While documents filed in the federal court system do not specifically elaborate on what the new evidence might be, an order signed by Senior Judge Malcolm J. Howard today does confirm the trial in the matter is continued to a date to be determined later.
A hearing on all pending motions in the case will be heard Tuesday at 9:30 a.m. in Greenville and the court will consider any response filed by Friday, the order says.
Sources familiar with the case contacted today either didn’t know what the new evidence is or declined comment.
Howard notes in another document agreeing to continue the trial, which had originally been scheduled to begin Monday in Greenville, “The government has not filed a response to this or other recent pending motions filed by the defendant.
“Due to the exigency of defendant's motion to continue and the serious allegations contained in other simultaneously filed motions, this matter is ripe for adjudication.”
Howard wrote after reviewing the motion and other recent filings, “the court is troubled by new information provided to defendant so near the eve of trial. The substance of defendant's pending motions, although viewed without an accompanying response from the government at this time, provide compelling justification to continue the trial of this matter currently scheduled to begin Monday, October 24, 2016.”
In a motion filed today by Tillmon’s attorney, his lawyer states, “Defendant Antonio Tillmon, by and through counsel, (is) respectfully requesting the court expedite review of the proposed sealed pleadings filed this day. As reasons therefore, counsel represents that such pleadings
contain time sensitive matters and are based in part on newly-discovered evidence in this
case.”
Tillmon is the only defendant to plead not guilty in the case.
The remaining 14 are currently awaiting sentencing. Originally scheduled on November 8, Howard filed a text order Wednesday saying, “Due to the heavy trial schedule of the undersigned, the court hereby continues these matters until Tuesday, November 29, 2016 at 9:00 am at the U.S. Courthouse in Greenville, NC.”