MUNFORDVILLE — Another motion in Albert Stephens' case was taken into submission Tuesday by Hart Circuit Court Judge Jack Seay.
Stephens is accused in the November 2016 shooting death of Christopher Lynn Holder, 57, a Cave City businessman and former mayor of Cave City.
Holder was shot at Gary and Ann Logsdon's residence near Hardyville and succumbed to his injuries while a patient at Vanderbilt University Medical Center in Nashville on March 23, 2017. The Logsdons are the parents of Tammy J. Atwell Holder, who is Christopher Lynn Holder's widow.
The motion the judge decided to take under advisement Tuesday relates to the defense's request for police records and for guns that it believes Holder may have had in his possession on the night he was shot.
“Our position is that he didn't have them and that we have stated that the victim gave those guns to a friend when he got served with an EPO summons, so the friend had them. He didn't have them,” said Joe Ballard, assistant commonwealth's attorney for Hart County, after the court hearing on Tuesday. “The guns are now in the possession of a family member and (the defense) is asking to review them. We've contended that we don't have the authority to order the friend to (let them) review them.”
The commonwealth has asked that the guns not be disposed.
Seay has also taken under submission a motion filed by the commonwealth to exclude any evidence regarding grand jury testimony that was not recorded from being entered in to trial.
“We are arguing that it is irrelevant and unnecessary,” Ballard said.
David Broderick, a Bowling Green attorney, who is representing Stephens also said after the court proceeding on Tuesday, confirmed that he is waiting to review certain items of discovery.
“... But basically we want to see if Joe Ballard is going to stay on as prosecutor,” Broderick said.
The defense has argued that the commonwealth failed to preserve the grand jury testimony of Stephens in May 2017 due to an equipment malfunction.
A computer used to record the last part of the grand jury presentation failed due to the memory on the recording device being full. The commonwealth submitted notes regarding the unrecorded testimony prepared by the commonwealth's legal assistant.
In an earlier Glasgow Daily Times' story, Ballard said there is a possibility that he could be called as a witness in order to explain that it was a technical error and not an intentional act on the commonwealth's part. Ballard also said there is a rule that says if prosecutors are called as a witness they shall disqualify themselves from the case.
The case is set for review on Dec. 17.