Battle Creek feed lot owner’s jury trial pushed back to December
MADISON, Neb. — With the jury trial originally being set for Oct. 16, new information was found which dates the alleged felony theft further back than originally set.
County attorney Joseph Smith said new information was found during a deposition.
The original dates that the alleged theft occurred was from Jan. 9, 2022 through Aug. 31, 2022.
Belina’s attorney Eric Hagan asked to push back the felony trial to review new evidence disclosed during a deposition.
The deposition revealed that the alleged thefts occurred between November 2020 to August 2022.
Hagan said a motion may be placed to recuse the county attorney’s office.
“I’ve had some concerns that could be almost per-say ineffective assistance if I don’t strategically consider a motion to recuse the county attorney’s office at some point in this case,” Hagan said.
Judge Mark Johnson set Belina’s pre-trial for Oct. 27 and rescheduled the jury trial for Dec. 11.
Belina also faces a separate trial for a sexual abuse case that is set for pretrial on Dec. 1.