LAKEPORT — A judge approved Friday the continuance request of a man charged with 11 felonies, including premeditated attempted murder and torture, delaying the trial date until January 2011.
Judge Arthur Mann ruled Friday at the Lake County Courthouse that the continuance motion filed by the defense attorney representing Joshua Wandrey demonstrated “good cause” for the trial start date to be delayed.
The trial for Wandrey, and his co-defendant Thomas Dudney, was set to begin with jury selection on Tuesday.
Wandrey, of Rohnert Park, and Dudney, of Fulton, face 11 felony charges, including torture, first-degree battery and assault with a firearm, after allegedly shooting, torturing and hogtying Lakeport resident Ronald Greiner on Oct. 20, 2009.
Attorney Stephen Carter, who represents Wandrey, submitted the continuance motion earlier this week, originally requesting a six-week delay to allow him adequate time to prepare with an expert for which his client recently received funding.
Carter and District Attorney Jon Hopkins asked Judge Mann to continue the trial until after Jan. 1, 2011 because the six-week window originally requested would have the trial beginning during the winter holidays.
“The reason I want to avoid the winter holidays specifically is jury selection,” Carter said during Friday”s trial assignment hearing. He said he thought it would be more difficult to produce an amply sized jury pool during the winter holiday season.
Doug Rhoades, attorney for Dudney, said he recognized the two defendants” cases “are joined, but told Judge Mann that his client preferred to have the trial begin as soon as possible.
Hopkins said he also agreed the trial should begin in the new year because it would be “futile to start in December,” referencing that he will no longer be Lake County DA in 2011.
Rhoades, a candidate for Lake County DA, would be unable to participate in Dudney”s defense if elected.
Judge Mann continued the case until January 2011, scheduling trial assignment for Jan. 21 and jury selection for Jan. 24.
Wandrey and Dudney will next appear in court Jan. 10 at 3 p.m. for a settlement conference and trial readiness conference, during which any attorney changes would be addressed.