The Sheridan County Fourth Judicial District Court is setting another pretrial conference for Christopher Labuy to discuss when to hold Labuy’s trial.
Labuy is charged with second degree murder by Sheridan County Prosecuting Attorney Matt Redle and has entered a plea of not guilty.
Labuy’s defense attorney, Erin Wardell, requested a continuance since she is still waiting on results from the crime lab. The lab has been slowed by a lack of resources on the state’s end.
Judge John Fenn was hesitant to grant the continuance. If the trial is rescheduled, there is a possibility that it won’t take place until January or later.
“It’s further complicated by Mr. Redle position,” Fenn said. “I don’t know if he’s willing to be reappointed as a special prosecutor or what his plans are if we go past the January 1 date. It’s complicated by his retirement. He’s not going to get out that easy I guess.”
Matt Redle, the current county and prosecuting attorney, said that his participation in a trial past January 1 would depend not only on his own wishes, but also those of his successor.
Wardell suggested an October trial date. Fenn said that an October trial for Labuy was doubtful.
“We’ve been kind of keeping a very close eye on that and already have several things stacked behind,” Fenn said.
Fenn asked Wardell how much time she would need to prepare after receiving the lab results. The results could help or hurt Wardell’s case, a factor which Fenn noted would make the question difficult.
“It’s really hard to say, your honor,” O’Dell said. “If I got the report rather quickly, I could make quite a bit of use within a month’s time”
Fenn is unsure of when the four-day trial will be set, but they will schedule another pretrial conference to determine a feasible outcome.
“We can set a new pre-trial,” Fenn said. “We can fit that in.”