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New date set for Fassler hearing

Published: Thursday, Nov. 15, 2012 1:15 a.m. CDT • Updated: Thursday, Nov. 15, 2012 1:09 p.m. CDT

DIXON – A hearing for Tiffany Fassler, accused of killing her 7-year-old stepson, Wednesday was rescheduled for Dec. 12.

Lee County State’s Attorney Peter Buh asked for the change because Fassler’s attorney, Paul Whitcombe, has a jury trial in Whiteside County.

Fassler, 36, is charged with first-degree murder and four counts of child battery in the death of Colton Fassler.

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

In October, Whitcombe filed a motion asking that some counts be dismissed because they cover the same facts.

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. 

Prosecutors also have filed a motion for two substitutions for judges. Lee County Associate Judge Jacquelyn Ackert now presides.

Those motions will be heard in December.

 

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