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The anticipated next steps in the sexual assault trial of Herbert Lucas Scott in the 11th Judicial District Court of Patrick Murphy took a back step on Wednesday morning when it was announced that there had been no response from the Alternative Defense Counsel (ADC) resource regarding a public defender to be appointed to represent Scott.

The October 5 hearing date was ordered during a September 21 hearing, when then defense attorney Ernie Márquez announced he needed to step off the case. The 11th Judicial District Attorney’s office declared that as the prosecutors in the case, it couldn’t also take on the defense.

The Oct. 5 hearing had only two agenda items; the appointment of a public defender and the setting of new trial dates. Instead, the session was rescheduled for 10:15 a.m. Wednesday, Oct. 12. Judge Murphy expressed hope that by that time, the ADC would respond.

The August trial of Scott ended in a hung jury, resulting in a mistrial.