Ellis case back in courtPublished 11:30pm Thursday, August 1, 2013
By Robbyn Brooks and Thomas Graning
Andre Ellis’s attorney and state prosecutors were in court Thursday morning for a scheduling conference to discuss a new trial date for the man accused of two rapes in Troy.
Based on the amount of evidence, new witnesses and when a court transcript will be ready, J. Taylor said he’d need at least 120 days to prepare for a new trial for his client.
Taylor also filed a motion to strike the majority of the state’s exhibits.
Taylor, Circuit Judge Jeff Kelley, and assistant district attorneys Chris Kaminski and Josh Wilson discussed a time frame for the trial that will last about a week and run an estimated 10 to 12 hours each day.
Ellis’ new trial could begin early next year.
Ellis was convicted of raping two young women at Hunter’s Mountain Mobile Home Estates on March 27 and sentenced to 85 years for each case and 20 years for a burglary that took part during one of those crimes. On May 17, Ellis’ conviction was overturned by Judge Kelley. Kelley’s eight-page order cited several issues, including “inconsistency” in one victim’s testimony and “reasonable probability” that the results of the first trial would have been different if the state had disclosed other evidence.
Prosecutors filed a motion on May 24 to set aside the judge’s order granting a new trial, challenging Kelley’s jurisdiction and several of the issues he raised in his May 17 order.