A June 12 trial date is set for an Athens man accused of kidnapping and raping his girlfriend in 2012, court records show.

But whether the case will be tried in Limestone County Circuit Court that week is unclear.

In November, the attorney for 37-year-old Hugo Sanchez — civil rights attorney Eric Hutchins of Alexander City — asked the court to uphold his client’s Sixth Amendment right to a speedy trial. He said his client has been in jail since July 2013 and that a key witness who was allegedly present when the alleged crimes occurred had died in the 4 ½ years since Sanchez was initially charged in July 2012.

He must remain jailed until his trial because he is being held for Immigration and Customs Enforcement. 

Hutchins later waived his motion for speedy trial and the case was scheduled for June 12. Hutchins told The News Courier Thursday he withdrew that motion in part because he did not know if his witnesses could arrive in time should the trial be held at that time.

Limestone County District Attorney Brian Jones, who represents the state, did not return a call Thursday for comment on the case.

Speedy trial issue?

In his motion for a speedy trial, Hutchins made the following claims:

• Sanchez has been in the Limestone County Jail since July 2013;

• The case was previously set for jury trial the week of June 13, 2016;

• Hutchins appeared in court in June prepared for trial. However, the state moved to continue the case until September because the lead investigator was on vacation and the alleged victim was in Arizona;

• Hutchins vigorously objected to the state’s delay and asserted Sanchez’s right to a speedy trial;

• On Sept. 12, 2016, Hutchins appeared in court ready for trial. Again, the state moved to continue the case until Nov. 28, 2016. The state argued the person who interpreted the investigator’s interrogation of Sanchez had a family emergency and went to Mexico;

• Sanchez has faced the ill-effect of having his witnesses coming to Athens by way of a two-day bus trip from Texas in order to testify on his behalf. However, this matter was continued due to the state’s interpreter being unavailable for trial due to a family emergency in Mexico;

• Sanchez has been adversely affected by his incarceration and undue delay to a speedy trial. Not only has Sanchez’s freedom been put in peril, but he runs a great risk of having witnesses who will be unavailable to testify on his behalf;

• During the course of the delay for trial, one of Sanchez’s witnesses died.

• Sanchez is entitled to a speedy trail pursuant to the Sixth Amendment of the United States Constitution and Article 1, Section 6, of the Alabama Constitution;

• Sanchez asserted his right to a speedy trial when Hutchins objected on the record to the state’s request to continue this case in June because the alleged victim was in Arizona and because the lead investigator would be on vacation the week the trial would be heard;

• Sanchez has suffered actual prejudice by the state’s unwarranted delays. Furthermore, Sanchez cannot continue to operate under the hope that other pivotal witnesses who live out of state and who are not subject to compulsory process will come to testify if they case continues to delay; and

• Sanchez is presumed innocent. Despite the presumption of innocence, he in many ways has been punished as he sits each day in Limestone County Jail awaiting an opportunity for a speedy trial.

The case

Limestone County Sheriff Mike Blakely said at the time of Sanchez’s initial arrest in 2012 his girlfriend called the Sheriff’s Office on July 7 to see if a deputy could stand by as she removed belongings from the house where she lived with Sanchez, who was in the country illegally.

The woman, who showed Deputy Tom Gilbert a bruise, spoke limited English, so an interpreter was called to assist in her interview.

Through the interpreter, the woman told Investigator Leslie Ramsey that after she confronted Sanchez about coming home drunk the night before, he shoved her outside, removed her underwear, sprayed her with a garden hose, duct-taped her wrists and sealed her inside the bathroom.

Through the interpreter, she said Sanchez raped her when she awoke the next morning, then resealed the bathroom door. Sanchez brought her coffee at one point and later released her, she said.

Sanchez was indicted on two counts of first-degree rape and one count of first-degree kidnapping, all Class A felonies. The penalty upon conviction of a Class A felony is no fewer than 10 years and no more than life or 99 years in state prison.