Meanwhile, a judge in Tuolumne County will decide next week whether the murder trial of William Nesler will get underway or be delayed again.

Nesler´s attorney had asked for a delay in the case since he was working on another trial and needed time to prepare. The prosecutor in the case says he wants both Nesler and defendant Dean Dee Phillips to be tried at the same time. Nesler is accused in the death of 45-year-old David Edward Davis on July 25th, an hour after Nesler got out of jail.

The trial slated to begin for January 12th.