Virgil Apodaca, Sr.
Virgil Apodaca Sr., 45, of North Platte was back in court Monday on two counts of aiding and abetting first-degree sexual assault. Defense attorney Pat Hays asked for another continuance because transcripts from county court hearings still have not been typed out and delivered to the attorneys. Hays has waited for more than a month. He made the same request back on Feb. 7.
District Judge Richard Birch dropped his head in disappointment at the long wait for transcripts, and granted the continuance.
Apodaca is scheduled to be back in court March 25.
Hays also wanted a bond reduction because of his client’s health. He said Apodaca is undergoing treatment for diabetes and kidney failure.
Chief Deputy Lincoln County Attorney Tanya Roberts-Connick objected to any bond reduction and Birch agreed, leaving Apodaca’s bond at $1 million.
The rape case began May 13 when police were called to the Great Plains Medical Center where three teenage women said they had been sexually assaulted the night before.
The case has been extraordinary slow to develop. Apodaca has now been in the Lincoln County jail for 300 days. It took months before the initial DNA test results were known.
In September, defense attorney Stephen Potter told the court that the state crime lab cannot seem to get DNA results done within a reasonable time, although the University of Nebraska Medical Center can have results in a week. County Judge Kent Turnbull suggested Potter talk to the county attorney about having samples tested at the medical center.
Apodaca’s preliminary hearing was finally held in mid-December, along with the hearings of his three sons and co-defendants – Virgil, Jr., Jeromy and Anthony -- as well as another suspect, Anthony Nunnekamp.
Charges were dismissed at that time against Jeromy and Anthony, but based on victim’s statements and DNA evidence, Virgil, Sr., Virgil Jr., and Nunnenkamp are still charged.