WKDZ reports the motion to dismiss and the setting of a new trial date for Claude Russell were discussed during a pretrial conference in Trigg Circuit Court. The case has not been resolved for 16 years, which includes a trial that ended with a hung jury in 2012.
Russell is charged with murder and rape in the 2002 death of Chantel Humphries.
Defense attorney John Stewart filed the motion to dismiss, claiming his client has been deprived of his right to a speedy trial and has suffered during the delays. For instance, Stewart said the delays combined with court appearances on a separate domestic violence case led to contempt of court charges against Russell, so he was exposed to prejudice.
Stewart said his client's case is an example of why the court system should provide a speedy trial.
Special Prosecutor Zac Greenwell said there was only one delay due to action by the Commonwealth, but they have filed no motions that show prejudice toward Russell.
The News Edge reports that after hearing the arguments, Judge C.A. Woodall said they could all agree that Russell’s case is an exceptional situation.
"We're still here dealing with a crime from 2002 in 2018, and I agree that that's not a result of anyone's fault or bad faith. I don't believe that that will enter into my decision at all, ultimately on this motion. So I am going to make the best decsion I can under the circumstances and the facts of Mr. Russell's case," Woodall said.
The judge said he would allow 60 days to make his ruling on the motion to dismiss, while Greenwell asked for a trial date to be set. Judge Woodall tentatively set the trial to begin with jury selection on August 19, 2019, and allowed two weeks for the case to be heard. Judge Woodall said the trial date could be affected by his ruling on the motion to dismiss.
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Source Story from WKDZ The News Edge
