Prosecutors are looking to re-file and re-open the previously closed case of a Holmes Beach man charged with raiding a neighbor’s dresser for panties.
Assistant state attorney Julie Binkley, who is assigned to the case, filed a notice of nolle prosequi Dec. 2 at the Manatee County Judicial Center. She was reported to be on vacation last week.
Brian Iten, a 12th Judicial Circuit felony division chief and assistant state attorney, said Dec. 28 that the decision not to prosecute was due to the unavailability of witnesses.
Ernest Kendler, 63, of Neptune Lane, had been scheduled for trial as early as December, after a number of disputes arose concerning the validity of the warrant that led to his arrest and the collection of evidence by the Holmes Beach Police Department.
Iten said the state will re-file the case sometime in January, look to re-arraign Kendler and set a new trial date. The judge would not allow a continuance under the previous case, he said.
Kendler was arrested and charged with burglary of an occupied dwelling, a second-degree felony, in November 2010. He is accused of entering a residence near his home without authorization and stealing underwear from two women.
This fall defense attorney Connie Mederos-Jacobs entered a plea of not guilty on behalf of Kendler and demanded police reports and prosecutorial information in the case.
Mederos-Jacob did not return a phone call for comment.