A request to dismiss an 18-year-old case involving a man accused of murdering and sexually assaulting an elderly Kalkaska woman was denied Tuesday Morning.
Jason Ryan is the second man accused in the case involving 69-year-old Geraldine Montgomery. Montgomery was found dead in the trunk of her car at her home in October of 1996.
Ryan's attorney, Jodi Hemingway, argued that Ryan would not have a fair trial because of the amount of time that had passed and that the prosecution was using the delay as a "tactical advantage" to charge Ryan.
"I've handled homicide cases in the past but never 18-years after the alleged crime because that's just a pretty extraordinary circumstance," said Hemingway. "The biggest obstacle we have to overcome now is locating the people who we need to prove that my client is innocent."
According to court statements, Ryan claims that he and another person had consensual sexual relations with Montgomery and that the person along with other friends who could support this claim cannot be found because of the amount of time that has gone by.
The judge said in court Tuesday his records do not show that there was ever any attempt made to locate these people.
The judge set trial time for 150 days out.
Jamie Peterson, who was convicted of the murder in 1998, admitted to the crime. But police say evidence at the time of Peterson's trial indicated that there were multiple subjects involved, which lead them to Jason Ryan.