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Monday, May 2, 2016

Millard pleads not guilty

Thursday, October 25, 2012

A 21-year-old Spencer man, charged with first degree murder in connection with the beating death of 59-year-old Edward Kitto, has pleaded not guilty and waived his right to a speedy trial.

Cody Millard entered a written arraignment on Friday, in advance of an arraignment hearing scheduled for Monday.

He is scheduled for a pre-trial hearing at 9:30 a.m. on Feb. 11, 2013, with a jury trial set to follow 15 days later.

Millard and co-defendent Chris Fitzpatrick are alleged to have robbed and beaten Kitto on Aug. 28. Kitto, of Ruthven, was found unresponsive in the 500 block of East Third Street and never regained consciousness. He passed away Sept. 8 in a Sioux Falls hospital.

Fitzpatrick pleaded not guilty on Sept. 21 and waived his right to a speedy trial. He is due in District 3A Court for a pre-trial hearing on Nov. 6 and a jury trial on Dec. 11.

Because Fitzpatrick is facing a class A felony, he is being represented by Chief Public Defender Gregory Jones, of the Sioux City Adult Office.

Millard was also set to be represented by a member of the Sioux City adult Office, but such representation was deemed a conflict of interest. Jack Bjornstad, who was initially retained by Millard, was approved as his counsel on Oct. 10.

On Oct. 15, District 3A Judge David Lester was designated to oversee the case in court.

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