In new documents filed in the murder case against Erik Ohlson the Jackson man is quoted saying “It’s not a whodunit issue.”
Several incriminating quotes are included in papers that the state of Idaho filed in response to the defendant’s discovery requests.
“It’s really more of a sentencing issue than a guilt or innocence issue, unfortunately,” Ohlson reportedly said in a phone call from the Madison County Jail.
Ohlson’s defense attorney James Thomas has demanded that Teton County (Idaho) Prosecutor Billie Siddoway turn over every piece of discovery the state has.
In a court hearing Friday, Thomas accused Siddoway of withholding information.
“The state doesn’t want to turn things over,” Thomas said. “And this isn’t the only issue we have with discovery.”
Siddoway said she has provided the defense with every piece of discovery she is legally required to.
In the discovery response she filed Siddoway lists statements by Ohlson that she says he has made during the past two years during phone calls from Madison County Jail or during jail visits. Prosecutors monitor Ohlson’s recorded telephone calls and visits.
“I guess you can say I found out where my breaking point was,” Ohlson reportedly said.
The 41-year-old is accused of killing his ex-girlfriend Jennifer Nalley in July 2016 at Nalley’s Teton Valley, Idaho, cabin.
Ohlson wrecked his truck near the crime scene and was arrested for DUI while Nalley’s body lay on her porch.
He was subsequently charged with murder when Nalley’s uncle and grandmother discovered her body the next day.
Ohlson is charged with two counts of murder, one for Nalley and another for her 12-week-old fetus.
The case has been on a pretrial rollercoaster for the last two and a half years.
Ohlson confessed to shooting his pregnant ex, but his attorneys later got the admission tossed by winning a Miranda argument in the 7th Judicial District.
Ohlson has also tried without success to fire his attorneys several times in the past few months.
Some of the strongest evidence the state has presented until now is text messages they say Ohlson sent his friend Erin Landry in the hours leading up to the murder.
He has addressed those in jail conversations, Siddoway claims.
“I sent Erin some texts that were definitely premeditation,” Ohlson reportedly said.
Nalley and Landry were both on the Jackson Hole Juggernauts roller derby team.
But Ohlson and Landry are lifelong friends.
“She seems interested in having this baby without me except for when it comes to money,” Ohlson allegedly texted Landry the night of the murder. “I want to strangle her and witness her last mortal moment. I want to see her beg for her life.”
Landry replied, “Stay out of contact with her.”
Documents don’t mention who Ohlson has received visits or phone calls from in his time behind bars.
“What I thought was going to make me happy made me happy for about an hour,” Ohlson reportedly told someone. “I can’t justify what I did. That’s not in dispute. But there is a lot leading up to it.”
Ohlson said he caused a big mess and he’s waiting to see what the courts will do with him.
“I actually want the worst rather than something in the middle,” Ohlson reportedly said. “I am not going to spend the rest of my life living like some f---ing family dog that no one wants to put to sleep.”
Ohlson’s attorneys filed a motion to declare the death penalty unconstitutional.
“In the decade between 2008 and 2017 over 300 intentional homicides were committed in the state, but only one was punished by a sentence of death,” his attorneys wrote. “Therefore within the state the punishment has become cruel and unusual.”
Ohlson faces two counts of first-degree murder and burglary charges with a deadly weapon enhancement.
His capital trial is scheduled to begin June 3, 2019, in Bingham County, Idaho.