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Apparent Miscommunication Over Taking the Stand to Shorten Sheley Jailhouse Assault Trial
POSTED 9:49 a-m, 9/23/9 The Sterling man accused of assaulting several employees at the Knox County Jail last April apparently will not take the stand in his own defense.

WGIL's Will Stevenson reports that the jury that will decide the outcome of the case against 30-year old Nicholas Sheley was brought into the courtroom at the Knox County Courthouse just after 9:30 a-m Wednesday, and the defense was allowed the opportunity to begin its case.

Knox County Public Defender Jim Harrell had intended to call Sheley to the stand, however within earshot of the jury Sheley told Harrell, "You asked me if I made my decision about testifying and I said yes. I didn't say if I was going to testify."

That led to the jury being promptly taken out of the courtroom and Harrell telling Judge Stephen Mathers Mathers during a break that there was a misunderstanding between him and his client, and that Sheley does not want to testify.

The jury was brought back into the room, explained that, was told that it was Sheley's constitutional right not to testify and that it could not weigh in their minds in jury deliberations and they were brought back into their jury room.

The prosecution and Harrell's defense team are working over jury instructions that will be given following closing arguments, that were set to begin in a short time.

Sheley faces aggravated assault, aggravated battery and criminal damage to property charges for an alleged attack on several Knox County Jail employees last April 17th. The prosecution presented its whole case on Tuesday.
09 22 09 by Newsroom
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