeremiah Shea, Beth Baker and Jim Rice joined in the opinion while justices Katherine Bidegaray and Ingrid Gustafson dissented. Chief Justice Cory Swanson recused himself from the matter.
The opinion references the Flathead County homicide case of Jonathan Douglas Shaw, whose defense attorneys argued that the jury was “improperly drawn” when Flathead County Clerk of Court Peg Allison did not follow proper protocol. According to the motion, she failed to follow up with residents who didn’t respond to their jury notices, contaminating the jury pool and violating the defendant’s right to a fair and impartial jury. Flathead County District Court Judge Dan Wilson denied Shaw’s request for a new trial following his conviction.
Additionally, Hillious also argued the district court violated his right to confrontation when it allowed as evidence inadmissible hearsay statements from the victim, including a temporary order of protection she filed against the defendant, a text message exchange between the victim and her coworker, and additional hearsay witness testimony.
The high court ruled that while Hillious’ rights were violated by the admission of certain evidence, he had not shown that he was prejudiced by the error, according to the opinion.
Hillious’ efforts seeking a new trial began three years ago shortly after a Flathead County jury convicted him of a felony count of deliberate homicide in his wife’s death.
Prior to Hillious’ sentencing, his former defense attorneys, Jami Rebsom and Suzanne Marshall, filed a motion 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 said lacked merit.
Judge Robert Allison, the former Flathead County judge who presided over the trial, rejected the motion, saying the references were contextualized and did not violate the defendant’s right to a fair trial.
Defense attorneys also argued that the facts of the case did not support a conviction for deliberate homicide and evidence suggested 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.
Flathead County Attorney Travis Ahner said Hillious could not be charged with mitigated deliberate homicide because the defense argued at trial that Amanda was killed by either falling down a set of stairs or at the hands of her father-in-law; when they failed to prove those arguments, the prosecutor said, they changed their defense, suggesting Hillious acted under the influence of extreme mental or emotional stress, which could support a lesser offense.
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 also countered that claim, arguing that community-wide prejudice was unsupported, and that the defendant was afforded a fair group of jurors due to the lengthy jury selection process.
On March 8, 2022, Judge Allison sentenced Hillious to 100 years in the Montana State Prison before the defendant filed an appeal with the Montana Supreme Court the following May.
Hillious has maintained his innocence since the charges were filed in 2020 and implied during the sentencing hearing that his father, who died by suicide shortly after his wife’s death, was the true offender.
“I have pleaded and maintain my innocence throughout this whole process,” Hillious said at his 2022 sentencing hearing. “I will continue to maintain my absolute innocence until the real truth is acknowledged. There is no conclusive evidence to believe beyond a reasonable doubt that I was in fact the person that caused the death of another, especially with a more likely suspect who is known (to be) violent and hostile toward others.”