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Judge denies Nielsen's request for a new lawyer By
Kelsie Clark LOGAN -- At Tuesday's suppression hearing for Cody Nielsen, Judge Clint S. Judkins denied two pre-trial motions made by the defense. Nielsen is charged with the kidnapping and aggravated murder of 15-year-old Trisha Autry of Hyrum. He is currently serving a prison sentence for unlawful sexual activity with a minor, which is unrelated to Tuesday's hearing. Defense Attorney David Perry first requested that pre-trial hearings be closed to the media. "If evidence is suppressed [at today's hearing] it could still get out to potential jurors," Perry said. "It shouldn't be out there for public scrutiny." Judkins denied the motion, because he said he had not been notified of the request in advance. He said he would consider the matter for future hearings. Judkins next dealt with the motion recently filed by Nielsen, which requested that Perry be replaced with new counsel. Nielsen was granted permission to enter the judge's chambers and explain the reasons behind his motion. After a lengthy discussion, this request was also denied. "It's obvious to the court that there is a personality conflict between Mr. Nielsen and Mr. Perry," said Judkins. However, he explained, Perry has done the bulk of the legal work in this case, and it would be unfair to appoint new counsel with the trial less than three months away. He encouraged Nielsen and Perry to work toward better communication. The defense filed a motion asking to suppress certain statements made by Nielsen in interviews with police. Oral arguments on this matter were scheduled for Tuesday's hearing, but Wyatt said because he only recently received the information he was unprepared to proceed. Judkins allowed Wyatt until Nov. 5 to file a response. A hearing was set for Nov. 7 where he will make his ruling.
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