Since October of last year, Commonwealth’s Attorney Carrie Ovey-Wiggins has implored the court of the 56th Judicial Circuit to bring the cases of Jonathan R. McCoy and Keisha Stewart as a joinder.
The pair share similar charges in the potential connection to the death of Thelma “Ileen” Barnett, who on September 16, 2020, was found dead inside her burned home on Will Jackson Road in Trigg County.
That timeline, however, felt less likely after Friday’s pre-trial conference, when Circuit Judge C.A. “Woody” Woodall III said he felt “armed” with all of the information necessary to make such a call, and all but denied the Commonwealth’s long-standing motion.
This came after Ovey-Wiggins doubled down on seeking it.
Stewart’s defense proved to be one of Friday’s big changes in the case.
While McCoy is represented by Audrey Woosnam, Christy Hiance and a team of defenders from the Department of Public Advocacy, solo practitioner William “Chip” Adams, of Murray, has been Stewart’s defense attorney since last summer.
Ordered by the Department of Public Advocacy as a conflict attorney to handle other charges, Adams said he had other Stewart charges lumped into his folder.
With the Commonwealth’s pursuit of a “joinder” and a capital trial in McCoy’s shadow, Adams filed a motion to withdraw as Stewart’s representative — citing the inability to properly defend Stewart because of the resources required.
Adams went on to say that Stewart needed “a lawyer, or a group of lawyers, who could better advocate for her in this situation.” He added that he’s been in communication with the Department of Public Advocacy and asked for someone within the capital trial branch to take control. He further noted he’d stay on “pro-bono” to cooperate with a successor as needed and requested.
Ovey-Wiggins agreed with the motion, and Woodall granted it. Adams and Stewart then presided over McCoy’s hearing — which had one other point of contention.
Woosnam and her counsel have been asking for an independent expert to be present for lab testing of evidence, which is currently with the FBI. Ovey-Wiggins has submitted a letter and an FBI manual outlining this wouldn’t be possible, and that a potential compromise could be for the evidence to be moved to the Kentucky State Police lab — where they would potentially allow a non-biased expert to watch testing via online efforts.
After advisement from the defense and the Commonwealth, Woodall said he would seek language for an order to 1) ask the FBI to comply with the defense’s request for presence, and 2) ask the FBI to transfer the evidence to KSP if it couldn’t acquiesce.
Stewart’s next pre-trial conference was set for June 8, presumably under new counsel. She and McCoy will also both appear July 22, as the joinder discussion continues.