GOSHEN — The trial for a man accused of killing a Goshen College professor in 2011 has been pushed back to January.
Winston Corbett, 24, is charged with murder and attempted murder in the Oct. 9, 2011, attack on James and Linda Miller. Corbett was arrested in November after results from the Indiana State Police laboratory implicated him in the home invasion.
His Aug. 26 jury trial was reset to Jan. 6 during a hearing in Elkhart County Circuit Court Thursday.
Judge Michael Christofeno set the new date after agreeing to postpone an evidence suppression hearing from Aug. 21 to Oct. 14, at the request of Elkhart County Prosecutor Vicki Becker.
Corbett’s attorney, Peter Britton, filed the motion to suppress on the argument that the warrant used to take a DNA sample from Corbett was issued in violation of his rights, because it was based on wrongfully obtained evidence.
Britton said authorities failed to establish the credibility of an “investigative lead” that came in October and was used to connected Corbett to the murder. Acting on the lead, a police detective went to a Goshen address to see if Corbett was living there, and police collected trash from the residence the following day.
Britton claimed that the actions represented an illegal search, and that the affidavit in support of Corbett’s arrest failed to articulate a suspicion that the residents engaged in unlawful conduct which might lead to evidence in their trash.
Christofeno asked Britton and Becker to file written arguments ahead of the suppression hearing and to supplement them later if they have anything additional to say.
Also Thursday, Christofeno appointed a public defender for an Elkhart woman accused of killing her husband.
Knesha Carruthers, 33, is charged with murder after she allegedly stabbed 33-year-old Jimmie Gillam once in the chest at their home on July 27. Gillam later died at the hospital.
Carruthers is currently awaiting a Nov. 4 jury trial. She told Christofeno that she’s trying to arrange hiring a private attorney and asked Thursday for a little more time.
Christofeno reminded her that Indiana law only gives 20 days after an initial court hearing to file certain defenses, and she was first read her charges on Aug. 1. Those defenses include claiming a lack of jurisdiction or incorrect venue for a trial.
He also said she should have an attorney hired before a pre-trial conference scheduled for Aug. 29. She agreed to have a public defender appointed for now, until she could hire her own attorney.