HAMPTON, Va. — Days after Hampton prosecutors filed a request to nolle prosqui child abuse and neglect charges for Cory Bigsby, his defense is asking the judge to move forward with the case, according to a document filed with Hampton Circuit Court April 18.
Bigsby, who is serving a 45-year sentence after he was convicted of killing and hiding the body of his son Codi, also faces more than two dozen charges of child neglect and abuse.
The commonwealth submitted a request to delay prosecution of those charges — unrelated to Codi's disappearance and death — which pertain to another one of his children.
Watch previous coverage: Prosecutors won't pursue Bigsby abuse charges for now
In their noelle prosque ("not wish to prosecute") motion, the commonwealth said the child, now 8 years old, is "undergoing intensive counseling and therapy as a result of the defendant's actions that led to these charges."
But Bigsby's defense team wants to move forward with that trial — scheduled to begin in July — stating that the commonwealth's request does not specify what Bigsby's children are recovering from.
Watch previous coverage: Bigsby to face child neglect charges in July
"The Commonwealth fails to state what it is that the children need to recover from," the motion reads. "The Commonwealth fails to state where this information as to the fitness of the children is coming from (is it the mother, the Commonwealth or the expert in the field?)."
The motion further goes on to say that because the child was "proven to be a competent witness when he was seven (7) years old last March," the justification does not meet the criteria for nolle prosequi.
