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Archive for Monday, August 30, 2010

Judge OKs delay in case filed after woman attacked on bike path

The trial of William Nichols has been delayed because the judge says new information has come to light.

August 30, 2010

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A Douglas County judge on Monday agreed to delay the September trial of a man accused of attacking a woman in June on a southwest Lawrence bike path.

Michael Clarke, a defense attorney for William Nichols, met in chambers during a motion hearing with District Judge Peggy Kittel to discuss a “confidential reason” for requesting that the Sept. 13 trial be moved to a later date.

Kittel agreed to reschedule the trial to November or later after Nichols, 30, waived his right to a speedy trial. Clarke, who said in court new information recently surfaced, asked for more time to investigate it before the trial.

He said he did not want the information to come out in open court.

Nichols faces charges of aggravated kidnapping, attempted rape and aggravated battery. He’s accused of grabbing a 23-year-old woman off her bike and attacking her June 16 on the bike path between the Youth Sports Complex soccer fields and Clinton Lake.

Two men rescued the woman and chased her attacker away, who was later arrested by officers. At the time of the attack, the woman was visiting a family in Lawrence.

Kittel is expected to set a new trial date for Nichols during a scheduling conference Friday morning.

Comments

bigdave 4 years, 4 months ago

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skinny 4 years, 4 months ago

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Stuart Evans 4 years, 4 months ago

yes, because tribal justice is obviously the best way to live. Even though this guy is swimming in guilt, we still have to provide him the same opportunity in the justice system that any of us would demand.

rousseau108 4 years, 4 months ago

Considering the victim lives in another country, the defense might be trying to drag out the proceedings enough hoping that the victim will ultimately give up and not come back to the US for the trial.

Russell Fryberger 4 years, 4 months ago

No, they'll drag it out until he gets off with a slap on the wrist. Remember the drunk driver that killed the girl from Wheatfields? I have no hope for justice any longer.

just_another_bozo_on_this_bus 4 years, 4 months ago

Sounds more like other crimes by this guy have been discovered, and a guilty plea may be in the offing.

Steve Jacob 4 years, 4 months ago

I'd rather serve my time at the Douglas County Jail then say Lansing or Hutchinson, so maybe a stall tactic .

bearded_gnome 4 years, 4 months ago

Kittel agreed to reschedule the trial to November or later after Nichols, 30, waived his right to a speedy trial. Clarke, who said in court new information recently surfaced, asked for more time to investigate it before the trial.

He said he did not want the information to come out in open court.

---if "other crimes" were discovered, seems like they'd already be public information.

I'm wondering what kind of mythical magical "new information" warrants delaying the trial but the lawyer doesn't want it discussed in open court!

yes, Nichols deserves his rights. but we have rights to free speech too.
the crime he is charged with is deeply offensive to our community's sense of justice.

Richard Heckler 4 years, 4 months ago

The more delayed the more the victim might forget. Hmmmmmmmmmm.

Sigmund 4 years, 4 months ago

I have no idea why Judge Kittel granted the defense motion but I wouldn't read too much into any of this. I would guess it was merely a personal scheduling issue of the attorney or one of their witnesses. There is no indication that this was ex parte (although the article doesn't affirmatively state the prosecution was represented) and the defense agreed to waive any speedy trail Constitutional rights, which was likely the DA's main concern for a delay of the trial.

bearded_gnome 4 years, 4 months ago

Sigmund, then why the reference to "new information" and not wanting that information out in open court?

mdfraz 4 years, 4 months ago

gnome, what "free speech" rights are being violated by this guy getting a continuance? I'm not trying to defend him; it seems like a pretty strong case, but your comment perplexes me. Not sure what his "deeply offensive" crime has to do with anyone's speech.

killfloor 4 years, 4 months ago

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bearded_gnome 4 years, 4 months ago

Mdfraz my comment is intended the other way. we have the free speech rights to speak out on crime in our community. that's what I mean. just as the accused has the presumption of innocence In the court, we have the freedom of speech to discuss this case (see earlier posters).

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