LOGAN — The three-week trial for a 44-year-old former Idaho man, charged with attempted aggravated murder and aggravated kidnapping, has been postponed as the attorney for Andrew Lesky asked to be recused.
Lesky was arrested in October 2014, after reportedly trying to shoot his ex-girlfriend outside her apartment. It is also alleged he threatened her and another man with a handgun and a knife. He’s being held in the Cache County Jail on a $750,000 bail.
Lesky’s attorney, Shannon Demler said state prosecutors were planning to call two new witnesses that are in the jail during the trial. They were expected to testify about some of the alleged happenings in the jail.
“They feel like they are going to be material witnesses to the trial,” said Demler. “The problem is they are my clients currently as well. So it presents a conflict for me to represent them and Mr. Lesky at the same time.”
Earlier in 1st District Court, Demler formally asked to withdraw as Lesky’s legal counsel. He had been representing the defendant since being assigned in October 2014 when Lesky was found indigent.
Judge Brian Cannell accepted the motion. He also warned that there may not be another public defender who wouldn’t have similar conflicts and that the court may have to contract a lawyer from outside the area.
After the hearing, Demler said he had spoken to Lesky earlier about the conflict of interest.
“He understands the position it puts me in if I have to cross-examine people that I am currently representing. That’s a conflict of interest and that his trial will need to be delayed.”
“He is willing to wait to make sure that his trial is done right, to make sure that he gets a fair trial. So he is disappointed. He would like to proceed but he is willing to wait if he needs to.”
Lesky faces a total of 10 felonies and 17 misdemeanors. The three-week jury trial was previously scheduled to begin November 30.
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