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Ballard trial moved to Woodford

October 09, 2009|By Fred Petke

A judge moved the murder trial of Lewis "Buck" Ballard to Woodford County, following two unsuccessful days of jury selection in Bourbon County.

Bourbon Circuit Judge Rob Johnson, who also serves Woodford County, made the decision Thursday night after the second full day of jury selection process, according to the Bourbon Circuit Clerk's office.

A written ruling has not been filed as of this morning.

Clerks in Woodford County, the case will begin Monday at 9 a.m., but a decision has not been made as to whether the case will begin anew in Versailles.

Commonwealth's Attorney Gordie Shaw was not available this morning.

Ballard, 50, could be facing the death penalty if convicted of murder and first-degree sodomy for the August 2007 death of 6-year-old Wesley Mullins. The boy, who was a student at Strode Station Elementary, died from blunt force injuries and was found in his grandfather's garage. Ballard was staying with the grandfather at the time.

Johnson and the attorneys spent Wednesday and Thursday working late into the night, trying to seat an impartial jury.

Ballard's attorneys had tried several times before to have the case moved to another county, due to the publicity surrounding the case. Johnson overruled those motions at the time, case moved to another county, due to the publicity surrounding the case. Johnson overruled those motions at the time,

While most potential jurors Thursday said they had heard about the case and knew the basic facts, several were disqualified for having firm opinions about Ballard or not being able to consider all the possible penalties, including the death penalty.

"If you live in Paris, you couldn't have not known about it," one man said.

For others, the possible penalties were much more troubling.

A simple murder conviction carries a penalty range of 20 to 50 years in prison, or life. Capital murder adds the options of life in prison without the possibility of parole for 25 years, life without parole and the death sentence.

One woman, who said she already believed Ballard was guilty, said she could not consider the minimum or the maximum.

The death penalty, she said, "is too easy a way out."

Another potential juror said he wouldn't consider anything but the death penalty, if Ballard was convicted.

While most said they had heard of the case, some didn't know the case was still pending two years after Mullins' death.

"I thought this case was over with until (Wednesday) morning," one man told the attorneys Thursday. "I never heard anything about it. I took it for granted."

Contact Fred Petke at fpetke@winchestersun.com

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