Posted by Trina Kinstler - email
NEWPORT, KY (FOX19) -- A new trial date has been set in the case of Cheryl McCafferty, the Fort Thomas mother accused of killing her husband last year.
Judge Julie Reinhardt Ward ruled Wednesday that the trial will start Dec. 1.
Jury selection will begin Nov. 24. If a jury cannot be found, the case may move out of Campbell County.
The trial was originally to begin on Sept. 9, but several issues have caused the delay. There has been an issue with the cameras used to take pictures of the crime scene. One was destroyed and another was sold on e-bay.
McCafferty's attorneys have also yet to say if they are going to use a mental health defense. They argue that if they don't use a mental health professional to testify, then they don't have to disclose their argument to the Commonwealth.
Judge Ward says that precedent shows if the defense wants to use an argument of battered wife syndrome, they do have to use a mental health professional, and therefore disclose their case to the Commonwealth. However, if the defense claims a case of Extreme Emotional Distress, they may not have to use a mental health professional, and would not have to disclose the information.
Judge Ward has not made a final ruling on the issue, giving both sides seven days to present more information.