Continuously serving Kosciusko County since 1854
Last week's filing for an Indiana Supreme Court appeal in the Christoval Dimas case will not be heard in the higher court.
Dimas, 26, of Ligonier, was denied a request for release from custody pending trial on charges of murder and abuse of a corpse in connection with the death of Crystal Gayle Homister of Elkhart.
Homister's remains were discovered in a wooded area near Lake Wawasee in April 2000. Dimas was later indicted by a grand jury in her murder.
Dimas was seeking release from imprisonment under Criminal Rule 4, which states that a defendant is entitled to release on his own recognizance if he does not go to trial within six months of his arrest.
Kosciusko Circuit Court Judge Rex Reed earlier denied Dimas' request, saying he felt the Supreme Court decisions granting similar requests were unconstitutional.
The Supreme Court issued a written decision July 19 indicating Dimas' appeal will not be heard.
Acting Chief Justice Brent Dickson said Dimas' request for release was an inappropriate remedy to his situation and pointed out that no objection was made to the Sept. 4 trial setting when it was made in February.
