Judge Denies Motion To Continue Anglesey Trial

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A motion to continue the trial for a Green River Police Officer charged in a toddler’s death was denied today in Third Judicial District Court.

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Judge Rick Lavery denied the motion filed late last week by defense attorney Joshua Merseal on behalf of his client, 35-year-old Jacob Anglesey.

Anglesey faces a charge of Murder in the First Degree for the death of two-year-old Konnor Allen. Allen died in 2009 after suffering a head injury while in Anglesey’s care.

The request to continue the trial focused on a variety of documents and information recently provided to the defense by the prosecution and concern that other documents may be available to the State that have not been provided to the defense.

The State argued that many of the documents were only recently discovered by the Sweetwater County Attorney’s Office. The defense argued that many of the documents in question were in the possession of law enforcement agencies and therefore were in the possession of the prosecution, even if they did not know of their existence.

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Anglesey spoke on his own behalf. He told the judge that he understands that he would be the one continuing to stay in jail until a trial takes place, but that he would like to know that his defense has had all the information available provided to them.

“I just need more time,” Anglesey told Judge Lavery.

Judge Lavery ruled that the trial would not be continued and is still scheduled to begin on September 11, 2017. He said most of the information alleged in the motion was “much ado about very little.”

Judge Lavery did, however, say some discovery violations did occur—primarily the State’s failure to provide the defense with statements made by EMT’s listed on the witness list until recently. While the State says they do not intend to call those witnesses, Judge Lavery said they still were obligated to provide those full statements to the defense. Lavery said he did not believe it to be harmful, but it was a violation.

Lavery imposed conditions that the State provide affidavits by Friday showing that they have all the information related to the case from other agencies involved such as the Division of Criminal Investigation, Department of Family Services, and Green River Police Department. He also ordered the State to review their information to ensure all information that could help Anglesey’s case has been turned over to the defense.

In addition, he ordered the State to provide Anglesey’s defense team with any additional information, statements, and documents which they obtain from now on.

The trial is still set to begin September 11, 2017.

Anglesey remains held on a $500,000 cash or surety bond.

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