Archive for Tuesday, January 9, 2007

Trial delayed in aggravated battery case

Witness in case was shot night before original court date

January 9, 2007

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A judge today set a new trial date for an aggravated-battery case that was postponed last month when the key witness was shot and seriously injured hours before trial.

During a brief hearing in District Court, Judge Robert Fairchild rescheduled Louis G. Galloway's trial for Feb. 26. The trial originally was set to begin Dec. 20, but it was postponed after the victim in the case, Michael S. Miller, 38, was shot six times in Ottawa in what prosecutors allege was a plot to keep Galloway's trial from going forward.

Four Lawrence residents, including a woman prosecutors say is Galloway's sister, have been charged with the shooting. But Galloway has not been charged and maintains he had nothing to do with it.

If convicted at trial of battering Miller, Galloway faces roughly 13 years in prison because of his long criminal record. But a court-appointed defense attorney spoke out Tuesday in Galloway's defense, saying that there's evidence Galloway was acting in self-defense during the fight with Miller in September 2005.

Had the trial begun as scheduled, defense attorney Andrew Piekalkiewicz said, Galloway stood a good chance of being acquitted.

"I think it boiled down to a fight over crack cocaine," Piekalkiewicz said. "Pretty much everybody that was a witness or involved in this incident was either drunk or high on coke or both."

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