Pre-trial decision to be made in Hardy case

On Monday, IU wide receiver James Hardy appeared in Allen County Court for his second pre-trial hearing, stemming from his domestic battery charge on May 16. Hardy and his lawyer, Randall Hammond, made their second pre-trial request to Superior Court Magistrate Robert Ross asking for statements by the alleged victim, Kyra Nolan, to be stricken from the record.\n"We filed a motion to prevent the state from using a 911 tape recording," Hammond said. According to state law, a 911 tape recording cannot be used as a defense unless it is proven the 911 call took place during an emergency.\n"The call occurred well after the event and was not an ongoing emergency," Hammond said. "Therefore, the state will not be able to play the tape at the trial."\nWhether the tape may be used or not will be decided by Ross later this month.\nThe state of Indiana filed a motion of their own on Monday. The state requested the judge allow them to use an expert witness who specializes in battered wife syndrome. \nAccording to Wikipedia, battered wife syndrome is "a recognized psychological condition to describe a woman who, because of constant and severe physical abuse by a male partner, becomes depressed and unable to take any independent action that would allow her to escape the abuse."\nHammond and his client rejected the state's request on the basis that, "there is no relevance because there is no prior history of abuse. It is an isolated incident."\nLast month, Hardy appealed to the court to have the No Contact Order lifted between himself and his girlfriend Nolan. Since the NCO has been lifted, Hardy and Nolan have been spending time together, but are not living in the same city, Hammond said.\n"He's a strong individual," Hammond said of Hardy. "He certainly is determined to go to school and perform as best as he can. I know he would like to have this resolved as soon as possible, and I hope it can be resolved soon."\nThe two charges Hardy faces are from an incident involving Nolan and the couple's infant son. Hardy is being charged with domestic battery and interfering with the reporting of a crime.\nHardy's trial is slated to begin August 23. Hammond said it was not clear whether the trial would interfere with Hardy's football schedule or not.