May 29, 2024

The Pizen Switch Times

Established 2021

Troy Driver Status Hearing Before District Court : May 26, 2023

Yerington, Nevada ~ A small number of people congregated at 9am in the District Courtroom located in the Lyon County Justice Center in Yerington, Nevada for a Status Hearing for Troy Driver: Judge Schegelmilch, 2 Court Clerks, a Court Reporter, District Attorney Rye with a Deputy District Attorney, 2 Defense Attorneys, Defendant Troy Driver, 2 Lyon County Sheriff’s Officers, 2 Bailiffs, Media Pool Videographer/Photographer Mark Cronon of KTVN, 3 Community Chest Advocates, Pizen Switch Times Reporter, and Naomi Irion’s brother Casey…18 people.

 

The Status Hearing lasted for 2 hours with much scheduling discussion between Defense Attorney Richard P. Davies and Judge Schlegelmilch.  Previous consensus among the Court, Defense Attorneys and District Attorney scheduled trial for July 21, 2024.

Status Hearings prior to trial had been scheduled for Fridays but changed to Monday afternoons due to construction occurring in the Justice Center. Normally there are 2 District Courtrooms that operate full time. Through June of 2024 there will only be 1 courtroom available for 2 District Court Judges and a newly appointed Family Court Judge.

Richard P. Davies informed the Court that Defense was filing a “Motion to Dismiss for Lack of Jurisdiction”. The Court is scheduled to hear this motion on the alternate dates of July 27 & 28, 2023 or August 2 & 3, 2023 or firm date of November 1 & 2, 2023. (On June 29, 2022, the Law Office of Richard P. Davies filed a  “Motion to Dismiss” for Defendant Troy E. Driver with the Justice Court of Canal Township in and for the County of Lyon, State of Nevada. That motion was denied.)

Photo by KTVN Chief Photographer Mark Cronon.

Richard P. Davies informed the Court that Defense would be filing a “Motion to Stipulate a Closed Courtroom from Media and to Seal Courtroom Records”. Judge 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; that there exists a balance between the defendant’s rights and constitutionality.

It is unclear at this time  who would represent the Press to keep court proceedings in this case open to the Press to keep the Public informed.  There are many people in Lyon County and beyond who want to be apprised of the proceedings of State of Nevada v. Troy Edward Driver.

Judge Schlegelmilch asked the Defense and the District Attorney if they had any Issues of Discovery. District Attorney Rye requested a stipulation that details of search warrants remain sealed. Defense agreed.

The Court asked the Defense if there were any issues of disability to which the Defense replied that there were not.

Judge Schlegelmilch ordered that any expert witnesses be disclosed to Defense, District Attorney, and Court 4 months prior to trial date, by March 9, 2024. The Judge further reminded all parties (Defense, District Attorney, and Court) to be inclusive with all appropriate communications, hearing transcripts and filed documents.


Photo by KTVN Chief Photographer Mark Cronon.

Judge 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.

Troy Driver with defense attorneys and LCSO deputy; May 26,2023 Status Hearing. Still photo from video of KTVN Mark Cronon.