Schmitt Trial Delayed
Published on April 28 2012 12:48 pm
Last Updated on April 29 2012 9:38 pm
Judge Michael Kiley today granted a defense request to have the July jury trial date vacated in the case of former Effingham resident Gary Schmitt.
The 47-year-old Schmitt is charged with killing his father Jack in June 2010 and with stabbing Jodi Bourland and her daughter at their home in Edgewood in January 2011. The defense is pursuing an insanity defense.
During today's hearing, the defense indicated a key witness in their case, a forensic psychiatrist, would be unavailable to testify in July. State's Attorney Ed Deters had no objection since any delay is attributable to the defense and since Schmitt remains held in custody without bond.
Kiley set a hearing to consider any pre-trial motions for 1:15pm on May 18. It's hoped a new trial date could be set at the May hearing.