Driver’s attorneys to request motion to dismiss, closed courtroom and sealed records
By Robert Perea. The Fernley Reporter and Leah Wilkinson, Pizen Switch Times
Attorneys for the man charged with kidnapping and murdering Naomi Irion last year said during a court hearing Friday they plan to file a motion to dismiss based on a lack of jurisdiction and another to close the courtroom to the media and seal the records in the case.
Attorney Richard P. Davies told the court during a status hearing for Troy Driver in Third Judicial District Court in Yerington that he is filing a “Motion to Dismiss for Lack of Jurisdiction”. Davies had previously field a motion to dismiss on June 29, 2022 in Canal Township Justice Court, arguing that the criminal complaint charges that the murder occurred in Churchill County, where Irion’s body was later found. That motion was denied by Justice of the Peace Lori Matheus.
Davies also informed the Court that the defense would be filing a “Motion to Stipulate a Closed Courtroom from Media and to Seal Courtroom Records”. Judge John Schlegelmilch stated that this was a motion that would also need to be addressed at a hearing for the Court to determine if the open courtroom should be closed; saying that there exists a balance between the defendant’s rights and constitutionality.
District Attorney Steve Rye did not indicate whether he agreed or opposed the motion to close the courtroom and seal the records, but when Schlegelmilch asked the defense and the district attorney if they had any Issues of Discovery, Rye requested a stipulation that details of search warrants remain sealed. The defense agreed.
The Court also asked the defense if there were any issues of disability, to which the defense replied that there were not.
Schlegelmilch ordered that any expert witnesses be disclosed to the defense, district attorney, and Court four months prior to trial date, by March 9, 2024. The Judge further reminded all parties to be inclusive with all appropriate communications, hearing transcripts and filed documents.
Schlegelmilch stated that all presenting parties needed to be prepared technologically in utilizing the courtroom system, which has been recently updated. Also a Zoom link will be available for anyone to access during the trial.
The Court is scheduled to hear these motions on the dates of July 27 & 28, or August 2 & 3, depending on the availability of the courtroom due to ongoing construction at the Lyon County Justice Complex. If neither of those dates are available, the court set a firm date of November 1 & 2 to hear the motions.
Normally there are two District Court rooms that operate full time. Through June of 2024 there will only be one courtroom available for two District Court judges and a newly appointed Family Court judge.