A Clear Lake man's hearing on a request for a new trial on a child sexual abuse charge was postponed Friday after his attorney said he needed time to look new information he claims casts doubt on whether his client received a fair trial.
In July a Cerro Gordo County jury found Amando Montealvo Martinez, 61, guilty on one felony count of second-degree sexual abuse involving a child under age 12, which is punishable by up to 25 years in prison.
Montealvo Martinez's attorney, Benjamin Bergmann, of Des Moines, filed a motion for a new trial, claiming the testimony given by the woman who said his client sexually abused her when she was 9 was inconsistent.
A hearing date was set for Friday. The matter was to proceed immediately to sentencing if the judge decided not to grant a new trial.
During the time set aside on Friday for the hearing, Bergmann and the prosecutor, Assistant Cerro Gordo County Attorney Andrew Olson, met privately with Judge Christopher Foy.
When they came back into open court, Bergmann asked for a continuance based on information he had received earlier in the day.
Foy cautioned both parties not to reveal specific details in court on the information at this point.
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Olson called the information Bergmann said he received "speculative."
Foy granted the request for postponement, saying he wanted to avoid having the case challenged in appeals court if it proceeds to sentencing.
A new hearing date has not been scheduled.
Montealvo Martinez previously lived in Mexico but has been a resident of the United States for almost 40 years.
He is in the country legally but is not a U.S. citizen, according to court documents.
If he doesn't get a new trial and the case proceeds to sentencing, he is to be deported.
Montealvo Martinez remains in the Cerro Gordo County Jail pending his hearing.