By Ralph C. Jensen
The felony trial for the alleged sexual misconduct of Joseph Peter Garbarini III has been rescheduled for March 21, 2011, in the 429th District Court. Garbarini is charged with a first degree felony, sexual abuse of a child under the age of 14; and a second degree felony, indecency with a child with sexual contact. This is the second time the trial has been reset.
Garbarini is a former kindergarten teacher at Hunt Elementary School, in Murphy, when the alleged crimes took place. The case was filed for indictment on Aug. 12, 2010.
The jury trial was to take place Nov. 29, 2010 but was postponed the first time to Feb. 28, 2011 because the court was in trial on another case. Several cases are often set for trial by the court on the same day, though only one can be heard. This is quite common, especially with the number of cases to be heard, or that are pending. There is no particular reason any trial is postponed and is at the discretion of the court.
Other factors that weigh into the decision of which trial will take place include how long a defendant has been in custody, the possible length of the trial and availability of witnesses.
