|UPDATE - During Circuit Court on Jan. 23, 2012, the case charging Richard Vance for bank robbery in Sept. 2010 will go to trial on February 7, 2012.|
A case against Vance for sexual assault in Calhoun County, pre-trial set for Mar. 12, 2012, set for trial on June 5, 2012.
ORIGINAL STORY (Jan. 23, 2012) The criminal case against accused Calhoun Bank robber Richard Vance could be back on track Monday, with Vance appearing in Calhoun Circuit Court to answer an indictment and have a pre-trial hearing.
Vance, 23, of Orma, has also been indicted for third degree sexual assault of a 16-year-old female, according to Circuit Court records.
Vance, accused of robbing the Calhoun Bank in Arnoldsburg in September, 2010, hit a snag in November, 2011, when Vance's attorney John Oshoway asked for a dismissal because prosecutor Rocky Holmes had not provided discovery as provided by law.
Oshoway told the court, "We submit this as an egregious case of denial of due process."
Prosecutor Holmes told Judge Thomas Evans III there was a number of complications regarding Vance's prosecution, saying it is still an ongoing investigation.
Holmes told Judge Evans he had problems with a lack of resources and getting the documentation to attorney Oshoway, after which Evans asked, "Do we not have FAX machines? ... This is the first time I've heard this argument."
Judge Evans said he was well aware of financial problems in Calhoun, but other prosecutors have managed to get the job done.
See ACCUSED BANK ROBBER'S TRIAL HITS A SNAG - Attorney Asks For Dismissal, 'Egregious Case Over Denial Of Due Process'
A case against William Seth Denmark, 24, for the alleged kidnapping and murder of teen David Wayne Beach, also has problems with
Denmark's attorney Barbara Schamberger requesting that he be bonded and released from Central Regional Jail for "failure of presentment" by prosecutor Holmes, having been incarcerated 22 months.
While Denmark was charged with first degree murder in May, 2011, he has yet to be indicted.
Prosecutor Holmes has called for an investigation of the Calhoun Commission after the commission sent an internal memo to him regarding his performance.
DENMARK SEEKING BOND AND RELEASE OVER COURTS 'FAILURE TO PRESENT' - Related To Alleged Kidnapping-Murder Of Teen David Beach
JUDGE NIBERT DENIES REQUEST TO BOND DENMARK - Prosecutor Says 1st Degree Murder Charge Pending, Judge Orders Psychiatric Evaluation
PROSECUTOR HOLMES REQUESTS INVESTIGATION OF CALHOUN COMMISSION - 'You Can't Have Your Cake And Eat It Too'