The trial date has been moved for the former Luther Band Teacher charged with raping a student.
Jury selection was slated to begin Monday, April 3, for Kyle Whitmus’ trial. However, after an attorney meeting Monday morning, the trial has been pushed back a month. The reason – the prosecution has not produced all of the evidence for the defense including cell phone records, according to defense attorney Sam Talley.
Late Monday afternoon, the OSCN website updated:
JUDGE G. JONES: DEFENDANT APPEARS IN CUSTODY WITH ATTORNEY. STATE APPEARS BY ADA. STATUS CONFERENCE HELD. MOTION TO CONTINUE TRIAL SUSTAINED. CALLED DOCKET CONT TO 05/05/17 AT 10:00AM, JURY TRIAL SET FOR 05/08/2017 9:00AM
The new trial date is tentatively scheduled for May 8, pending the judge’s schedule, according to Talley.
Whitmus, the Luther Band teacher, was arrested more than a year ago and charged with rape in the first degree and several counts of indecent or lewd acts with a child under sixteen. He remains in the Oklahoma County jail.
Whitmus has pleaded not guilty to the charges.
The news of the delay of the trial came as a surprise to many in Luther who have received subpoenas to testify. There have been many motions filed in the case that will be decided at trial, including a motion by the defense to enter “hearsay” evidence, and a request for the jury to tour the crime scene which is the Luther schools band room.
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