Lesky claims again not to be receiving a fair trial in attempted murder case

Andrew Lesky, 43, arrested and charged with two counts of aggravated assault, a third-degree felony and two felony counts of possession of a dangerous weapon by a restricted person.

LOGAN — The July jury trial for Andrew Lesky may once again be delayed after the 44-year-old former Idaho man filed another motion in 1st District Court, claiming that his rights to a fair trial were violated.

Lesky appeared in court for a status hearing Tuesday morning. Judge Brian Cannell said he had received an emergency request from the defendant, claiming that private phone calls between he and his lawyer were being recorded and given to prosecutors.

Judge Cannell said he was concerned about the allegations of intercepted phone calls and asked Lesky’s public defender, Chad Hutchings, to file an official motion if the allegations were legitimate.

Court records show that Lesky sent a seven page hand written letter to the court on April 27. In it, he alleged that a phone call between himself and Hutchings was monitored and recorded by jail staff. He claimed that his rights to attorney client confidentiality had “yet again been so grossly violated” by the Cache County Attorney’s Office and Sheriff’s Office “that his right to receive a fair trial is destroyed beyond repair.”

In January, Lesky filed a similar motion, claiming that jail staff were intercepting his legal mail to his attorney, and that he was being treated inhumanely while incarcerated. Judge Cannell later ruled that the defendant failed to provide substantial evidence to support his complaints and set a jury trial to begin July 11.

Lesky was arrested in April 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 faces a total of 10 felonies and 17 misdemeanors.

During Tuesday’s court appearance, Hutchings told the court he has also filed an official motion requesting Lesky’s trial be moved out of the county because of the amount of news coverage the case has received.

Judge Cannell said he would give prosecutors time to reply and then set a new hearing date to consider the motions.

<hr /><p style=”text-align: center;”>will@cvradio.com

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