The Paducah Sun reported prosecutor G.L. Ovey filed a motion this week in Trigg Circuit Court. The motion refers to a May 8 motion by lawyers for defendant Claude Russell, which alleges Ovey withheld or suppressed evidence, making him a material witness in the case.
In Ovey's motion, he denies the allegation, but said he cannot be a witness and prosecute the case.
Russell is charged in the 2002 death of Chantell Humphries. A previous trial last August ended with a hung jury. Russell is scheduled to be tried again, beginning Aug. 19.