Woodall grants motion by Dunlap’s attorney
by Franklin Clark -- fclark@cadizrecord.com
Jul 22, 2009 | 0 0 comments | 5 5 recommendations | email to a friend | print
Trigg County Circuit Court Judge C.A. “Woody” Woodall granted an exculpatory motion filed by James Gibson, defense attorney for accused triple murderer Kevin Wayne Dunlap, but omitted one paragraph of the motion during a pre-trial hearing that was held Friday morning at the Livingston County Judicial Center in Smithland.

Gibson filed the motion recently asking that any evidence that Trigg County Commonwealth’s Attorney G.L. Ovey has that would prove Dunlap’s innocence should be turned over to him.

Ovey said he didn’t know of any exculpatory evidence, but he objected to one paragraph in Gibson’s motion because he thought it was requesting privileged information, as it dealt with conversations and interviews between witnesses and what are dubbed in the judge’s ruling as “agents of the Commonwealth.”

Ovey said that although Gibson argued that some of the witnesses won’t speak with the defense, that is beyond the control of the prosecution, and added that he has already provided witness statements that were the result of police interrogations and questioning.

Woodall granted the motion excluding the disclosure of all conversations and interviews, and also scheduled pre-trial conferences on Friday, Sept. 11, Friday, Oct. 9, and Wednesday, Nov. 4. Woodall asked that counsel be ready with the jury process by the next hearing.

Dunlap, 36, was charged in November with murder in the Oct. 15, 2008 stabbing deaths of Kayla Elayne Williams, 17, Kortney Lan McBurney-Frensley, 14, and Ethan Zane Frensley, 5, along with the rape and attempted murder of their mother, Kristy Frensley.

The location of all proceedings in the case was changed from Trigg to the Livingston County Judicial Center in Smithland on Monday, March 30, according to a document that was signed by Woodall, Ovey and Gibson.

The criminal trial will begin at 9 a.m. on Monday, Nov. 9 in Smithland.
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