The trial scheduled to begin Monday in a 2006 case involving rape of a teenager has been continued until next month, as a result of a motion hearing Friday morning in Lyon County District Court.
Julia Spainhour, attorney for Raul Magallanez Jr., filed motions Thursday afternoon to either dismiss or continue his trial because the prosecution had not provided all of the evidence ordered in earlier motions for discovery.
Chief Judge Merlin Wheeler, who presided over the hearing in the absence of District Judge Lee Fowler, denied the dismissal motion but granted the request for a continuance. The case considered Friday will be moved to Aug. 13, and will replace another trial that was scheduled for Magallanez on charges of sex, alcohol and drug crimes against children. The defendant has a third case, also scheduled for trial in August. Those two cases will be re-scheduled when Fowler returns.