Richard’s case was set for jury trial today, but really stood little chance of going forward. The State became aware that one of it’s expert witnesses who lives out of state is unable to appear at trial now in November due to her medical condition. It is a general prerequisite in criminal trials that witnesses testify at trial in-person, because all defendants have the legal right to face their accusers and cross-examine them in-person. Judge Collins knows this and does not want to allow anything wrong to happen in Richard’s case which can be reversed later on appeal. The State tried to argue that with modern technology, the witness could appear via Skype, but no Illinois caselaw supports this, so Collins was forced, once again, to reset the trial date. Any trial delay, like this which is caused by the State is usually assessed against the State’s deadline to bring someone to trial in a timely manner, but Collins assessed the delay to Richard instead. However, the State lost in it’s attempt to have her to reschedule the trial to Feb 6, 2016. It will now instead begin on February 21, 2016, barring the occurrence of any other delays.
A number of issues still remain to be decided by Judge Collins anyways concerning what evidence will be allowed to be presented by each side and how the evidence will be presented. Any trial delay now is minor considering, it took the State years to charge this case in the first place. This delay does however, give the defense additional time now to prepare it’s witnesses and evidence and hopefully procure some expert testimony on Richard’s behalf. Richard’s attorneys have cited a lack of time in which to do this and this delay should now take away that excuse.
RichardWanke.Com 