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Fassler hearing rescheduled

Published: Friday, Oct. 26, 2012 1:15 a.m. CDT • Updated: Friday, Oct. 26, 2012 1:39 p.m. CDT
Caption
(Alex T. Paschal/apaschal@saukvalley.com)
Tiffany Fassler, 36, of Dixon, speaks with her attorney Paul Whitcombe Thursday afternoon at a brief appearance on first-degree murder and child battery charges in the death of her stepson, Colton Fassler. At the request of the prosecution, the hearing was rescheduled for Nov. 14.
Caption
(Alex T. Paschal/apaschal@saukvalley.com)
Tiffany Fassler, 36, of Dixon, speaks with her attorney Paul Whitcombe Thursday afternoon at a brief appearance on first-degree murder and child battery charges in the death of her stepson, Colton Fassler. At the request of the prosecution, the hearing was rescheduled for Nov. 14.

DIXON – Thursday’s hearing for Tiffany D. Fassler, accused of causing the death of her 7-year-old stepson, was moved to Nov. 14.

Prosecutor Peter Buh requested the 3-week delay to respond to issues brought forward by Fassler’s attorney, Paul Whitcombe.

At a hearing earlier this month, Whitcombe said the information in some of the counts against his client are charging with the same facts. Prosecutors, he said, only “get one bite at the apple.”

Defendants often are charged with multiple counts of the same crime, the legal elements of which vary enough to give the judge or jury options when considering a verdict.

Fassler, 36, of Dixon, is charged with first-degree murder and four counts of child battery.

The prosecution also has sought two substitutions of judges. Judge Jacqueline Ackert said earlier this month that she didn’t believe that was possible under the law.

Prosecutors say Fassler kicked Colton Fassler in the chest on Dec. 30, 2010, causing him to hit his head on a metal vanity and resulting in serious brain damage. The boy died nearly a year later.

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