A defense request for a major delay in the capital murder trial of Brian Horn has been denied.
Horn, 37, is a twice-convicted sex offender charged with first degree murder and aggravated kidnapping in the March 30, 2010 asphyxiation death of 12-year-old Justin Bloxom.
The boy's body was found in a watery ditch in the woods just off Highway 171 south of Stonewall.
Police say Horn used text messages and posed as a girl to lure Bloxom from a friend's home.
Horn's attorneys had asked for a 10-14 month delay in the start of the trial, set to begin March 11, because one of the attorneys on the defense team was expected to withdraw from the case.
"We were very much against it, very much against it because we think it's time this case finally comes to trial," said Desoto Parish District Attorney, Richard Johnson Jr.
A motion for that attorney, Daryl Gold, to withdraw was also denied. Gold is representing Horn on behalf of the Louisiana Capital Assistance Project. The non-profit provides indigent defense for defendants facing the death penalty in Louisiana, Mississippi and Texas.
The denial of the motion to withdraw made the motion for continuance a moot point, so it was denied also.
At Wednesday's hearing, DeSoto Parish District Judge Robert Burgess said the trial will begin as scheduled on March 11.
Burgess told the court that he believes his word on these motions will not be the final word, indicating that he expects other judges to weigh in.
Expressing his concern over Horn's right to counsel Judge Burgess told the court "This strikes at the very foundation of our system of government."
Johnson believes while today's resolution was favorable for the prosecution, it's also not a fully resolved issue, and he expects appeals.
"There are some statewide implications here also. And a lot of it depends on who has the right to decide the right to counsel and some things that the Louisiana District Attorney's Association thought it was important enough to make an appearance here today, if only for a show of support," said Johnson.
Johnson was referring to Caddo District Attorney, Charles Scott who is the President of the Louisiana District Attorney's Association.
Sunday, August 31 2014 3:28 PM EDT2014-08-31 19:28:29 GMT
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