The Wyoming Supreme Court on Wednesday denied Tony Cercy’s request for a delay of his second trial, which is scheduled to begin Friday in Thermopolis.
The Casper businessman, who faces a single count of third-degree sexual assault, filed the request Tuesday, saying the state’s highest court should put the trial on hold while it considers whether to dismiss the case against him.
The case has been ongoing since July 2017, when a 20-year-old woman went to police and told them Cercy had assaulted her while she slept on a couch in his Alcova lake house.
The woman testified at Cercy’s first trial in February that she immediately pushed him away and that Cercy told her he had been trying to wake her by performing sexual acts on her.
Cercy told jurors he did not have any sexual contact with the woman and he slept through the night, waking to find her gone.
Although jurors acquitted Cercy on two counts, they could not come to a unanimous decision on a charge of third-degree sexual assault. Cercy’s attorneys in October asked Natrona County District Court Judge Daniel Forgey to dismiss the final count against him, citing his Fifth Amendment protection against double jeopardy.
Forgey sent a letter on Nov. 1 to lawyers in the case, indicating he would rule against the dismissal request. On Wednesday, he issued a formal ruling — a day after Cercy appealed to the state’s highest court.
The Wyoming Supreme Court response to Cercy’s request is brief, only stating that the court will deny the postponement request and decide whether to review the case after the Attorney General’s Office has an opportunity to respond.
On Tuesday, Attorney General Peter Michael declined to comment on the case, saying he was busy preparing an upcoming United States Supreme Court filing.