THIBODAUX, Louisiana — A state judge has ruled against all but one of a 2012 triple homicide suspect's reasons for requesting a trial delay, but the defendant could still get a new trial date after a hearing next month.
The Daily Comet reports (http://bit.ly/1fwrQAb) David Brown is set to appear July 8 before state District Judge John LeBlanc in Thibodaux. His attorneys are awaiting information on DNA analysis from the Jefferson Parish Sheriff's Office Crime Laboratory.
Brown is charged with first-degree murder in the Nov. 4, 2012, stabbings of 29-year-old Jacquelin Nieves and her daughters, 7-year-old Gabriela and 1-year-old Izabela, and set the family's apartment on fire to cover up the killings. His trial, set for Sept. 14, has already been delayed three times.
The New Orleans-based Capital Defense Project of Southeast Louisiana — Brown's second set of attorneys — asked for another delay to review evidence, interview potential witnesses and prepare for possible sentencing. Prosecutors are seeking the death penalty.
In a written opposition to the delay, Lafourche Parish District Attorney Cam Morvant II said Brown's attorneys were not entitled to the DNA analysis protocols because his office doesn't plan to use that information as evidence.
Lead defense attorney Kerry Cuccia told LeBlanc Monday that he expected the current trial date to be a problem when it was set at a February hearing.
"We told the court then that we thought September would be a difficult date to meet but we would try," he said.
Cuccia had also asked for a hearing before the Louisiana Supreme Court regarding the suppression of Brown's statements to investigators, but the court denied that request on Friday.
Information from: Daily Comet, http://www.dailycomet.com