OTTAWA — The chief attorney for Kyle Flack has filed a motion asking to delay his murder trial, which is set to begin in September. In his motion filed in Franklin County District Court Tuesday, Flack’s chief attorney, Tim Frieden, said there are several new developments that will make it difficult to defend Flack against four changes of murder if the trial starts in September. Frieden’s team is “attempting in good faith to be ready for a September 2015 trial date but question if counsel can provide an effective and Constitutional defense in the current time frame, under the current conditions.” In asking for the delay, Frieden said he is still lining up experts to testify on Flack’s behalf. Frieden also said he was recently informed that County Attorney Stephen Hunting’s office has information that might help Flack’s defense and that it will take several days to review it. Frieden said he was he was also recently informed by Hunting of a new report by a forensic insect expert and Frieden said he’s started looking for another expert to review that report. The state’s Death Penalty Defense Unit, who represents Flack, has had some recent turnover among its attorneys and the remaining attorneys are juggling several death penalty cases that are occurring at the same time, Frieden said. At an earlier court hearing, Frieden requested that the trial be moved out of Franklin County because of what he calls prejudicial publicity. Hunting said he plans to summon 800 potential jurors for the trial. District Judge Eric Godderz is scheduled to rule on the change of venue motion as well as several other motions, during a court hearing next Tuesday. Flack faces capital murder charges in the deaths of Kaylie Bailey and her toddler daughter Lana-Leigh Bailey; and murder charges in the deaths of Andrew Stout, and Steven White at a farmhouse north of Richter two years ago.
Wednesday, June 24, 3 p.m.
