Circuit Judge Stockton Wood heard arguments from attorneys on both sides of the Roy Pollard case Jan. 5, and ruled to keep the trial date set for Jan. 20.
Pollard defense attorneys Amanda Mullins and Tom Griffiths with the Department of Public Advocacy had made a motion for a continuance of the trial scheduled for Jan. 20 and 21, 26, 27, and 28. Wood said he was not in favor of a continuance and ruled that the trial would go on as scheduled.
Another motion for change of venue was made by DPA in which Commonwealth’s Attorney Kathryn Hendrickson made a motion objecting to the change of venue to Mason County. Wood ruled Dec. 5 that the court would try to seat an unbiased jury before he would consider a change of venue.
Pollard has been charged with two counts of first-degree murder in the death of Jason Thompson and his aunt, Willa Thompson on Jan.11, 2008, at their homes in the Muses Mill community. He has also been charged with one count each of unlawful imprisonment for allegedly kidnapping his ex-wife Bonnie Butler, first-degree assault, first-degree burglary, tampering with physical evidence, third-degree terroristic threatening, and violation of a domestic violence order related to the events of Jan. 11, 2008.
Wood also heard the motions filed on Dec. 29, which included a request for additional peremptory challenges, in addition to the standard eight peremptory challenges granted both the defense and prosecution during jury selection. The motion asks for 10 additional peremptory challenges for the defense team, which allows the opportunity for both the defense and prosecution to dismiss or excuse a potential juror without giving a valid reason. He said he would rule on those motions Jan. 16.
The second motion filed asks Hendrickson's office to disclose its victim(s) impact evidence and any penalty evidence it intends to produce during either the trial guilt phase or penalty phase.
The third motion asks the court to preclude aggravating circumstances of first-degree burglary because as it is applied in the case, it is unconstitutional. Mullins argued "the fatal shooting" took place outside of the Thompson home and there was no indication the crime was committed inside.
Mullins said she and Griffiths were trying to arrange a mental evaluation of Pollard, as well as get crime lab reports regarding blood stains found on the shirt Pollard was wearing the night of the murders. Mullins said the report would indicate exactly whose blood was on the shirt.
Assistant Commonwealth’s Attorney Gary Adkins said "the facts of the case are very clear cut, whether the blood is from Richard Anderson (who was shot in the hand), Willa Thompson or Jason Thompson.” There were no injuries on Pollard when he was admitted to Fleming County Hospital after he was captured Jan. 12, 2008.
Mullins argued that some of the evidence could relate to blood splatter.
Wood said he wanted to get the case started since it has been "several, several months" since the shootings took place. He then instructed Adkins to follow up on when lab reports would be available and advised Mullins to make arrangements to have Pollard transported from the state correctional facility in La Grange where he is currently incarcerated to the Mason County Detention Center for a mental evaluation.
Marla Toncray of The Ledger Independent contributed to this article.
