BEATRICE – A Beatrice man whose trial was to begin Wednesday, has been granted a delay.
Gage County District Judge Rick Schreiner has set a new trial date of December 13th, after Gage County Public Defender Lee Timan today sought more time to review what the state indicates is new evidence in the case charging Dusty Mayhew.
Mayhew’s trial on a charge of burglary was to begin this week, but Deputy Gage County Attorney Justin Huber said the state did not have the additional evidence at the time of an original deadline for discovery, which was last July 5th.
Judge Schreiner told the prosecution that November 20th is a cut-off date for any further evidence.
:17 “to trial, on this”
Schreiner noted that Mayhew has been in custody since January, on the burglary charge. The judge also granted a defense motion to take depositions, regarding the new evidence which includes an addition to the witness list in the trial.
Defense Attorney Timan told the judge Monday that his client has been moved from custody at the Diagnostic and Evaluation Center, to Omaha. He said he plans to meet with Mayhew this week to discuss the new evidence the state filed in a November 1st motion.
In September, Mayhew was ordered to serve two years in prison for a sex offender registry violation, and a concurrent 18 months for a driving on a suspended license.