The drug trial for Jason A. Abernathy, 34, has been scheduled for April 14.

Abernathy’s attorneys Mark Wycoff and Monroe McWard requested the trial date. Both attorneys are scheduled to take part in a Menard County trial starting April 14, but they said they hope to have this date vacated.

The attorneys said they will let Circuit Clerk Judge Gary Jacob know March 31 if the April 14 date is possible.

Abernathy is charged with possession of a methamphetamine. Abernathy is accused of having methamphetamine May 1, 2007, at the grain elevator where he was employed.

The trail for the methamphetamine possession charge was scheduled to start March 3 but was postponed to allow defense attorneys to investigate newly disclosed prosecution evidence – which includes a man who prosecutors say will testify that Abernathy admitted to having methamphetamines in May 2007.

Abernathy is also accused of beating Charleston resident Gina L. Giberson on Oct. 16, 2007, at her home at 211 Fourth St. Giberson suffered severe injuries to her head and face and spent two weeks in a coma. Abernathy was charged with aggravated domestic battery.

Abernathy’s attorneys are in the process of hiring an expert witness to be present when blood from a baseball bat is tested at the Illinois State Police Lab in Springfield. Only a small amount of blood was present on the bat.

Abernathy was originally arrested May 2, 2007, on the drug charges.

His bond was revoked in November 2007 by Jacobs based on evidence that he attacked Giberson while he was out of jail on bond.

He is currently jailed without bond.

Because of Abernathy’s prior criminal record, if convicted of aggravated domestic battery, he will face a prison sentence of six to 30 years. The charge of possession of a methamphetamine carries a two- to 10-year prison term.

Hearing set for Kooistra

A Chicago man charged with domestic battery appeared in Coles County Court on Wednesday.

Scott Kooistra, 21, of Chicago, was arrested March 1 on charges of domestic battery, stemming from an incident in Stevenson Hall, said University Police Chief Adam Due.

Another hearing was scheduled for 9 a.m. April 16.

A person can be charged with domestic battery if they intentionally or knowingly, without legal justification by any means, cause bodily harm to any family or household member, according to Illinois statutes. Domestic battery is a Class A misdemeanor and is punishable by serving time in a county jail for less than a year. A fine of $2,500, or an amount specified in the offense, whichever is greater, can be levied.

Kooistra attends St. Xavier University in Chicago. He is a junior and a defensive end on the school’s football team. Kooistra, at 6 feet 3 inches and 240 pounds, had seven-and-a-half sacks this past season for Saint Xavier, which advanced to the quarterfinals of the NAIA playoffs.

Hearing for former linebacker scheduled for May

Fred L. Miller, 26, filed a waiver of extradition March 10, allowing him to leave the state of Illinois while on bond.

Miller, a former Eastern student and 2001 All-American football player, previously pleaded not guilty after being arrested and charged with residential burglary.

Miller’s Jan. 16 arrest was in connection with about $7,000-worth of stolen electronics and a stolen credit card.

A status hearing was set for 9 a.m. May 5.

Miller was a linebacker for the Panthers from 2000 to 2004. He made the 2001 All-American Second Team and finished his Eastern career with 344 tackles.

Miller signed a free-agent contract with the St. Louis Rams in April 2004 but was later released by the team.

Residential burglary is a Class 1 felony that carries a punishment of imprisonment of not less than four years and not more than 15 years in a state prison.

Nora Maberry can be reached at 581-7942 or at nemaberry@eiu.edu.