GLASGOW — The trial for a Glasgow man charged with rape has been pushed back — by one day.
Nicholas L. Depp, 43, will face a jury on July 20 instead of July 19.
The defendant, who is representing himself, is charged with first-degree rape, first-degree sodomy and unlawful imprisonment.
The indictment alleges that on July 25, 2005, he had sex with a then-17-year-old through “forcible compulsion” and that he restrained her.
Depp has a second case pending where he is charged with first-degree attempted rape and unlawful imprisonment. A second victim was involved in that case, which allegedly took place on July 23 or 24, 2005, according to the indictment.
Assistant Commonwealth Attorney Traci Peppers filed the motion requesting a trial delay because Glasgow Police Department Sgt. Jimmy Pedigo would not be available to testify on July 19.
Judge Phil Patton asked Peppers if Pedigo was a “critical witness in this case.”
“Yes, your honor,” she responded. “He took some statements from Mr. Depp.”
Patton then asked Depp what his position was on the motion.
“Sir, I would like to absolutely object to any continuance of the trial,” Depp said.
The defendant then immediately began discussing a copy of a motion filed by the commonwealth that had been discussed in his June 18 court appearance regarding his questioning of the alleged victim.
Depp alleged that a faxed copy of the motion, which requested he not be allowed to question the victim personally, was sent to someone in eastern Kentucky before he obtained a copy.
“I don’t know how many people have seen that in eastern Kentucky, but come to find out it was a direct violation of my 14th amendment,” he said.
Peppers said a copy of the motion was hand delivered to Depp on the day of court, as well as faxed.
“The reason we faxed it is to make sure he actually got it before he was in court so he couldn’t make the argument he didn’t know about it,” Peppers told the judge.
At the June 18 court appearance, Patton ruled in favor of the defendant by denying the commonwealth’s motion.
“You won,” Patton told Depp on Monday. “Let’s don’t revisit it when you’re ahead of the game.”
Regarding a new trial date, Sept. 13 was originally sought, but Pedigo would not be available on that day because of his sergeant training.
Attorneys were advised, however, that Pedigo would be available on July 20.
Depp seemed satisfied with the secondary trial date.
“It’d just tickle me to death,” he said.
Local News
Man accused of rape has new trial date
Will defend himself in proceedings beginning July 20
- Local News
-
-
Ambulance board OKs outsource billing
After a thorough discussion during Wednesday’s board meeting, the Barren-Metcalfe Emergency Medical Services decided to outsource its billing to AMB-MARS (Medical Accounts Receivable Systems doing business as AMBulance Medical Billing), contingent on AMB-MARS adding a guarantee clause on its work.
-
Teen named local youth of the year
Rayne Triplett has been practicing the speech she will give at the end of the month when she travels to Frankfort to compete for the Boys and Girls Club’s 2012 State Youth of the Year title.
-
Howard lauded for G/T work
Glasgow Superintendent Sean Howard was presented the Kentucky Association for Gifted Education’s Michael Caudill Educator Award on Monday at the annual KAGE conference in Lexington.
-
Teens to be tried as adults
Barren Circuit Court released the names of two juveniles charged in an armed robbery in October, after the court decided to try the teens as youthful offenders in adult circuit court.
-
Payne pleads guilty to lesser charge
A Glasgow man who had been facing a felony charge of custodial interference pleaded guilty Tuesday in Barren Circuit Court to a lesser charge.
-
Rowland will take Comer's seat for now
A Monroe County businessman will fill the unexpired term of former state representative Jamie Comer, according to the results of Tuesday’s special election.
-
County struggles to provide EPA report
Barren County Road Department Head Johnny Kinslow called his bi-monthly report to the fiscal court his “gloom and doom” report Tuesday night. After five years of letters and discussions, the Environmental Protection Agency has informed Kinslow that he must produce a closure report for underground fuel tanks that were removed 13 years ago, or face unnamed consequences.
- MORNING UPDATE: Two juveniles charged as adults in robbery
- MORNING UPDATE: Tebben blogs from New York
-
Chamber names Travis ‘Outstanding Citizen’
Winning the Outstanding Citizen of the Year Award Monday night came as a complete surprise to Dr. Bill Travis.
- More Local News Headlines
-
Ambulance board OKs outsource billing
Obama Gives Education Waivers to 10 States
Giffords Aide to Run for Her Seat
LA School in Sex Abuse Scandal Reopens
Winter Slamming North Asia, Parts of Europe
Syrian Forces Renew Bombardment of Homs
States, Banks Reach Foreclosure-abuse Settlement
Raw Video: Italy's Mount Etna Bursts Into Life
Greeks March; Angry Despite Debt Deal
Raw Video: U.S. Pullout Celebration
Raw Video: Annual Empire State Building Run-Up
Man Killed in Courthouse Shootout
Air Force Airlines: Leaders Get Polished Service
Ga Girl Fights Off Kidnapper at Walmart
Nevada Highway Patrol, City Settle Beating Case
Homs Bombardment Continues, Global Outcry Grows
Raw Video: Dog Rescued From Icy Colo. Water
Skip the Coffee Cup and Inhale Your Caffeine Fix
