LIMA — A Lima man accused to attempted rape and gross sexual imposition for an alleged sexual encounter with an underage individual on Monday morning waived his right to a speedy trial.
Cody Sutherly, 26, was indicted in June by an Allen County grand jury on a first-degree felony charge of attempted rape and a third-degree felony charge of gross sexual imposition. The indictment alleges that on or about March 1, 2016 through March 1 of this year Sutherly did attempt to engage in sexual conduct with another whose age at the time was less than 13.
Defense attorney Jerry Doute told the court some “new information” in the case had recently come to light and asked Cheney to push back his client’s Sept. 24 jury trial. Cheney set a new trial date of Nov. 13.
Doute suggested that a motion to employ an expert witness with professional experience with the topic of sleepwalking would be filed soon in the case.
Reach J Swygart at 567-242-0464.