By JOSH NEWTON
Prosecutors have responded to accusations a Tahlequah man has been denied his right to a speedy trial.
James “Jim” Neill Lindsey, 56, is facing charges of lewd or indecent acts to a child, performing a lewd act in the presence of a minor, and rape by instrumentation.
Lindsey recently asked the court to be placed before a jury on the next trial docket, which begins in May. Court documents filed on behalf of Lindsey by his attorney, Jerry Moore, allege prosecutors failed to “safeguard [Lindsey’s] constitutionally protected right to a fair and speedy trial through the unwarranted delays in bringing its case.”
Lindsey was formally charged in January 2012.
Assistant District Attorney Marena Doolittle filed a response last week saying the state has never requested a continuance or delayed the proceedings in the case, while Lindsey has twice continued the case – once during the preliminary hearing set for September 2012, and again in December 2012.
Doolittle also pointed out that Lindsey is not jailed – he is free on a $50,000 cash bond – and that there is no evidence he has been or will be prejudiced by any delay.