WARSAW — For the sixth time, a hearing on the motion for change of venue and motions in limine for Brandon T. Woody, Syracuse, charged with murder, has been continued. The date of Dec. 10, has been vacated and a new date set for 1:15 p.m. Jan. 5.
The motion to reschedule the hearing was made by Woody’s attorney, Scott Lennox, on Nov. 12, and was granted by Circuit Court Judge Michael Reed.
This is the sixth time the hearing has been rescheduled. After months of the motion for a change of venue not having a hearing date, the courts on Sept. 21, scheduled the hearing for Nov. 11. It also set a seven-day jury trial at that time to begin at 8:30 p.m. April 28, to be held April 28-29, May 2-6.
On Sept. 24, the court advances the hearing from Nov. 11 to 9 a.m. Oct. 21, then on Sept. 29, the hearing was again advanced by the court to 10 a.m. Oct. 13.
On Oct. 8 the court filed a motion to continue the hearing and the Oct. 13 date vacated. It was on Oct. 12 the time of 1:30 p.m. Dec. 4 was set for the hearing on the motions. A motion for issuance of a protective order was also filed by the state on Oct. 29, and granted by the court.
The hearing was continued on Nov. 10 to 1:15 p.m. Dec. 10. But the defense, on Nov. 12, requested the hearing rescheduled and was granted the request. The hearing is now set at 1:15 p.m. Jan. 5.
The hearing on Jan. 5 will revolve around arguments relating to the defense’s request for a change of venue. There will also be two requests for motion in limine presented. Motion in limine is a motion requesting the judge rule certain evident not be introduced. One motion concerns character evidence.
Protective Order
The protective order, filed Oct. 29, granted by the judge, orders: the identity of any confidential informant documents or information relating to CIs be made available to the defense; no additional disclosure of the CI’s identity or copy of any documents or information relating to CIs supplied by the state be made by the defendant, the defendant’s attorney, investigator, expert or any other representative or agent of the defendant, without permission of the court following notice to the state and opportunity to object.
The order also states the CIs identity, documents and/or information relating to CIs supplied by the state not be used for any purpose other than to prepare for the defense and not be publicly exhibited, shown, displayed, used for educational, research or demonstrative purposes or any other fashion, except in judicial proceedings or disciplinary proceedings; information may be communicated or/and exhibited only by parties, their counsel counsel employees, investigators and exports and only those persons may be provided copies of any transcript or substance of any portion except in judicial and/or disciplinary proceedings; and any and all copies of information not entered into evidence, be returned to the prosecutor’s office or kept in a secured manner by the defense counsel and the order does not terminate up resolution of the matter, but remain in force until contrary order of the court.
Woody is charged in the Feb. 19 deaths of Tara Thornburg and Joshua Knisley.
The seven-day jury trial, at this time also includes Kyle DeHart.