CINCINNATI — The trial date for a man accused of intentionally hitting and killing a Hamilton County deputy last May has been delayed.
Hinton faces aggravated murder, murder and felonious assault charges after prosecutors said he deliberately crashed into and killed Larry Henderson while the deputy worked a traffic detail outside the University of Cincinnati's commencement just one day after Cincinnati police shot and killed his son, Ryan Hinton.
While Judge Jody M. Luebbers has been adamant about trying to keep the scheduled April 6 date for Hinton's trial, an evaluation to determine whether he is not guilty by reason of insanity has pushed things back.
In court Thursday, Hinton's attorney Clyde Bennett said he is expected to have a report from the evaluation by March 18. Prosecutors, though, said that getting the "most crucial part of the defense's case" just 21 days before trial "hampers" the state.
"The defendant is obviously entitled to a fair trial, but equally, the state is entitled to a fair trial," prosecutors said.
Prosecutors said whether Hinton's attorneys are arguing he is not guilty by reason of insanity changes how they prepare for jury selection and witness testimony.
"To have 21 days to review and analyze a report, prepare cross-examination, redo jury instructions, redo longforms and literally reevaluate how we present our case to put the state in the best position possible and to give Larry Henderson and his family the trial they equally deserve, just like the defense, really is at this point patently unfair to us," prosecutors said.
Bennett noted a typical death penalty case in Hamilton County, which Hinton's was before Luebbers announced in January she was taking it off the table due to "sufficient cause and sufficient reason," takes around two to three years. He said aggravated murder trials in the county also take about a year to prepare for.
"I feel like it's rushed," Bennett said.
Luebbers said Bennett had previously stated he wanted the trial to go "as quickly as possible," noting she set a backup date because she believed the defense would not be ready.
"I am trying to make sure this is due process, so don't tell me that I'm rushing this case. I am not," Luebbers said. "I am following the request of the defense, who's got a right to a speedy trial, to have this heard in a timely manner, balanced with the rights of the state and the victims to have this case heard in a timely manner."
The judge asked both Bennett and the state how long would be needed. Bennett said 60 days, with prosecutors noting they would like to wait until getting the evaluation on March 18 to know "where the defense is going with this case."
Luebbers agreed that March 18 would be the deadline for determining a trial date.
