Jury selection will take place Friday for the trial of a convicted child predator who is facing possible life in prison if convicted of new sexual assault charges.
Marlek E. Holmes will be tried on several charges, including two Class A felonies, predatory sexual assault and predatory sexual assault against a child.
The 42-year-old Holmes was arrested in the fall and has been held without bail because of the potential life term and his five prior felony convictions, including two violent felonies, and five prior violations of terms of probation.
While in custody, he also allegedly damaged jail property and was charged with criminal mischief.
The Level 3 sex offender, who has also been accused of failure to register a change of address, was in court today for a pre-trial hearing where Judge Charles Zambito discussed with the attorneys a motion by defense attorney Fred Rarick to gain access to documents from another court proceeding. The documents are sealed by court order.
Zambito said he isn't convinced that Rarick has a legal right to the documents, especially to use them in the manner he intends to use them.
Rarick said he doesn't intend to introduce any of the actual documents as evidence, but would use the information gleaned from them during cross-examination of a witness.
Rarick also moved to have two charges dismissed since they are included and concurrent with other charges. Zambito said he motion was premature and he would reserve judgment until the appropriate time during the proceedings.
The trial is expected to begin Monday with witnesses being called through Wednesday.
