Another trial delay for CR man accused of slaying a cab driver in 2011

CEDAR RAPIDS - A man accused of killing a cab driver filed a motion last Friday to continue his trial set for Oct. 23, because of an unknown medical condition.

Johnathan Mitchell, 33, of Cedar Rapids, through his attorney filed a motion asking the court to delay his murder trial because he has "excruciating pain which severely limits his ability to function," according to the motion. He has suffered from ongoing symptoms over the past several months and has written numerous requests for medical attention while in jail. Mitchell has been taken to Mercy Medical Center for various testing but hasn't been successfully diagnosed or treated.

Mitchell's current physical state would prevent him from sitting in the courtroom seven hours a day for 10 or 14 days for his expected trial, according to the motion. His "extended period of pain" also is negatively impacting his mental state and ability to assist in a defense.

Assistant Linn County Attorney Nic Scott said he isn't resisting the motion after verifying his medical condition.

Mitchell also filed a waiver of speedy trial.

Sixth Judicial District Robert Sosalla is on vacation and will likely rule on the motion when he returns.

Mitchell's trial, which was moved to Story County, was initially set for August but it ended before the second day of jury selection in a mistrial because Scott had a serious medical condition and was admitted to the hospital.

Mitchell, charged with first-degree murder and first-degree robbery, is accused of stabbing to death Cathy Stickley, 54, a Century Cab driver, April 29, 2011. According to a criminal complaint, Stickley was found dead by her vehicle in the 1500 block alley between Second and Third avenues SE in Cedar Rapids. Stickley died of multiple stab wounds to her neck and head.