Nevada County Picayune and Gurdon Times Newspaper Archive

Trial in Hicks case postponed again

The trial against a Rosston couple accused in a child abuse case has been put on hold again. This time, the mans attorney cited a medical condition and the trial has been put off until summer.

Edward R. Hicks, 39, of Rosston, was charged on May 21, 2003, with engaging in sexual intercourse or deviated sexual activity with a person who is less than 14 years of age.

Reita Hicks, 39, with a last listed address of 3174 Highway 299, Rosston, was charged with permitting the abuse. According to records on file at the Nevada County Circuit Clerks office, Reita Hicks recklessly failed to take action to prevent the abuse of a child who is less than 11 years old.

Following the initial charge, Edward Hicks was charged with intimidation of a witness, Reita.

The case against Edward Hicks began with Hicks being appointed an attorney from El Dorado. The trial against him was put on hold when he obtained new counsel - Thomas Johnson of Texarkana.

Johnson immediately filed motions requesting that Hicks initial statements to police be excluded because he wasnt read his rights. A second motion requested that evidence be excluded because police hadnt observed search and seizure laws. A series of motions followed requesting continuances.

A trial against Hicks began in 2004. According to judicial notes, Reita Hicks was called as a witness but refused to testify, citing the fact that what she said against Edward Hicks could be used against her.

The trial ended in a hung jury and the case was put on hold.

Johnson requested that the charges be dismissed but the presiding judge declined - a decision that was later upheld by an appellate court.

On Feb. 21, 2007, a letter from Johnson indicated that hed been informed that the prosecution had decided not to pursue the rape charges against Edward Hicks and that the change was a complete surprise.

Edward Hicks was slated for trial to begin Monday in Nevada County. Both appeared, despite the fact that a subpoena for Reita Hicks to the last known address had been returned as undeliverable.

Eighth Judicial Circuit Judge Duncan Culpepper granted Johnsons motion to continue the case. Culpepper said Tuesday that the defense attorney was in the hospital and that he felt this was a legitimate reason for the extension.