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Homicide trial moved to August

The trial for an Elma woman whose homicide conviction was overturned by the state Supreme Court has been pushed to August.

The trial was slated to begin in March. Superior Court Judge Gordon Godfrey approved an order continuing the trial out to August. 5.

Brenda Zillyette has already pleaded not guilty to the new charge being spearheaded by Acting Prosecutor Gerald Fuller.

Zillyette is accused of giving 18-year-old Austin Burrows methadone and Xanax pills, which they crushed into a powder and snorted together hours before Burrows died of an overdose April 1, 2009.

She was sentenced to four and a half years in prison for controlled substances homicide and was released earlier this year. She appealed her conviction on several levels, finally winning a new trial because of a technical detail in her original charging document. Prosecutors failed to specify which drug her charge was based on. Unless they did that, the high court concluded she wasn’t technically accused of a crime.