Trial postponed until December in Brian MacKenzie case |

Trial postponed until December in Brian MacKenzie case

Megan Webber / For Craig Press

The trial of former Craig City Councilman Brian MacKenzie was postponed Tuesday, the day trial was originally scheduled to start. A new date has been set for Dec. 8.

In a status conference Tuesday, Public Defender Kelly Schulten requested a continuance of trial due to an expert witness who did not respond to her in time to submit discovery to the court, and was unable to testify on the day the trial was scheduled to begin due to health issues.

Brian MacKenzie
Jefferson County Jail / Courtesy Photo

Schulten did not say who the witness was, but said she was going to testify about role play, the application Whisper, a social media website where users communicate anonymously, how to maneuver such websites and what is considered normal behavior on the websites. She was also a difficult witness to find, Schulten said.

The trial had already been set back a day due to the status conference. MacKenzie waived his right to speedy trial, allowing his trial date to be postponed.

MacKenzie was arrested on Oct. 11 near Denver after an undercover sting, according to an arrest affidavit from the Jefferson County Sheriff’s Office. He was booked into the Jefferson County Jail on felony charges of internet luring of a child, internet sexual exploitation of a child and criminal attempt – sexual assault on a child. He plead not guilty on Feb. 3. He is free on bond.

MacKenzie’s next court appearance is scheduled for Nov. 13 at 1:00 p.m. for a motions hearing, and trial will begin at 8:00 a.m. on Dec. 8 at the Jefferson County Courthouse.

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