Thursday, September 26, 2024
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Henry, Silva appear in court

WALLACE — Wednesday was law day in Shoshone County, several cases were heard throughout the day by Judge Barbara Duggan, including those of Adam Henry and Logan Silva.

Henry, 27, was arrested on March 30 of this year and has been charged with 10 counts of lewd conduct with a child under 16, one count of sexual abuse of a child, and one count of rape.

The charges stemmed from several incidents in May 2021, when the victim — a juvenile relative of Henry’s — alleged several different encounters while staying at Henry’s home.

During Wednesday’s arraignment, Henry entered a not guilty plea to any of the charges he is facing.

However — according to the redacted police reports, during an interview with Shoshone County Sheriff’s Deputies, Henry admitted to engaging in oral and anal sex with the victim.

He was immediately taken into custody at the Shoshone County Sheriff’s Office, but was released on his own recognizance by Magistrate Judge Keisha Oxendine on May 17, and placed under house arrest.

The reason for his release is unknown.

During Wednesday’s arraignment, Judge Duggan reminded Henry of the rules of his house arrest.

“I need you to listen carefully to the conditions that were entered (for) your release,” Duggan said. “You shall be subject to 24-hour adult supervision and remain in your home, with the exception of transport, an appearance at court, medical treatment and appointments, or emergency treatments. The defending shall carry proof of appointments at all times, if outside the home, and shall remain in immediate adult supervision. The defendant will have no contact with minor children unless their parent is in the immediate vicinity of the defendant and the child. The defendant shall comply with the no-contact orders regarding the names of the victims and the probable cause affidavit. The defendant shall not observe, access, or review any pornography or nudity, by electronic or in person means, and any access to electronics shall require his mother to be immediately in his presence, watching the content at all times.”

With his not guilty plea, Henry faces a jury trial — although the date for that trial is unknown at this time.

Due to the severity of Henry’s charges, if convicted he faces life in prison for each of the lewd conduct charges, as well as the rape charge, while the abuse charge carries a maximum of 25 years in prison.

Silva, 22, was scheduled to appear in front of Judge Duggan for a status conference in preparation for his upcoming jury trial.

Silva was arrested Dec. 9, 2020, on the charges of rape.

Silva’s bond was originally set at $100,000 by Duggan, who was the Magistrate Judge at the time.

While the trial, which is scheduled for next week, appears to be on schedule, there may be a few issues both the prosecution and defense might encounter.

During the status conference, Shoshone Prosecuting Attorney, Ben Allen explained that there may be a slight hiccup that may not allow the trial to proceed as the first set case. Due to the COVID-19 pandemic, most cases over the past couple of years were done over the Zoom platform or another video conferencing service.

As restrictions begin to lift, and the courtroom is open again, many of those that work in the court system are completely booked up. Allen explained that the forensic lab tech has warned both defense and prosecution that they are triple-booked with three different trial subpoenas on that day.

Allen explained to Duggan and the courtroom, “I anticipate these types of conflicts will be coming in the floodgates for trials, so we will be working with Mr. Redal (Silva’s attorney), on how we might deal with those. The tech has told us that he has no less than three subpoenas, and this is the third one that he has received.”

Silva’s jury trial is set to proceed from June 14-16.

If found guilty, Silva could face up to life in prison.