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May 30, 2008

Derr gains appeal on battery charge

By CHRISTINA EICHELKRAUT
PVT

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With the success of his appeal May 13, William Derr, 41, will have a second chance to stand trial on a single misdemeanor charge of battery.

Derr stands accused of accosting a woman outside Valley Bar the evening of April 1, 2007.

He was arrested in June 2007 for his alleged involvement not only in the above-mentioned incident, but also because he became a suspect in two separate sexual assaults that occurred in the valley in March and April last year.

Bob Glennan, Derr's court-appointed defense attorney, based his appeal primarily on the argument that the court had failed to give him adequate notice of a trial and consequently he was unable to present key witnesses at the hearing.

Glennan said he believed the court date was for a preliminary hearing for a separate, unrelated charge Derr was facing.

Fifth District Court Judge John P. Davis ordered the trial remanded back to Pahrump Justice Court for a new hearing on the basis that Glennan had requested a continuance at the beginning of the hearing and the continuance was denied.

Furthermore, the remand order said the notice given to Glennan of the court date did not indicate a trial was planned.

At his new hearing, Derr will be represented by a new defense attorney, Rick Lawton.

Derr's trial for two alleged sexual assaults is scheduled for June 2 in Tonopah Fifth District Court.














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