Muth Trial Delayed, No New Trial Date Set

Albrecht Muth will not go to trial March 25—just as he predicted. Attorneys for the defense and the prosecution told D.C. Superior Court Judge Russell F. Canan that they were unwilling to proceed with the set trial date because the court ruled that Muth's frail health made him unable to come to court.

"We should not proceed to trial under these circumstances," Assistant U.S. Attorney Glen Kirschner said in court Tuesday.

Muth, a German native, was scheduled to go to trial for the murder of his late wife, Viola Drath, who was found beaten to death in her Georgetown home in August 2011.

After he was found competent to stand trial in December, Muth declared to the court that there would be no trial. Shortly thereafter he re-instated what he has called a religious fast.

After hearing from Muth's treating physician at United Medical Center (UMC), Dr. Russom Ghebrai Tuesday, the court determined that Muth was not physically capable of appearing in court.

Muth entered UMC weighing an estimated 130 pounds and now weighs about 104 pounds because of an . He can no longer sit up or have his head elevated without feeling dizzy, according to his physician.

Kirschner told Canan that after speaking with the appellate division, he found it difficult to urge the court to move forward because he felt the "case law works against us."

Kirschner said the prosecution was not comfortable using a live video feed, in part because it would be such a novel approach to having a defendant be "present" in the courtroom.

The concern is that upon appeal any conviction might be overturned because of Rule 43 which allows a defendant to be physically present at the start of his trial.

"It's a gamble," Kirschner said.

Canan said he was not so sure that the case law would work against such an approach, but when both was unwilling to rule against both the prosecution and the defense who both pushed to delay the trial.

The decision did not come without reservations from Canan.

"Mr. Muth succeeds by his conduct," he said.

"There must be a situation where the law says this just cannot be," Canan said about Muth creating a situation where he cannot be present for his trial.

The prosecution suggested that if Muth begins eating on a consistent basis or if his health stabilizes, the prosecution would be more comfortable proceeding to trial.

A new status hearing is set for April 25 at 9:30 a.m. at which time the court will get an update on Muth's health and whether the prosecution or defense is willing to go to trial.

Read more on the Albrecht Muth proceedings:

• Prosecutors Seek to Include Muth's Past Crimes in Murder Trial
• Muth 'Exits the Stage' During Pretrial Hearing
• 'No Way' Murder Defendant Would Get a Fair Trial in DC