Preliminary hearing again rescheduled as both sides await accident reconstruction
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POCATELLO — A hearing to establish whether probable cause justifying a trial exists in a dual-manslaughter case has been continued again.
Kenneth Dale Conley, 68, appeared in court before Magistrate Judge Scott Axline Tuesday, but no evidence was presented. Instead, a preliminary hearing was again rescheduled as the prosecution and defense teams await an accident reconstruction report from Idaho State Police.
Conley was arrested in August following a multi-vehicle crash that claimed two lives.
The crash occurred on Intestate 15, between Chubbuck and Fort Hall, and involved the Peterbilt dump truck Conley was driving, two trucks — one pulling a horse trailer — and a Toyota Avalon. All three people who were inside the Toyota at the time of the crash were taken to Portneuf Medical Center by ambulance. Two of the three died.
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Mariah Morales, who was the only passenger inside the Toyota to survive, told EastIdahoNews.com shortly after the crash that traffic had slowed as she approached a construction zone. Morales said Conley’s truck did not slow, however, and drove right over the top of the Toyota.
At Tuesday’s hearing, Bannock County Chief Public Defender David Martinez appeared alongside Conley, who was transported from Bannock County Jail for the hearing. Martinez told Axline he is hopeful the ISP accident reconstruction report will be completed and available within the next four weeks, but suggested setting a new date for the hearing five weeks out, “out of an abundance of caution.”
Axline acknowledged the reports can take time to be completed before asking Bannock County Chief Prosecuting Attorney Stephen Herzog for his office’s take. Herzog agreed with Martinez, saying four weeks would likely be enough time.
After a brief discussion, Axline rescheduled the hearing for Feb. 6.