Griffith seeks to delay murder trial
By Kat Russell, Reporter
The Paducah Sun
December 11, 2015
http://www.paducahsun.com/news/local/griffith-seeks-to-delay-murder-trial/article_9aadf402-5afa-11e7-aba1-10604b9f0f42.html
With one trial under his belt and a new one looming, Keith Griffith wants out of McCracken County.
Facing charges of murder, arson and animal cruelty, Griffith, 56, was tried earlier this year, but the proceedings ended in a mistrial when the jury failed to reach a unanimous agreement. A second trial is scheduled for February, and his lawyers want both a change of venue and a later trial date.
In a motion filed Wednesday with the McCracken Circuit Clerk's Office, Griffith's attorneys asked his trial be moved to Warren or Barren County, stating the extensive news coverage of the case has rendered it impossible to have fair proceedings locally.
"This case has received an enormous amount of publicity from area newspapers and television stations dating back to January 2014," the document states. "Every time the defendant has appeared in court, there has been news coverage; almost always front page."
Included with the motion was a packet of nearly 40 stories published by The Paducah Sun as well as three DVDs of local television news coverage.
Defense attorneys Chris McNeill and Michael Bufkin stated that due to the pervasive news coverage, in addition to the community's familiarity with Griffith and his late wife, "A fair trial is not possible in this judicial circuit."
Moreover, the attorneys argue that because it would be Griffith's second trial in McCracken County, it would nearly impossible to select an impartial jury from the same potential juror pool.
The commonwealth had not filed a response to the motion as of 4 p.m. Thursday. Commonwealth Attorney Dan Boaz, however, said his office will oppose changing venues.
"We feel there are safeguards in place that will protect both the defendant and the commonwealth," Boaz said.
A new venue, however, is only one of the defense team's concerns.
In a second motion filed Wednesday, McNeill and Bufkin request their client's trial be postponed, stating they need more time to prepare the case.
According to the motion, there are more than 1,200 pages of discovery, as well as 83 CDs and DVDs in the case in addition to more than 1,000 pages of documents in the case's court file.
Griffith is accused of killing his wife, killing their dogs and burning their home.
The attorneys, who took over the case in April after Griffith's first defense team withdrew, contend that nine months is not enough time to thoroughly examine all the pieces and conduct their own investigation.
"At this time, counsel has not completed pre-trial preparations, the fact investigation or the mitigation investigation necessary to bring this case to trial," the motion reads. "Counsel requests only sufficient time to complete these and other tasks in preparation for trial ... There are still family members to be interviewed and documents to be reviewed."
"Without additional time for appropriate preparation, counsel cannot provide the level of competent representation required by the United States and Kentucky Constitutions."
Both motions are scheduled to be addressed at Griffith's final pretrial conference on Dec. 21.
Contact Kat Russell, a Paducah Sun staff writer, at 270-575-8653.
Facing charges of murder, arson and animal cruelty, Griffith, 56, was tried earlier this year, but the proceedings ended in a mistrial when the jury failed to reach a unanimous agreement. A second trial is scheduled for February, and his lawyers want both a change of venue and a later trial date.
In a motion filed Wednesday with the McCracken Circuit Clerk's Office, Griffith's attorneys asked his trial be moved to Warren or Barren County, stating the extensive news coverage of the case has rendered it impossible to have fair proceedings locally.
"This case has received an enormous amount of publicity from area newspapers and television stations dating back to January 2014," the document states. "Every time the defendant has appeared in court, there has been news coverage; almost always front page."
Included with the motion was a packet of nearly 40 stories published by The Paducah Sun as well as three DVDs of local television news coverage.
Defense attorneys Chris McNeill and Michael Bufkin stated that due to the pervasive news coverage, in addition to the community's familiarity with Griffith and his late wife, "A fair trial is not possible in this judicial circuit."
Moreover, the attorneys argue that because it would be Griffith's second trial in McCracken County, it would nearly impossible to select an impartial jury from the same potential juror pool.
The commonwealth had not filed a response to the motion as of 4 p.m. Thursday. Commonwealth Attorney Dan Boaz, however, said his office will oppose changing venues.
"We feel there are safeguards in place that will protect both the defendant and the commonwealth," Boaz said.
A new venue, however, is only one of the defense team's concerns.
In a second motion filed Wednesday, McNeill and Bufkin request their client's trial be postponed, stating they need more time to prepare the case.
According to the motion, there are more than 1,200 pages of discovery, as well as 83 CDs and DVDs in the case in addition to more than 1,000 pages of documents in the case's court file.
Griffith is accused of killing his wife, killing their dogs and burning their home.
The attorneys, who took over the case in April after Griffith's first defense team withdrew, contend that nine months is not enough time to thoroughly examine all the pieces and conduct their own investigation.
"At this time, counsel has not completed pre-trial preparations, the fact investigation or the mitigation investigation necessary to bring this case to trial," the motion reads. "Counsel requests only sufficient time to complete these and other tasks in preparation for trial ... There are still family members to be interviewed and documents to be reviewed."
"Without additional time for appropriate preparation, counsel cannot provide the level of competent representation required by the United States and Kentucky Constitutions."
Both motions are scheduled to be addressed at Griffith's final pretrial conference on Dec. 21.
Contact Kat Russell, a Paducah Sun staff writer, at 270-575-8653.
