2008 Woodie Awards
Abernathy trial delayed
Nora Maberry/News Editor
Issue date: 3/4/08 Section: News
Jason A. Abernathy's drug trial was postponed on Monday.
Abernathy is charged with possession of a methamphetamine. Abernathy is accused of having methamphetamine on May 1 at the grain elevator where he was employed.
A hearing to review the case, as well as the case against Abernathy stemming from charges of aggravated domestic battery, was set for March 14 at 2:30 p.m.
Abernathy is accused of beating Charleston resident Gina L. Giberson on Oct. 16 at her home at 211 Fourth St. Giberson suffered severe injuries to her head and face and spent two weeks in a coma.
Abernathy's attorneys asked for the drug case to be delayed to investigate new prosecution evidence, including a man who prosecutors said would testify that Abernathy told him he had methamphetamine in May.
On Feb. 22, Circuit Judge Gary Jacobs ruled that a witness could say he saw a bulge in Abernathy's pocket and that it was gone after Abernathy briefly went behind a building. But the witness wasn't able to say if he thought methamphetamine was what Abernathy had in his pocket. At the Feb. 22 hearing, attorneys said methamphetamine was later found next to some railroad tracks near the grain elevator.
On March 14, Abernathy's attorneys will announce the name of the DNA expert they will call during the trial.
Abernathy was originally arrested May 2 on the drug charges.
His bond was revoked in November by Jacobs based on evidence that he attacked Giberson while he was out of jail on bond.
He is currently jailed without bond.
Because of Abernathy's prior criminal record, if convicted of aggravated domestic battery, he'll face a prison sentence of six to 30 years. The charge of possession of a methamphetamine carries a two- to 10-year prison term.
Nora Maberry can be reached at 581-7942 or at nemaberry@eiu.edu.
Abernathy is charged with possession of a methamphetamine. Abernathy is accused of having methamphetamine on May 1 at the grain elevator where he was employed.
A hearing to review the case, as well as the case against Abernathy stemming from charges of aggravated domestic battery, was set for March 14 at 2:30 p.m.
Abernathy is accused of beating Charleston resident Gina L. Giberson on Oct. 16 at her home at 211 Fourth St. Giberson suffered severe injuries to her head and face and spent two weeks in a coma.
Abernathy's attorneys asked for the drug case to be delayed to investigate new prosecution evidence, including a man who prosecutors said would testify that Abernathy told him he had methamphetamine in May.
On Feb. 22, Circuit Judge Gary Jacobs ruled that a witness could say he saw a bulge in Abernathy's pocket and that it was gone after Abernathy briefly went behind a building. But the witness wasn't able to say if he thought methamphetamine was what Abernathy had in his pocket. At the Feb. 22 hearing, attorneys said methamphetamine was later found next to some railroad tracks near the grain elevator.
On March 14, Abernathy's attorneys will announce the name of the DNA expert they will call during the trial.
Abernathy was originally arrested May 2 on the drug charges.
His bond was revoked in November by Jacobs based on evidence that he attacked Giberson while he was out of jail on bond.
He is currently jailed without bond.
Because of Abernathy's prior criminal record, if convicted of aggravated domestic battery, he'll face a prison sentence of six to 30 years. The charge of possession of a methamphetamine carries a two- to 10-year prison term.
Nora Maberry can be reached at 581-7942 or at nemaberry@eiu.edu.
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