CASCADE - A trial for Nez Perce County Commissioner Michael A. Grow on a sexual assault charge has been moved to April 16 in Cascade, four months later than originally scheduled.
Defense attorney James E. Siebe of Moscow also asked 4th District Judge Michael McLaughlin on Thursday to unseal a grand jury indictment so he could secure some information.
Siebe told the court he received more information in the case from Valley County Prosecuting Attorney Matthew Williams. Grow earlier asked for a delay, charging the state was not turning over legally mandated information needed for his case.
McLaughlin scheduled a pretrial conference for April 5. Motions must be filed by Feb. 29 and the deadline for discovery is Jan. 30. Both sides waived a speedy trial in the matter.
Grow is charged with one count of felony penetration by a foreign object. He was indicted by a Valley County grand jury in July.
He is alleged to have inserted his fingers into the vaginal opening of a female acquaintance against her will while he, the woman and her husband were staying in a residence at Tamarack Resort near Donnelly. Grow pleaded innocent to the charge, and a Dec. 12 trial was set.
Siebe later charged he had not received telephone logs of conversations that supposedly took place between the alleged victim and her husband the morning of the incident, or the names and contact information of potential witnesses or police reports. He said Williams claimed the information was for rebuttal purposes.
Siebe said Thursday more information has been obtained from the prosecution prior to the pretrial conference.
"We have, based on recommendations from (the state), that a lot of what I moved to compel either doesn't exist or they've given it to us, or we had a disagreement on how I interpreted a phone conversation or email," Siebe said.
Valley County law enforcement officers and/or prosecutors were in Nez Perce County at least three times, conducted interviews and obtained documents from various county offices, according to the court file.
Siebe asked McLaughlin - and Williams did not object - for disclosure of the personnel files of a former Valley County deputy who was the original investigator in the case, if for no other reason than allowing the court to review that document.
Williams said he agreed with waiving a speedy trial if the court would reopen discovery for both sides.
"There is some DNA testing we have sent out for," he said.
Siebe also asked the judge if he could unseal the grand jury records, including questionnaires used to select the panel and its voting record.
Williams said he believed the voting record could be allowed, but was hesitant about the questionnaires.
"I know the grand jurors were apprehensive about signing them," Williams said. "I had assurances from the court that this would be sealed. I ask the court to use some discretion in this case on whether there really is a need for the defense to have that."
McLaughlin took that issue under advisement.
Siebe also filed a motion Tuesday asking for a change of venue, or alternatively to move the trial to a different county. That wasn't discussed Thursday.
Grow is a first-term commissioner. He unseated longtime commissioner J.R. Van Tassel in 2008.