HAMPTON, Va. — The trial for Cory Bigsby, the Hampton man accused of killing his 4-year-old son, has been postponed.
The delay happened during a Tuesday morning pre-trial hearing for Bigsby, who is facing charges of murder and concealment of a body in the death of son Codi, who was reported missing in January 2022.
The trial was originally set to begin November 6, but Bigsby's defense attorney, Amina Matheny-Willard, said she hasn't completed a review of the prosecution's discovery in this case.
In the paperwork filed for the continuance, Matheny-Willard said her team could need until December to complete the review process. That includes inspecting evidence at the Hampton Police Division. She said they want to have a jury trial the last week of February 2024 or the first week of March.
While Hampton Circuit Court Judge James Hawks agreed to move the trial, he said he didn't know why Bigsby's defense didn't complete their review, despite having "ample time to do so." Hampton Commonwealth’s Attorney Anton Bell told Hawks he wasn't informed the defense would ask to move the trial.
"We don’t have a problem with a continuance, we just ask they do it with integrity,” Bell said, adding he sent the defense attorneys discovery information back in July.
Bigsby will be back in court next Wednesday to hear defense motions and pick new trial dates.
Bigsby was indicted in June 2023, with prosecutors claiming Bigsby murdered his son "on or about" June 18, 2021, months before he was reported missing, and did something to hide the crime from law enforcement. While Codi's body hasn't been found, prosecutors believe they have enough evidence to charge Bigsby with his murder.
Aside from his murder charges, Bigsby also faces dozens of counts of child neglect and abuse for allegedly leaving his other children home alone, charges unrelated to Codi's disappearance.
Bigsby was behind bars from February 2022 until June 2023, when he was granted a bond after being denied six times.