Well... I think he will... presently. But I sure do understand the frustration of the families and friends of the deceased -- let alone the many, many, many people who have suffered physical, emotional, and financial damage at the hands of this lunatic. Due to Kelly's health issues, Judge Darrow said in a hearing yesterday that he will not reschedule the presentencing hearing before the middle of October.
Attorney Tom Kelly, still recovering from treatment for a heart condition, appeared alone in court and outlined the defense's difficulties in arranging schedules, both their own and that of the many witnesses they intend to present at a pre-sentence hearing.
Kelly said his doctor has cleared him to defend a client in a jury trial that begins Oct. 19, but emphasized that he was also ordered to be on light duty. He said he needs a second procedure that has not yet been scheduled.
The re-emergence of Kelly prompted Yavapai County Attorney Sheila Polk to suggest that the proceedings could resume immediately, even offering to forego a scheduled family vacation the week of Oct. 7-15. Saying that the state has made a strong showing, both in arguments and pleadings, of "the need to move this case forward," Polk said she would be fine with the previous scheduling, which would have started the pre-sentence hearings on Wednesday.
Darrow, though, said he would not set the hearings and sentencing, which will require at least six court days, to begin before Oct. 15, adding that perceptions that the delays have been solely caused by defense maneuverings were somewhat inaccurate.