CRYSTAL FALLS—A change in defense attorneys for murder suspect David Levack has caused a delay in his trial, which had been set for March 19-30.
At a pre-trial conference in Iron County Trial Court on Monday, Jan. 16, Iron Mountain attorney Dan Jaspen took over as defense attorney for Levak. Jaspen will replace Iron County attorney Don Powell in representing Levack, though no reason for the change was given.
Levack faces felony charges of open murder, felony murder, first degree home invasion and witness intimidation following the homicide investigation of an 81-year-old Stambaugh Township resident who was scheduled to testify against him in a stolen property trial.
Levack was legally eligible for a trial within 180 days. Originally arrested on Oct. 18, 2011, the court had until April 18 to hold the trial.
With the change in attorneys, Iron County Trial Court Judge C. Joseph Schwedler asked Levack if he wished to waive his right to a speedy trial, allowing Jaspen more time to prepare his case since he was only recently appointed.
Levack at first claimed that too many of his rights had already been violated and that he would not waive. After Jaspen’s concerns about the short amount of time he would have to analyze the information, Levack decided he would waive the 180-day rule.
A jury trial was scheduled for April 23 through May 4, with jury selection to begin on April 23. A supplemental pre-trial conference will be held on March 8 at 9 a.m., at which time any motions will also be heard.
Levack remains incarcerated in Iron County jail on an amended $2 million cash bond. A request from Jaspen to move Levack to Dickinson County jail will be discussed between Iron County Sheriff Mark Valesano and the Dickinson County sheriff.
The transfer would make it easier for Jaspen to meet with his client, and Iron County would not have to pay for his travel time back and forth, according to Jaspen.