This is the third time Aviles, via his attorney, has asked for a trial delay. The judge granted his first two requests and has not yet ruled on the third.
Each time, Weiss has told the court that Aviles is a homicide suspect in another jurisdiction, and that could impact how the gun case is handled.
But this time, Weiss referenced a new mountain of evidence against Aviles.
“A voluminous amount of additional discovery was provided to Defendant on May 10, which counsel needs additional time to fully review,” says Weiss’ Friday filing.
The defender may want to file motions to suppress evidence, he added.
Motions to suppress are calls for a court to keep some evidence out of the trial evidence pool, on the theory that the evidence was obtained in an unconstitutional way.
Weiss’s filing also alludes to ongoing negotiations toward a plea agreement. His filing indicates he and the prosecutor are having “discussions” about a revised plea agreement, but that these negotiations are contingent on Aviles not filing motions to suppress evidence.
If Weiss wants to file a suppression motion on Aviles’ behalf, he only has until Monday to do so. The attorney is asking the judge to reschedule that deadline for a later date as well
The boyfriend of Katie Ferguson, who vanished while driving back to Wyoming with him from another state last fall, remains a suspect in her disappearance. And he now faces a new gun charge that could double his potential sentence to 30 years.
cowboystatedaily.com