DECATUR, Ill. (WAND) - A bench trial scheduled for Thursday for a Decatur couple accused of child pornography has been rescheduled for late September.
Douglas R. Nichols, 54, and Kelly J. Nichols, 52, are facing charges of child pornography.
The pair were arrested in December 2022. They are out of jail on bond and have pleaded not guilty.
Thursday, Nichols' attorney filed a motion to compel or bar evidence that is on file. Attorney Andrew Wessler told the court a new report of cell phone data was given to them on Monday and they need time to review the new report, but felt their expert wasn't given the proper time to analyze the data at the Decatur Police Department.
A Decatur police detective took the stand and told the court Wessler's expert emailed him about coming to the Decatur Police Department at 9 a.m. on Wednesday to review the report. However, the detective said he didn't receive that email until after he had left the office for the day on Tuesday.
On Wednesday morning just after 7 a.m., he responded to the email, letting the expert know he could come to the department at 9 a.m.
The detective said the expert didn't show, and by 10 a.m. he sent an email to the expert stating he didn't have time the rest of the day to accommodate.
Because of that, Wessler wants the report omitted from the trial.
Macon County State's Attorney Scott Rueter rebutted that claim, stating the detective was busy and waited an hour before emailing the expert back to let them know he couldn't accommodate.
However, Macon County Judge Lindsey Shelton ruled the defense needed to be given time to review the report, but she would not bar the evidence from being used in the case.
Due to the report and limited time for review by the defense, the bench trial scheduled for Thursday was continued to late September.
Copyright 2024. WAND TV. All rights reserved.
