By Thomas J. McKillen
Managing Editor

The trial of a man accused of a murder in Germantown 11 years ago has been delayed until November.
Mark Libecki, who is accused of murdering Theresa Wesolowski on May 28,1999, had been scheduled to go on trial June 14. However, the trial was pushed back and will now begin Nov. 8.
Gary Schmaus, the lead attorney representing Libecki, advised Judge Andrew Gonring that he had been diagnosed with Bells Palsy. In court, Schmaus said the left side of his face has been paralyzed at times and his left eye doesn’t blink on a regular basis, and starts to water later in the day as a result. Schmaus also said that fatigue is a factor caused by the condition.
“I don’t know how Mr. Schmaus can represent Mr. Libecki, given his physical impairment,” Gonring said.
Gonring then added that he will “reluctantly have to adjourn the matter.”
“My real concern is with the family. I understand they would like the case to come to a head.
A pretrial hearing scheduled for Oct. 26.
Other issues were also addressed during the pretrial hearing. Gonring said that Libecki’s attorney have requested he read the transcripts from a John Doe hearing as part of their defense.
Gonring said “would be hard pressed to read the John Doe transcript” prior to the original June 14 trial date.
Schmaus said that he will continue to object to some of the photos proposed to be entered as evidence by District Attorney Todd Martens.
“I believe they are extremely inflammatory,” he said.
Martens said he has a “good idea” of what photos he would want to present during the trial. Gonring asked that all photos be submitted, with photos marked that the Libecki’s attorneys are objecting to having presented during the trial.
Lauria Lynch-German, an attorney for Libecki, presented a motion objecting to testimony from jail inmates regarding statements allegedly made by Libecki regarding the case.
“I don’t know how I can prohibit (the prosecution) from calling them if they have relevant information,” Gonring said.
Lynch-German replied that two of the potential witnesses would present information they did not hear firsthand.
“One person says he did,” Gonring said.
Gonring said he will wait for a response from the prosecution before making a ruling on that matter.