Scheduled for trial in September for the murder of his aunt, Trigg County’s Mary Dullenty, Illinois man Harold Jett may have to wait before a jury is summoned.
During Wednesday morning’s Trigg County Circuit Court, Judge Jamus Redd said he would consider a motion of continuance filed by defense — one citing considerable delays in their client’s psychiatric evaluation process, and research and filing deadlines that must legally be afforded, and met, before the trial begins.
Attorney’s Rick Lawniczak and Amie Martinez — who both came on as substitute counsel — said Jett not only needs analysis at the Kentucky Correctional Psychiatric Center, which has a logjam of assignments, but a major look from other professionals.
He said mental health study, especially in criminality, has been especially critical in the past five years.
Redd said he would also be reviewing the timeline and compliance necessary under KRS 532.135, which states:
— That those with “serious intellectual disability” and “significant subaverage general intellectual functioning” are defined as those with 70 IQ or lower;
— And those with one or more of schizophrenia, schizoaffective disorder, bipolar disorder, delusional disorder not manifested primarily by repeated criminal conduct of voluntary use of alcohol/drugs;
Must be alerted to the court at least 120 days before a trial, with the Commonwealth offering any possible rebuttal within 90 days before a trial.
Redd also told Lawniczak and Martinez not to sweat the deadlines just yet, especially in a trial with capital scrutiny.
Commonwealth’s Attorney Carrie Ovey-Wiggins said she understood the delay, and wants to get this case “tried and resolved.”
All parties will reconvene for a special-called Zoom meeting at 9 AM June 11.
