Nic Stanley's defense attorney gives exclusive interview days before murder trial 

NOW: Nic Stanley’s defense attorney gives exclusive interview days before murder trial 

SOUTH BEND, Ind.-- The trial of Nicholas Stanley is set to begin this Monday, Sept. 21.

ABC57's Annie Kate spoke to the man charged with the murder of a registered sex offender, Allen Cogswell, last summer. Stanley admitted to committing the crime but justified it by explaining Cogswell had molested one of his young relatives.

Friday, Annie Kate sat down with Stanley's defense attorney, Vincent Campiti, in an exclusive interview to ask what can be expected come Monday. 

Campiti, retained just 32 days ahead of this trial, said there's still some uncertainty exactly what Stanley's defense will look like.

"Whether we're able to get that full story in front of a jury is a question that we will not know until next week," Campiti said. 

Stanley's trial will begin first with jury selection, then opening statements. Next, the prosecution will present its case against Stanley. The State has the burden of proof.

Campiti essentially said much of Stanley's defense will depend on what comes out in the prosecution's evidence.

Their biggest roadblock is the judge's order prohibiting Cogswell's prior conviction. 

Something would have to open the door for that evidence to be brought into trial.

Campiti clarified he is not representing Stanley pro bono, but says he is only charging him a "nominal" fee.

In another obstacle for the defense, a doctor they hoped to bring on as an expert witness was reserved by the court long ago, Campiti said, and their petition to bring him on anyway was denied in a Tuesday sealed court hearing.

Also, Campiti said mental defect defense can't be brought forth either since previous legwork wasn't done in this case.

"We are currently hampered by the ruling that says we cannot mention frankly the connection between Mr. Cogswell and the Stanley family," Campiti said. "We won't be able to determine whether sudden heat and voluntary manslaughter can be argued to the jury until after the court makes that decision during the trial." 

Trial starts at 8:30 Monday morning in the Elkhart County Circuit Court, and ABC57 will be there to cover it all.

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