A Wyoming judge has requested that a judge in the State of Texas order a "material and necessary" witness to appear and testify during the trial of a prominent Casper businessman accused of sexual assault.

Marcus Spurgin is described as an "essential" witness to Tony Cercy's alleged sexual assault of a 20-year-old woman in June, according to court documents submitted last week by Natrona County District Attorney Michael Blonigen.

The prosecution, led by Blonigen, claims that the alleged victim went to Spurgin's residence immediately after the alleged sexual assault and made "immediate outcry statements" to people present, including Spurgin.

Spurgin was also with the victim the day prior to the alleged sexual assault, Blonigen says.

Blonigen, in his affidavit, says Cercy's defense attorneys will not agree to any evidence in the absence of Spurgin's testimony. Blonigen says Spurgin's testimony will be necessary to establish elements of the crimes with which Cercy is charged.

On Thursday, Natrona County District Judge Daniel Forgey issued a certificate pursuant to Wyoming Statute and the Texas Code of Criminal Procedure calling for a Texas judge to direct Spurgin to testify at the trial, which is set to run for six days beginning Feb. 12.

The certificate also gives Spurgin immunity from arrest, as well as civil or criminal service, in connection with matters which may have begun before Spurgin travels to Wyoming for the Cercy trial. In his request, Blonigen says the State of Wyoming provides such immunity to all witnesses attending trial pursuant to summons.

Cercy is charged with first-degree sexual assault, second-degree sexual assault and third-degree sexual assault. The prosecution alleges that he performed oral sex on the victim while she was unconscious on a couch inside Cercy's cabin at Alcova Lake.

A pretrial conference is set for Feb. 7 at 1:30 p.m., and is scheduled to run for the rest of the day.

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