Lena Conaway was in Lewis County Circuit Court on Wednesday, Jan. 31, on a motion filed by her attorney, Tom Dyer, to delay her trial. Judge Jacob Reger accepted the motion, and moved her trial date to April 16. Her trial was originally scheduled for February.
Dyer argued that as the defense gets closer to a trial date, it has become apparent that more facts have been uncovered and they need more time to investigate. This will allow the defense to be adequately prepared.
Lewis County Prosecuting Attorney Christina Flanigan did not oppose the motion. She also cited that with witnesses having to travel to Lewis County from across the state, and some out of state, it would be better to wait until inclement weather was not a danger. Flanigan added that jurors would be affected by inclement weather, as well.
Melvin Jimmie Nicholson, Jr., 25, of Weston, who was originally indicted on five counts of forgery and four counts of uttering, appeared in court on his third probation violation. Nicholson acknowledged allegations in the petition, and wished to proceed to disposition.
According to the Marion County Day Report Center (DRC) Case Manager Ryan Rundell, Nicholson failed to appear for morning classes on two separate days in December, and consumed over the counter “blister packs” cold medicine. Nicholson denied the failure to appear allegations, citing he had a medical excuse. He did, however, admit to abusing the “blister packs,” saying he had had a cold and his need to “get high” was overwhelming.
Rundell was called to testify and told the court Nicholson was required to report everyday to the DRC, attending classes and doing community service. When questioned by defense attorney James Hawkins, Jr., Rundell said he could not confirm if Nicholson had made up missed community service days or not, and if Nicholson did not sign in for classes he could not confirm if he was present for those, either.
Rundell said all he had while on the stand is violations. He added the DRC would take Nicholson back into the program.
The state asked for his probation to be revoked, but Hawkins argued that Nicholson was improving, even though he was not where he needed to be in his treatment.
Nicholson apologized to the court and to Rundell, saying Community Corrections has helped him. Reger did not revoke his probation, but did sentence him to 30 days in jail.
“I hope you prove to me I’m making the right decision,” Reger added.
Once released, Nicholson will return to the DRC.
David Robinson, 35, of Weston, who was originally charged with one count of delivery of a controlled substance, methamphetamine, within 1,000 feet of a school, one count of conspiracy to delivery of a controlled substance, Methamphetamine, within 1,000 feet of a school, and one count of delivery of Methamphetamine, pleaded not guilty to all counts. His trial is scheduled for May. His bail is set at $2,500 surety and $2,500 personal recognizance, and will participate in Community Corrections as a condition of his bail.