County Court should have been filled with prospective jurors this morning, ready to be considered for a seat in the jury box in the trial of the People vs. Marlek Holmes on a charge that he failed to register a change of change of address in 2016.
Instead, the courtroom was empty while County Court Judge Charles Zambito, District Attorney Lawrence Friedman, and Fred Rarick, representing Holmes, met in chambers.
When they came out, all Friedman said he could say was that the jury selection would not start today because Holmes was not transported from Wende Auburn Correctional Facility where he is currently being held. Friedman said he could not discuss why Holmes was not transported.
The court will try to start the trial tomorrow, and if it doesn't, officials will try again on Wednesday.
Friedman said that if the trial doesn't start by Wednesday, it's too late for this week.
There is also a hearing scheduled for tomorrow on whether Holmes qualifies as a persistent violent felony offender for the purpose of sentencing on his jury trial conviction on two counts of assault in the second degree and criminal mischief. Holmes assaulted a fellow inmate at the Genesee County Jail.
For that hearing to proceed, Holmes will need to be present.
Holmes, 43, is already serving a 15-year prison term on an attempted criminal sexual act in the first-degree conviction.
He was already a registered Level 3 sex offender.
Last week, Holmes was in court and reportedly used profanity during the proceedings.
In his appearance before that, Holmes sought a delay in his trial, because, he said, being in transit between prisons meant he didn't have access to all of his paperwork and to a law library. Zambito denied the request.
CORRECTION: Holmes is currently being held at Auburn. He was scheduled to be transferred to Wende during the trial.
