The prosecution expressed concern Friday about whether attorneys for a woman charged with involuntary manslaughter needed more time to prepare for a trial scheduled for next week.
But without a new motion for a continuance, the judge said there is nothing he could do in regards to delaying the trial for Monica F. Rivera.
The trial is still scheduled to begin Monday in Leavenworth County District Court.
Rivera is charged with involuntary manslaughter and endangering a child. She is not accused of killing her son, Gabriel. But the prosecution argues Gabriel died Oct. 4 as a result of Rivera leaving her 4-year-old son in the care of Jason L. Jones.
Jones was sentenced last month to more than 38 years in prison for the second-degree murder of the boy.
Rivera and Jones were living together in Leavenworth at the time of Gabriel’s death.
Rivera’s attorneys asked July 23 that the trial be continued, but the motion was denied by District Judge Gunnar Sundby.
Rivera was in court again Friday as prosecution and defense motions were taken up before trial. And Assistant County Attorney Cheryl Marquardt asked to revisit issues previously raised by the defense in regards to the request for the continuance.
Marquardt said the prosecution was ready for the case to go to trial, but she wanted to make sure the defendant’s rights are protected and there is a fair trial.
“We made our request last week and it was denied,” said Deb Snider, one of Rivera’s attorneys.
Snider said since the motion for a continuance was denied, the defense had been working around the clock to prepare for the trial.
Snider asked that if Marquardt was wanting to make a motion for a continuance, the prosecutor make it.
Sundby took a recess to consider what he referred to as the latest developments.
After he returned, Sundby asked Snider if the defense was prepared for trial.
“Judge, we are as prepared as we can possibly be under the circumstances,” she said.
Sundby noted there was no new motion for a continuance. He said the prosecution was not in a position to ask for a continuance because of a speedy trial requirement. Such a requirement wouldn’t apply to a defense request.
Sundby said the parties were at an impasse.
“I don’t know what else I can rule on,” he said.
Leavenworth, Kan. —
