LOGAN — For the second time, a 1st District Court judge has refused to transfer Andrew Lesky to a different jail, move his trial to another venue or drop the nine cases against him.
Judge Brian Cannell told the defendant and his public defender, Chad Hutchings, that the three-week trial will be heard in Logan and will still begin October 11, as previously scheduled.
The ruling Wednesday afternoon came after a day of testimony from Lesky and five deputies from the Cache County Sheriff’s Office, including Lt. Doyle Peck, who oversees the jail.
In June, Lesky again filed three motions that included requests to dismiss his charges, change the venue and relocate him to the Box Elder County Jail. He claimed jail staff were monitoring his private phone calls to his attorney and unfairly targeting him. Also that the amount of media coverage surrounding his case has made it impossible for him to receive a fair trial.
During Wednesday’s hearing, Hutchings told the court how several times right after speaking with Lesky on the phone, he could hear inaudible voices in the background.
Peck demonstrated to the court how the the jail’s phone system worked. He told the court, once an attorney registers his phone number with the jail, it is impossible for anyone to be able to listen to calls made to them from inmates.
State attorney Spencer Walsh said at no time has any confidential information between Lesky and his attorney been given to him. He also explained that even though Lesky has made threats, jail staff were not treating him differently than other inmates.
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 faces a total of 10 felonies and 17 misdemeanors.
While issuing his ruling Judge Cannell said he felt like Lesky could receive a fair trial in Logan. He said even though it is an alleged heinous crime, similar cases have and are being heard in this area.
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