Attorneys have agreed on an October trial date for a man accused of setting a fire that killed his wife and son, even though it’s beyond a deadline set by the Indiana Court of Appeals.
The Court of Appeals gave the state 128 days to bring Rex Delph to trial in a ruling Oct. 26.
Delph’s trial is now scheduled for Oct. 7 in Madison Circuit Court.
The appeals court overturned a ruling by Madison Circuit Judge Fredrick Spencer that dismissed murder and arson charges against Delph on the grounds that the state had failed to bring him to trial within one year as required by state law.
Reviewing the various delays and motions in the case, the Court of Appeals found the state had been responsible for just 237 days of delay, leaving 128 days in which to bring him to trial. The court found that Delph or his attorneys had been responsible for some of the delays.
Defense attorneys and prosecutors agreed on the new trial date. Deputy Prosecutor Pat Ragains said Delph’s attorneys needed more time to prepare for trial.
“We have the trial date and we’re going to work toward that trial date to see that justice prevails,” said defense attorney Zaki Ali of Anderson.
Delph, 44, faces two counts of murder, one count of arson and two counts of felony murder. He was charged in the May 17, 2004, fire that killed his wife, Robynn, 41, and son, Joshua, 9. Authorities alleged that Delph started the fire in an attempt to collect $345,000 in insurance money.
Delph, who was released from Madison County Jail on his own recognizance in January 2006, could not be reached for comment because there was no number under his name in published phone listings.
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