A case against William Seth Denmark, 24, for the alleged kidnapping and murder of teen David Wayne Beach, continues in Calhoun Circuit Circuit with Denmark's attorney Barbara Schamberger now requesting he be bonded and released from Central Regional Jail.|
Judge David W. Nibert will hear a motion Wednesday for bond to be issued to Denmark for "failure of presentment" by Calhoun Prosecutor Rocky Holmes.
Denmark has been incarcerated on kidnapping and other charges since police went to the Denmark farm in early 2010, after a Spencer woman gave testimony that she witnessed Denmark burying teen David Beach in 2006.
During a December, 2011 hearing before Judge Nibert, the case was continued after being bound over from Magistrate Court.
Denmark has yet to be indicted on the murder charges filed in May, 2011.
This is the second time in just over one month that defense attorneys have ask Calhoun Circuit Court for reductions in high-profile cases, alleging the cases have not been prepared or presented in a timely manner.
Defense attorney John Oshoway, in December, requested a case against accused Calhoun bank robber Richard Vance be dropped because prosecutor Rocky Holmes had failed to provide discovery in a timely matter.
See ACCUSED BANK ROBBER'S TRIAL HITS A SNAG - Attorney Asks For Dismissal, 'Egregious Case Over Denial Of Due Process'
The Denmark case has had problems because a body was not found in a dug grave.
Investigators re-visited the grave-site in March, 2010.
The criminal complaint says the grave-site was unearthed, and according to Prosecutor Holmes, soil and content of the grave was sent to the Smithsonian Institution in Washington DC for forensic analysis.
The latest complaint says new forensic information confirms a .38 caliber bullet was found in the grave and other samples indicating a human body was once at the site. Authorities have contended Beach's body had been removed.
Cpl. Doug Starcher, lead investigator, said in the complaint that a ".38 caliber revolver recovered in March, 2010, was identified by the eyewitness to be the murder weapon used to kill Beach."
The criminal complaint also says the .38 caliber weapon was the gun Denmark used to shoot Aaron Lloyd in the leg in 2006, during another incident.
Also on Wednesday's docket, State vs. Matthew Ryan Nichols, for sentencing and 11 juvenile cases.
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SETH DENMARK CHARGED WITH MURDER OF DAVID WAYNE BEACH III - New Forensics Build Case, Bullet Found In Grave
SETH DENMARK BOUND OVER FOR GRAND JURY CONSIDERATION - Bullet Recovered From Shooting Incident