The appearance of unexpected new evidence has once again delayed a preliminary hearing for Billy Kissner of Cedaredge, charged with second degree murder in the death of his wife, Rayelynn, at their home in 2010.
In a joint motion before Judge Sandra Miller, district attorney Dan Hotsenpiller and defense attorney R.L. Benjamin asked that Kissner's hearing be delayed for a second time because of "new discovery" in the case.
The prosecution and defense are still evaluating how the new evidence will affect their cases, Hotsenpiller said. "We are still talking about a lot of things," he told Judge Miller. The new evidence involves "additional statements."
Benjamin added that the evidence is "wholly new information" in the case.
Kissner's preliminary hearing was rescheduled for Oct. 11 at 10 a.m. Miller scheduled two hours to hear the matter.
A preliminary hearing is a criminal law proceeding that is held to determine whether there is probable cause to believe the defendant committed a crime within jurisdiction of the court. Therefore, the appearance of wholly new evidence affecting the case is important to the defendant's right to a fair trial.blog comments powered by Disqus