LISBON - The day in court will have to wait for Joseph Kalbfell, the Salem man accused of trying to lure children while riding in his van in the area of Reilly Elementary School in 2010.
With the same defense attorney as murder defendant Miranda Todd, as well as the same assistant prosecutor and same judge, Kalbfell learned during the noon hour Monday his jury trial in Columbiana County Common Pleas Court will have to be pushed back at least a week.
Kalbfell was scheduled for his jury trial to begin in Judge Scott Washam's courtroom on Monday, June 18. However, Assistant Prosecutor Tim McNicol and defense attorney Jennifer Gorby both expressed concerns the trial would be unable to begin due to continued testimony in the Todd case. Originally scheduled for two weeks, the attorneys and Washam agreed there was a good chance Todd's trial would go into the third week.
For now, Kalbfell was told his trial will be set for June 25, although it could be bumped back again if one of the attorneys had a conflict. Washam pointed out to Kalbfell that Todd's case takes precedence at this time. McNicol asked the record reflect the need for a delay was due to the court, not the prosecution.
"I understand your case has been set and continued several times," Washam told the defendant. "We simply can't accommodate both cases."
Kalbfell, 54, Olive Street, Salem, is charged with one count of importuning after he allegedly tried to solicit a sex act from a 12-year-old boy near Reilly Stadium. At the time of the crime, other children between the ages of 12 and 14 also contacted police about a man in the van making comments about their bodies.