August 1st Jury Service Cancelled
County criminal jury trial postponed
Published July 28, 2011 @ 6:43 p.m.
Garza County Citizens who were called for jury duty for Monday, August 1 will not have to appear according to District and County Clerk, Jim Plummer.
After hearing tesitmony on Wednesday concerning a motion for continuance submitted by defense attorney Dan Hurley who represents Nickey Kim Nickels of Muleshoe, County Judge Lee Norman granted the motion in the interest of justice.
County Attorney Mike Munk, who opposed the motion, informed the court "that Mr. Hurley had already been granted not less than five continuances already, and the State would be ready for trial Monday as scheduled."
Mr. Hurley explained to the judge that he had a vacation planned and that he had not had time to request the transcript from the original jury trial. The boating while intoxicated hearing in May ended in a hung jury and according to court records, on May 23, 2011 the judge ordered a mistrial.
At the hearing Judge Norman expressed dissatisfaction with Hurley's reasons for rescheduling, but felt that due to the situation, rescheduling the trial was the best option.
While the judge stated in an interview following the hearing that he could not comment on an ongoing trial, he explained "I am the mediater and it is my responsibility to be sure that the laws are upheld. The decision to grant the motion for continuance was made in the interest of fairness for both parties."
"A new date for the jury trial has been set for an October date and a new jury pool will be summoned for the hearing," according to Plummer.