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Wednesday, October 29, 2008
Ind. Courts - "Supreme Court won’t halt molest trial"
Shawn McGrath of the Anderson Herald Bulletin reports:
The Indiana Supreme Court denied Tuesday a defense attorney’s emergency request to stop a Tipton man’s trial on child molestation charges and ordered it to proceed.Defense attorney Zaki Ali filed the motion Tuesday on behalf of Steven W. Everling, shortly after Everling’s trial began with jury selection in Madison Circuit Court. Ali sought the postponement after Judge Fredrick Spencer refused Ali’s request for a new judge.
Ali had asked for a new judge in five criminal cases in September after Spencer purportedly used an expletive to describe another of Ali’s clients, Christopher J. Mier, during Mier’s initial court hearing in July. * * *
While the Supreme Court justices refused to halt Everling’s trial, they did ask for Spencer to write a brief responding to Ali’s claim that Spencer should have recused himself from the five cases. The Supreme Court also gave the Madison County Prosecutor’s Office and Indiana Attorney General’s Office the opportunity to file briefs. The deadline is Nov. 10 to file the briefs, and then the Supreme Court will take the issue into consideration.
Posted by Marcia Oddi on October 29, 2008 10:28 AM
Posted to Indiana Courts