Man accused of rape has new trial date

By BRAD DICKERSON
Glasgow Daily Times

GLASGOW July 03, 2007 01:57 pm

— The trial for a Glasgow man charged with rape has been pushed back — by one day.
Nicholas L. Depp, 43, will face a jury on July 20 instead of July 19.
The defendant, who is representing himself, is charged with first-degree rape, first-degree sodomy and unlawful imprisonment.
The indictment alleges that on July 25, 2005, he had sex with a then-17-year-old through “forcible compulsion” and that he restrained her.
Depp has a second case pending where he is charged with first-degree attempted rape and unlawful imprisonment. A second victim was involved in that case, which allegedly took place on July 23 or 24, 2005, according to the indictment.
Assistant Commonwealth Attorney Traci Peppers filed the motion requesting a trial delay because Glasgow Police Department Sgt. Jimmy Pedigo would not be available to testify on July 19.
Judge Phil Patton asked Peppers if Pedigo was a “critical witness in this case.”
“Yes, your honor,” she responded. “He took some statements from Mr. Depp.”
Patton then asked Depp what his position was on the motion.
“Sir, I would like to absolutely object to any continuance of the trial,” Depp said.
The defendant then immediately began discussing a copy of a motion filed by the commonwealth that had been discussed in his June 18 court appearance regarding his questioning of the alleged victim.
Depp alleged that a faxed copy of the motion, which requested he not be allowed to question the victim personally, was sent to someone in eastern Kentucky before he obtained a copy.
“I don’t know how many people have seen that in eastern Kentucky, but come to find out it was a direct violation of my 14th amendment,” he said.
Peppers said a copy of the motion was hand delivered to Depp on the day of court, as well as faxed.
“The reason we faxed it is to make sure he actually got it before he was in court so he couldn’t make the argument he didn’t know about it,” Peppers told the judge.
At the June 18 court appearance, Patton ruled in favor of the defendant by denying the commonwealth’s motion.
“You won,” Patton told Depp on Monday. “Let’s don’t revisit it when you’re ahead of the game.”
Regarding a new trial date, Sept. 13 was originally sought, but Pedigo would not be available on that day because of his sergeant training.
Attorneys were advised, however, that Pedigo would be available on July 20.
Depp seemed satisfied with the secondary trial date.
“It’d just tickle me to death,” he said.