Judge denies trial delay in rapes case

RENO (AP) - A judge refused Wednesday to postpone the trial of a man accused of raping and killing a 19-year-old California college student and raping two young Reno women.

Washoe District Judge Robert Perry ruled James Biela's trial will begin on Feb. 22, as scheduled.

Biela is charged with kidnapping and strangling 19-year-old Brianna Denison, who disappeared from the couch of a friend's Reno home in January 2008. Denison's body was found Feb. 15. An autopsy showed that the Santa Barbara City College sophomore had been raped and strangled.

Biela has pleaded not guilty. He could face the death penalty if convicted.

Washoe County Chief Deputy Public Defender Maizie Pusich had asked for a three-month delay because she said she's struggling to read 35,000 pages of evidence.

"I'm disappointed in the court's decision," she said, adding that she was also surprised. While prosecutors had opposed the delay, they had not offered "vehement opposition," she said.

A delay is still possible if the defense isn't ready when the trial date arrives, District Attorney Richard Gammick said.

"Everyone here knows if they are not prepared when it is time, then we are going to have issues down the road," Gammick said in reference to potential appeals.

A Reno newspaper also reported Wednesday that defense lawyers allege DNA evidence that could have been used in Biela's defense was destroyed at the Washoe County crime lab.

They want to prohibit any DNA evidence from samples that are no longer available from being used during trial.