By Lindsay Cates
A judge on Tuesday set the trial date for Nicholas Hansel, a former Washington and Lee University student charged with killing another student in a car crash last December.
Hansel is scheduled to appear in Rockbridge County Circuit Court for a four-day trial beginning Jan. 20.
Judge Jay T. Swett also said he will consider a letter filed with the Rockbridge County Circuit Court clerk in September requesting that the terms of a rejected plea agreement be unsealed.
The letter was written by Brian Richardson, head of W&L’s Department of Journalism and Mass Communications. The terms of the plea agreement have remained sealed in the case file since Judge Michael Irvine rejected the agreement in August.
Irvine recused himself because of his rejection of the proposed agreement.
Swett questioned whether Richardson, as a private citizen, had standing to raise such an objection against the court’s ruling to seal the file.
Swett acknowledged that news organizations have a First Amendment right for access to court proceedings but said he didn’t know whether that right would extend to a private citizen.
Richardson says in his letter that the journalism department’s students produce a weekly news broadcast and website, Rockbridge Report.
Commonwealth’s Attorney Robert “Bucky” Joyce already filed a response to the letter expressing concern that releasing terms of the plea agreement could taint the jury pool. The judge invited all parties to look into the matter and file a brief with their opinions by Nov. 28.
Swett will address Richardson’s letter again in court on Dec. 10, along with any other outstanding motions.
Hansel’s Roanoke defense team of Anthony Anderson, John Lichtenstein and John Fishwick Jr. said they are not ruling out the possibility of another plea agreement, depending on how the case progresses.
Hansel is charged with killing W&L senior Kelsey Durkin and seriously injuring another student when the SUV he was driving overturned. Authorities say Hansel was intoxicated when he and 10 other W&L students left a fraternity party in the vehicle.
Hansel faces three felony and three misdemeanor charges, including driving under the influence, involuntary manslaughter and maiming. He is out on bond and living at home in New Orleans.