Twins accused of abusing elderly mom released, hearing postponed

Joe Jaszewski / Idaho Statesman
Danny and David Nicks appear for their preliminary hearing in Canyon County court on Thursday. The 55-year-old twins are accused of neglecting and abusing their 92-year-old mother, who died at Christmastime

Danny and David Nicks, 55, faced a second preliminary hearing on the felony charges Thursday, and for the second time the judge canceled the hearing and released them.

At issue was medical testimony to link the brothers' care of their mother with the condition she was found in when a concerned friend sent Nampa police to her home Nov. 17.

Prosecutor John Bujak said he subpoenaed the doctor who treated Verda Nicks and was told the subpoena had been served, then learned Thursday morning the doctor was in Texas and could not appear in court that day. Bujak asked permission to let the doctor testify by phone, but Canyon County Magistrate Gregory Frates declined.

"I'm frustrated," Bujak said after the second aborted preliminary hearing, "and frankly I accept responsibility.

"I knew what the judge wanted, and shame on me for not making absolutely sure the doctor walked in that door."

Bujak said letters the Nicks brothers sent from their jail cells indicated "they intend to flee to Tennessee as soon as they get released." Frates ordered the brothers released to the county's pretrial services office and be required to check in every day until their next scheduled preliminary hearing next Thursday.

"Pretrial services can't watch them 24/7, and if they're absolutely intent on fleeing, there are plenty of windows for them to do so,"Bujak said.

The Nicks twin, are charged with felony abuse and/or neglect of their 92-year-old mother, who was found in squalor in her Nampa home Nov. 17 and died about six weeks later. The brothers are not accused of causing her death, which was attributed to natural causes, Bujak said earlier.

Their preliminary hearing, to determine whether they will be sent to 3rd District Court for trial, was originally set for Dec. 31, but Frates dismissed the charges because a doctor's testimony was needed to establish the crime. The county immediately refilled the charges and kept the twins in jail, intending to provide that medical testimony Thursday.

Prosecutors' third try at preliminary hearings for the Nicks is scheduled for 8:30 Jan. 21.

(Edit:Ruby)