Judge denies continuance in manslaughter case

By John Richmeier
Posted Jul 23, 2010 @ 07:17 PM
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A judge has denied a request to continue the trial of a woman charged with involuntary manslaughter for the death of her son.

The trial of Monica F. Rivera is scheduled to begin Aug. 2.

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.

Defense attorney Deb Snider argued for the continuance Friday in Leavenworth County District Court on the same day several other motions were argued in the case. She cited seven reasons in support of the request for the continuance.

She said Rivera was willing to waive her right to a speedy trial if she hadn’t already.

Snider said the defense needs to be as prepared as possible to rebut the allegations in the case.

Assistant County Cheryl Marquardt objected to the request for a continuance.

District Judge Gunnar Sundby noted there is an issue regarding a witness the prosecution is seeking to use at trial. The judge also acknowledged he’d just made many new rulings in response to defense and prosecution motions.

But he said the basic outline of the case has not changed since it was filed.
Rivera initially was charged in October with aggravated endangering a child. The charges later were amended.

“Much of the information remains essentially the same,” Sundby said.

After denying the defense request, the judge scheduled another hearing for July 30 to take up other motions before the trial.

Rivera remains free on bond.

A judge has denied a request to continue the trial of a woman charged with involuntary manslaughter for the death of her son.

The trial of Monica F. Rivera is scheduled to begin Aug. 2.

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.

Defense attorney Deb Snider argued for the continuance Friday in Leavenworth County District Court on the same day several other motions were argued in the case. She cited seven reasons in support of the request for the continuance.

She said Rivera was willing to waive her right to a speedy trial if she hadn’t already.

Snider said the defense needs to be as prepared as possible to rebut the allegations in the case.

Assistant County Cheryl Marquardt objected to the request for a continuance.

District Judge Gunnar Sundby noted there is an issue regarding a witness the prosecution is seeking to use at trial. The judge also acknowledged he’d just made many new rulings in response to defense and prosecution motions.

But he said the basic outline of the case has not changed since it was filed.
Rivera initially was charged in October with aggravated endangering a child. The charges later were amended.

“Much of the information remains essentially the same,” Sundby said.

After denying the defense request, the judge scheduled another hearing for July 30 to take up other motions before the trial.

Rivera remains free on bond.

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