Whatever kept Marlek Holmes at the Auburn Correctional Facility on Monday, also kept him there on Tuesday and again today, so there will be no trial of Holmes this week on charges that he failed to register a change of address as a sex offender in 2016.
District Attorney Lawrence Friedman said he won't comment on whatever it is that is keeping Holmes on Auburn until after the issue of his pending jury trial is resolved one way or the other.
For the first three days of the week, the status of the trial was day-to-day, but once it was determined Holmes wouldn't be in Batavia today, the jury pool for this week was released from duty.
Holmes is serving a 15-year prison term on an attempted criminal sexual act in the first-degree conviction.
He has yet to be sentenced on a jury trial conviction on charges of two counts of assault in the second degree and criminal mischief.
As a prelude to his sentencing on that conviction, there needs to be a hearing on whether Holmes qualifies as a persistent felony offender. If Judge Charles Zambito rules he meets the criteria, it could mean a longer prison term on the assault convictions.
"Whenever we get him here, we will proceed with the persistent felony offender hearing and then determine what we are going to do regarding the case that was supposed to be tried this week," Friedman said. "We have no idea whether we will have him here this week, next week, or sometime later."
