Source: CVDaily Feed
LOGAN — A judge has refused to transfer Andrew Lesky to a different jail or assign a new prosecuting attorney in his nine pending cases, saying he had failed to show his constitutional rights were being violated.
The ruling came Friday afternoon in 1st District Court following three days of testimony from the defendant, his prior attorney, the victim, jail staff and other witnesses.
Lesky had filed three writs of habeas corpus, arguing that he was being treated unfairly by deputies and should be transferred. He also requested the county attorney’s office be removed as prosecutors in the cases, claiming they had illegally intercepted private letters between the defendant and his then attorney, Shannon Demler.
Judge Brian Cannell said the court specifically found no conflict of interest and no evidence that the jail staff or prosecutors opened sealed legal mail.
Lesky had also claimed he was treated inhumanly in jail, kept in lockdown for 87 days and malnourished to the point he had lost weight.
During Friday’s hearing, a nurse from the jail testified that she would check on Lesky’s condition daily and that his weight loss may have been a result from when he had refused to eat while on a hunger strike.
Judge Cannell said nurses acted appropriately to care for Lesky and the defense failed to introduce a standard to determine whether the 87 days in lockdown was inappropriate.
Lesky was arrested in October 2014 after reportedly trying to shoot his ex-girlfriend outside her apartment. It is also alleged he threatened her and another man with a handgun and a knife. He faces a total of 10 felonies and 17 misdemeanors. A two-week trial has been scheduled to begin July 11.