|The jury trial of William Seth Denmark, charged with the first degree murder of David Beach, has been delayed with Judge David W. Nibert setting the trial for August 28, with a pre-trail hearing scheduled for August 13.|
It had been scheduled for July 31, but the recent cancellation of state court proceedings because of storm damage, has apparently caused the delay.
During Friday's hearing, Judge Nibert approved the request of defense attorney Barbara Schamberger for a co-counsel for Denmark's defense. The court appointed Ernie Skaggs.
Following two-years of incarceration without an indictment, an indictment was delivered for first degree murder in March, 2012.
Judge Nibert denied a request in May to place Denmark on home confinement.
In May, Schamberger complained she had not received all the discovery from Prosecutor Rocky Holmes due in the case. Holmes explained some of the discovery items had been difficult to obtain.
Attorney Schamberger, commenting on information she had received during discovery, said "The information is not playing out."
Prosecutor Holmes acknowledged there are "new discovery issues."
The Denmark case has been beleaguered with problems, including both of his parents being charged and incarcerated with multiple crimes police said were related to the alleged murder. Those charges have since been dropped.
Denmark's mother, Jackie Denmark, filed a civil rights suit in March against Cpl. Douglas B. Starcher in U.S. District Court. Starcher is the chief investigating officer in the case.
JACKIE DENMARK SUES TROOPER STARCHER OVER CIVIL RIGHTS VIOLATION - Suit Claims Abuse Of Legal System
Seth Denmark's incarceration has been based on testimony given by a Spencer woman who claims she saw Denmark shoot and bury Beach at the Denmark farm in 2006.
When authorities went to the property, they found the alleged grave empty.
In March, 2010, the criminal complaint says the grave-site was unearthed, and according to Prosecutor Rocky 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.
Cpl. Douglas 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.
Calhoun Prosecutor Rocky Holmes told the Hur Herald in May, 2011 that, "We have a positive forensic report from the Smithsonian Institution."
DENMARK CASE TAKING NEW TURN - Forensic Evidence Bolstering Prosecution
In another criminal case involving the shooting death of John Cyrus a year ago, Thomas Husk is set for a jury trial on July 31.