Prosecutors allege Capone attempted to strangle 40-year-old Rachael Anderson, his estranged wife, who went missing shortly after the incident. The two were married before her disappearance in 2010, and he is considered a person of interest in that case. Prosecutor Ben Nichols argued Friday morning to postpone the trial that deals with the strangulation attempt, until April.
"It will give them an opportunity to complete their investigation and provide their discovery to me," said Nichols. "It will not in any way prejudice the defense."
However, Friday in court, Judge Acey decided against changing the schedule and he says it's for the sake of the jury.
"You've got to remember I'm dealing with another county," said Acey. "They've got spring planting, they've got stuff out in the fields. It's hard for me to get juries over there seasonally."
Capone's defense attorney disagreed with moving the trial.
"It will give us an opportunity to interview their witnesses so we don't walk in not only on the eve of trial but at trial and have witnesses produced who we've never heard of or heard from," said Nichols.
However, in the end, Judge Acey still denied the motion.
"I appreciate the states suggestion may be saving a pile of money," said Acey. "You filed the case, let's go forward."
Several other motions were discussed in court regarding specific details of the case and the investigation regarding the strangulation of the missing Anderson.
Capone's trial is set for March 25th, in Dayton.