HUNTSVILLE, Ala. (WHNT) – A judge was forced Friday to delay a sex abuse trial scheduled for Monday. Lawyers on both sides of the case believe they have more work to do to prepare for trial.
The judge thinks the case against Michael Dewayne Horton is getting old.
Investigators charged Horton with sodomy in 2009. He’s accused of abusing a child in 2008.
Prosecutors stopped pursuing the case earlier this year when a victim refused to cooperate.
The victim changed course less than a week later.
“It involves very serious issues. The problem is we’re finding, on both of the case, lawyers have changed 2-3 times over the years,” said Horton’s lawyer, Robert Tuten.
The judge assigned the case knows, but denied a request from prosecutors and defense attorneys to delay the trial.
Lawyers for the former teacher’s aide and prosecutors have found some evidence missing and noticed some was never gathered.
“We were finding out, at the last minute, the case is really not in a posture for trial,” added Tuten.
Both sides on Horton’s case met with a judge.
The judge agreed to delay the trial and also made it clear both sides need to do their jobs well.
“That’s it. Of course, the main concern on all sides including the judge, is when the case is tried and whatever the verdict is, it’s the proper verdict,” added Tuten.
A judge expects to see Horton along with prosecutors and defense attorneys in August.