Covault’s attorney, Andrew Pratt of Troy, has asked Judge Christopher Gee to sever, or order separate, trials for the two men.
In the motion, Pratt argues evidence available should be presented to juries in separate trials to make sure a jury does not consider evidence against one defendant as evidence against both.
Gee will hold a hearing on the motion Tuesday. A trial for the men now is scheduled to begin Sept. 18.
Pratt also asks Gee to continue Covault’s trial because of scheduling conflicts and the amount of evidence, which he said includes “a lengthy video recording from a premises recording device.”
Covault worked as a Troy firefighter/paramedic from May 1996 until retirement April 1, according to city personnel records.
Those records show he reported to Fire Chief Matthew Simmons on March 2 that he was under investigation for alleged misconduct earlier that day. He was placed on paid administrative leave that day and then on unpaid suspension March 5 pending completion of the city investigation into the alleged misconduct.
Covault notified the chief of his retirement March 15.