CLINTON — A trial date is set for a Delmar man who is facing a felony burglary charge for an alleged 2017 burglary at the Wild Rose Casino and Resort.
Mitchel R. Godes, 36, appeared Thursday in Clinton County District Court for a hearing on a motion to continue trial. District Court Judge Patrick McElyea granted the motion to continue the trial. A final pre-trial conference is set for 10 a.m. Nov. 29. A trial is set for 9 a.m. Dec. 10.
The motion, filed by defense attorney Robert McGee, cites issues with maintaining the previous trial date of Sept. 10. The motion states there was considerable delay in producing laboratory reports, resulting in the defense delaying depositions until recently.
"Additional time is necessary to examine the deposition in conjunction with the laboratory report, including the prospect of having an expert review the same for pertinent defense issues," McGee states in the motion.
The motion states Godes was fully apprised of his right to have the case tried within the one-year time frame and elected to waive the right in consideration of the circumstances.
Godes is charged with first-degree burglary, a Class B felony.
According to a court affidavit, on July 17, 2017, a female reported she was sexually assaulted while staying at the Wild Rose Casino's hotel. She was staying at the hotel with her friends. Hotel records indicate one of her friends reserved a room and she and her other friend were guests in his room. They were all at the hotel to attend a wedding reception being held at the casino. The Wild Rose Casino is equipped with a video surveillance system.
The affidavit states the video showed after the wedding reception ended that the female and her boyfriend went to their room. Their friend returned to the room at 1:58 a.m. Godes talked with their friend at 2:03 a.m. outside the room. Godes and their friend entered the room. The female's friends and Godes left the room and went to another room on the first floor of the hotel. The female stayed in the room to sleep.
The affidavit states that at 3:38 a.m. Godes returned to the room by himself. The female was sleeping in the bed at this time. The female woke up to Godes committing a sex act on her, court records allege. The female ran to the bathroom crying. The female never gave Godes permission to touch her in any way, records state.
The female came out of the bathroom to get her clothes and cell phone. Godes was sitting in a chair in the room and asked her, "what's wrong?" Godes left the room. The female called her boyfriend and told him to return to the room. Godes was in the room with the female for 19 minutes, based on surveillance video from the casino.