Assistant U.S. Attorney Clyde Lemons Jr., the prosecutor, updated the court with the status of their expert witness during a status hearing on Monday.
Gatewood ruled that the ends of justice would be served by moving Diaz’s jury trial.
Gatewood, who presided over the hearing via video teleconference, remanded Diaz to the custody of the U.S. Marshals Service.
Early this month, U.S. Attorney’s Office asked the U.S. District Court for the NMI to reschedule the Dec. 27, 2011 jury trial of Diaz after the prosecution’s expert witness was diagnosed with Bell’s Palsy.
Lemons said their expert witness’s paralysis was reversible based on his treating physician, adding there was some improvement already noted, and his condition should be greatly improved and possibly reversed in four to six weeks.
Diaz has been indicted by a grand jury on three counts of enticement of a minor, and one count of travel with intent to engage in illicit sexual conduct which the defendant denied.
