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Defense Files Motion to Dismiss Charges Against Johnston

 


The arraignment hearing for Cody Johnston was held Tuesday, September 29th in Richland County District Court. Johnston was charged with deliberate homicide and tampering with physical evidence in regards to the 2013 disappearance of Nicole Waller and he pled not guilty to both charges.

Presiding District Judge Greg Pinski from Cascade County and Assistant Attorney General Joel Thompson were present via video conference.

Johnston’s defense attorneys Luke Savage and Casey Heitz will be representing Johnston until a public defender is appointed. Savage and Heitz filed a motion to have the charges dismissed just prior to the hearing Tuesday morning, advising that the State should have sought Leave to File Information from District Judge Katherine M. Bidegary rather than from District Judge Richard A. Simonton. The defense also argued that had the State followed proper procedure, Judge Bidegary would have been responsible for setting bail.

Judge Pinski set the scheduling hearing for October 26th at 1:30 pm in Richland County District Court at which time a formal bail hearing will also be held and the motion to dismiss charges will be addressed.

 

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