LINCOLN - A trial date of Dec. 15 has been set for a former Lincoln police officer accused of having sex with an underage girl.
Nicholas Rutherford, 33, is facing charges of criminal sexual assault, a Class X felony, and could face up to 30 years in prison if convicted. The alleged incident occurred several years after Rutherford resigned as a police officer.
The trial will be heard by Judge Scott Drazewski, the third judge assigned to the case. Judge David Coogan was scheduled to hear the case, but retired Dec. 1. The case was reassigned to Judge Thomas Harris, but he recused himself due to familiarity with certain members of the alleged victim's family.
Still yet to be determined is the outcome of a potential change of venue motion. Last month, Rutherford's attorney, Douglas Muck, said various media reports tainted the jury pool and Rutherford could not receive a fair trial in Logan County.
That motion will be heard next Wednesday.
Rutherford was arrested in August after he was accused of having sex with a 12-year-old girl between Jan. 16, 2007, and Dec. 31, 2007. He resigned from the Lincoln Police Department in March 2004.
In addition to the new judge, the case now has a new prosecutor. Mike McIntosh was sworn in Monday to replace Tim Huyett.
Rutherford has been in the Logan County Jail since his arrest. His bond is $250,000.
Posted in News on Thursday, December 4, 2008 12:00 am Updated: 12:14 pm.
© Copyright 2009, Pantagraph.com, Bloomington, IL | Terms of Service and Privacy Policy