The sexual assault trial of Brandon Levi Gilbert, a former Miami University building and grounds assistant who was indicted for allegedly raping a female Miami student last fall, has been postponed by a week.
Last October, Oxford police arrested Gilbert for attacking the student in the backyard of an off-campus house after she asked Gilbert to walk her home from a bar Uptown.
Gilbert initially pleaded not guilty to five counts of sexual assault charges, including a first-degree felony for rape, during a Dec. 12, 2018, plea hearing. His trial was set to begin Tuesday, Feb. 19.
But at the beginning of January, assistant prosecuting attorney Kelly Heile submitted a third discovery package of evidence in the Butler County Court of Common Pleas, according to the case’s court docket.
Two weeks later, Gilbert’s lawyer, Wayne Staton, filed a motion for continuance to reschedule the trial, so the defense would have more time to review the prosecution’s evidence against Gilbert.
On Wednesday, Staton was granted more time to prepare for the case when Judge Gregory Howard ordered Gilbert’s new plea entry and trial setting hearing begin on Wednesday, Feb. 27.
Staton submitted Gilbert’s waiver of his rights to a speedy trial. A representative from Staton’s office explained that it was in Gilbert’s best interest to give Staton as much time as possible to prepare Gilbert’s defense.
On Jan. 15, Staton filed a motion to remove Gilbert’s ankle monitoring device, explaining that his client would be able to perform his maintenance “job duties” at his new employer more efficiently without it and citing Gilbert’s “three months of compliance” with the court.
Howard has yet to rule on the motion.
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