COMMONWEALTH’S ATTORNEY G. L. OVEY SAYS HE FEELS THERE IS NO NEED FOR CONVICTED ROARING SPRING TRIPLE MURDERER KEVIN DUNLAP TO RECEIVE A NEW TRIAL.
IN THE COMMONWEALTH’S RESPONSE TO A NEW TRIAL MOTION FILED LAST WEEK BY DUNLAP’S ATTORNEY JAMES GIBSON, OVEY SAYS THE MOTION SHOULD BE DENIED.
OVEY’S RESPONSE SAYS GIBSON’S MOTION FOR JUDGE WOODALL TO STEP ASIDE FROM THE CASE BECAUSE HE PRESIDED OVER A DIVORCE CASE INVOLVING JEFF AND KRISTY FRENSLEY SHOULD HAVE BEEN FILED EARLIER. HE ALSO SAYS EXPERT WITNESSES FOR THE BOTH THE COMMONWEALTH AND DEFENSE TESTIFIED THAT DUNLAP WAS MENTALLY COMPETENT TO STAND TRIAL. HE ADDS THERE WAS NO RECORD OF DUNLAP SUFFERING FROM MENTAL ILLNESS. OVEY SAYS THE COURT DID NOT ABUSE ITS DISCRETION IN DENYING THE DEFENSE THE RIGHT TO ASK CERTAIN QUESTIONS DURING THE JUROR QUESTIONING PROCESS AND IN DENYING CERTAIN CHALLENGES TO THE JUROR PANEL. THE COMMONWEALTH’S ATTORNEY SAYS THE COURT ACTED PROPERLY IN DENYING THE DEFENSE MOTION FOR A MISTRIAL AND IN OVERRULING GIBSON’S OBJECTIONS TO THE JURY INSTRUCTIONS.
DUNLAP ENTERED A GUILTY PLEA FEBRUARY 9TH TO THREE COUNTS EACH OF CAPITAL MURDER AND KIDNAPPING IN THE OCTOBER 2008 DEATHS OF KAYLA WILLIAMS, KORTNEY FRENSLEY AND ETHAN FRENSLEY. HE WAS SENTENCED TO DEATH BY A LIVINGSTON COUNTY JURY WEDNESDAY FEBRUARY 24TH. CIRCUIT JUDGE C.A. WOODALL WILL RULE ON THE MOTION FOR A NEW TRIAL DURING A SENTENCING HEARING MARCH 19TH IN LIVINGSTON COUNTY.
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