Darrell Payne trial set to begin this week

Jury selection began last week at the Ada County Courthouse, in the trial of Darrell Payne, 34, of Nampa.

Roger Bourne, deputy Ada County prosecutor expected jury selection to continue through last week, with opening statements coming today or Tuesday.

Payne is charged with the kidnapping, rape and murder of Boise State student Samantha Maher on July 6, 2000.

Maher was walking to class through Julia Davis Park. Her body was later discovered at Payne’s residence in Canyon County, according to a Sheriff’s Department document.

Payne lived in California until 1994, where he was implicated in one case of window peeping, and convicted of another.

When he moved to Boise in 1995, Payne worked as a chimney sweep.

In 1996, Payne was cited for window peeping after being observed looking in on a female and her fianc?.

Payne was sentenced to 30 days in jail, which was suspended, and placed on probation for 24 months.

Payne is also a suspect in the rape of two 14-year-old girls at Barber Park in June of 2000, though no charges have been filed against him in that case.

“Payne is being prosecuted for first-degree murder and first degree rape, both sentences carry the death penalty in Idaho,” said Bourne.

Prosecutors must convince the jury before they can recommend sentencing to Fourth District Judge Thomas Neville.

“The judge decides the sentence after conviction,” Bourne said.

Prior to jury selection, several pre-trial hearings were conducted regarding admission of evidence.

“We talked about general category evidence and some that concerned husband-wife privilege,” said Bourne.

Payne was arrested in Eugene, Ore., after he called his wife and discussed a possible murder from his motel room, say Sheriff’s Department documents.

These discussions and a note found in the room were the subjects of the hearings although Bourne said there was a ruling prohibiting the use of some evidence.

Matt Neznanski

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