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Murder trial delayed for DNA tests

Trial for Buck Ballard now set for Aug. 5 in Bourbon County

January 09, 2009|Fred Petke

Bourbon Circuit Judge Rob Johnson didn't want to continue a murder and sodomy trial after already postponing it twice to allow for DNA testing of evidence.

But on Thursday afternoon, he decided he had to continue the case in the interest of fairness so Lewis "Buck" Ballard's attorneys can complete the testing needed for their defense.

The trial is now scheduled to begin in Paris on Aug. 5, two years and a day after 6-year-old Wesley Mullins died in Paris while staying with his grandfather. Ballard, 50, is accused of killing and sodomizing the boy. Mullins, a student at Strode Station Elementary, died from several blunt force injuries to his head.

"This is the reason the trial was continued in October," a frustrated Johnson said Thursday afternoon in Bourbon Circuit Court. "What I want to be sure of is there's a date out there that nothing will happen afterward."

The court, he said, had already cleared the month of February for the trial and started issuing subpoenas and making arrangements for the jury pool. Now, the process will have to start again.

Twice previously, the trial was continued to allow more time for evidence to be tested and processed. This time, the request came from Ballard's attorneys instead of prosecutors.

Defense attorney Jennifer Wittmeyer said she recently received some new witness statements, but the bigger issue was finding several pieces of evidence that had not been analyzed or tested for DNA evidence. She also said there were some pieces, including a pair of boots, that had already been examined by the Kentucky State Police Crime Lab that she wanted to send to a private lab for further testing. Further testing could take six to 12 weeks.

"If we are not given an opportunity to get this stuff tested, it denies (Ballard) a defense," Wittmeyer said. "(The case) is entirely wrapped up in this."

Commonwealth's Attorney Gordie Shaw said he thought the February trial date could be maintained and that the lab could complete the testing in a week or two.

Wittmeyer also requested a hearing to determine whether Ballard would be eligible for the death penalty based on his IQ. Following a pair of tests, Ballard has an IQ of 71 or 72, she said. According to state law, a defendant must have at least a 70 IQ to be eligible for the death penalty.

Johnson said he did not see the need for a hearing, as the results indicate Ballard is above the minimum and the law does not allow for a margin of error in that number.

Contact Fred Petke at fpetke@winchestersun.com.

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