He says he didn't do it. The man accused of raping two local women, and then murdering 19-year-old Brianna Denison, pleaded "not guilty" to all five counts against him.

District Attorney Dick Gammick says a guilty plea would have shocked him, but not this. Brianna's aunt Lauren says she too expected James Biela to claim his innocence. The 27-year-old pipe fitter and father is set to spend the new year in jail.

His voice did not waiver as he made his plea.

"Not guilty, your honor," said James Biela at his arraignment in District Court Wednesday morning.

The man accused of terrorizing our community waived his right for a speedy trial, to give his attorneys enough time to prepare his defense.
Judge Robert Perry set the trial to begin on February 22nd, 2010, more than a year away.

"This is not unusual. Some people would say 'oh a year? My goodness.' But this is not unusual. We usually anticipate right around a year in a case of this size and magnitude to wait for a trial," said Washoe County District Attorney Dick Gammick.

And the community will also have to wait at least another week to find out if the state plans to seek the death penalty. Brianna Denison's family members say they've put their trust in the prosecution, but they don't think everyday prison life is enough. Capital punishment just might be.

"If that's what it's going to take to keep him sequestered and not just living in normal population," said Lauren Denison, Brianna's aunt.

Biela's attorneys chatted and shared a laugh with him before he made his plea...but they say underneath, he's scared.

"Obviously he's very nervous and upset and anxious. He's going to get a very strong and vigorous defense. I'm confident we'll get a fair trial," said Biela's attorney, public defender Richard Davies.

Davies says the public will be surprised at what they hear during upcoming testimony, maintaining that his client is innocent.

"We're excited about the opportunity for a trial for the truth to be told. It's an opportunity to separate fact from fiction," said Davies.

But Davies says that trial may not be in Washoe County. Judge Perry and the defense attorney both believe the trial could end up being moved to another County, one not so deeply affected by the case.

Lauren Denison hopes that with a year for the dust to settle, the judge will be able to find a fair and impartial jury. She says for now, the family will continue to heal.

"You just take it one day at a time and put one foot in front of the other. It's difficult. It will never be the same. You just try to make the best of it."

The DA plans to announce his plans about whether to seek the death penalty, sometime between January 5th and 14th.

Judge Perry made it very clear that because of the amount of time he's given the attorneys to prepare for the trial, he doesn't want any continuances down the road. He says that February 22nd trial date is firm.

Under Nevada law, Perry will first try to seat a jury in Washoe County.
If he's unable to find impartial jurors, he will then begin the process for a change of venue.

The trial is scheduled to last about three weeks.