|A Calhoun man accused of murder spoke to the court yesterday, saying "I'm asking for mercy," citing two years of incarceration without being indicted and standing trial.|
William Seth Denmark, 24, appeared before Judge David W. Nibert, represented by his attorney Barbara Schamberger, who has been seeking his release on bond and home confinement related to the state's failure to present a case against him.
Speaking to Judge Nibert, Denmark made a case that he had been cooperative with authorities, saying he was not a flight risk and that he did his time for former legal problems.
"I've been in jail for two years without a trial," he repeated.
Judge Nibert said he would be making a decision Friday regarding a request to dismiss Denmark's charges based on the failure of prosecutor Rocky Holmes to make a presentment within time frames set by law.
Prosecutor Holmes denied a problem in January saying, "We will present the defendant's case to a grand jury in March for the first degree murder of David Beach."
Denmark has been incarcerated since 2010 on multiple charges related to the death of teen David Beach.
He was charged by State Police in May, 2011 with the first degree murder of Beach, with Denmark yet to be indicted on that charge.
Judge Nibert, at the request of Denmark's attorney, modified an earlier order seeking psychiatric evaluation by sending him to a center, now an evaluation will be performed by a forensic evaluator individually.
Police went to the Denmark farm in February, 2010, when a Spencer woman claimed she witnessed Denmark bury Beach in a grave after killing him in 2006.
In January, 2012, Judge Nibert ruled against the release of Denmark, saying he would continue reviewing the matter.
Schamberger claims there is no link to Denmark and the death of Beach.
She told the court in January that Denmark has a history of serious psychiatric illnesses which need to be addressed.
"This man has his rights ... My client needs some relief," describing his behavior in Central Regional Jail and his difficulty to respond to her interviews with clarity.
In another case, Thomas Husk, 45, who was charged with 2nd degree murder in June, 2011 of John Dale Cyrus, 45, has yet to be indicted, with a time frame for presentment reportedly expiring.
Prosecutor Rocky Holmes did not respond to a request to comment on the status of the case.
Husk, according to a complaint, shot Cyrus three times, after Cyrus approached Husk who was in his car. The men had allegedly been in a dispute over family matters for some time.
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