Dates for a murder trial in Burke have been set after the South Dakota Supreme Court decided against hearing the state’s appeal to include more evidence.
Russell Bertram, 64, Sioux Falls, formerly of Colome, is scheduled to face a jury in a trial in September that could last for three weeks.
Bertram is suspected of first degree murder but prosecutors will not have the testimony of his ex-wives, which they thought could be used to prove motive.
Bertram, a former Harrisburg police chief, is charged with murder in the shooting death of his fiancé, Leonila Stickney in October 2009 which was initially ruled a hunting accident. Bertram grew up in Colome and served as police officer from November 1988 to August 1991.
A trial was originally scheduled for February but was delayed after the state asked the supreme court for the right to appeal a decision made by the circuit court on Jan. 28 that said the testimony of the three ex-wives were “unfairly prejudicial.”
The state said Bertram’s history of jealousy and abuse, revealed through the women’s testimonies, could serve as a motive. But the defense argued that the state was just trying to portray Bertram as a bad person as there is no history of violence between Bertram and Stickney.
An order issued by the supreme court said the court “expresses no opinion as to the merits of the state’s appeal” for a hearing to potentially overturn the circuit court decision but the request was denied.
Bertram and Stickney were engaged in 2009.
Bertram later married Stickney’s sister, Melissa del Valle, who has since filed for divorce.
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