By SUSAN TEBBEN
Special to the Daily Times
TOMPKINSVILLE —
The trial of a Tompkinsville man accused in the murder of two people was moved Wednesday to Wayne County on a request by his lawyers.
Monroe County Circuit Judge Eddie Lovelace granted the petition made by Greg Berry and Jason Pfeil of the Department of Public Advocacy, who are representing Paul H. Walden, 41, of 3 Coach Drive. The defense filed the petition Feb. 23 on the grounds that pre-trial publicity would not allow Walden to receive a fair trial in Monroe County. They also had two signed affidavits supporting their petition.
The commonwealth’s attorney for Monroe, Cumberland and Clinton counties, Jesse Stockton, did not contest the change of venue.
The attorneys and Lovelace discussed the motion in chambers before Lovelace gave the ruling. Stockton said Wayne was chosen because the other county being considered, Cumberland County, was having trouble with the Wolf Creek Dam. Stockton said he was not sure if the trial will begin March 29, as scheduled by Lovelace.
Lovelace said he would try to get in touch with the Wayne County court in Monticello on Wednesday to arrange the change of venue.
The defense also argued some procedural motions from Stockton concerning questioning of the jurors. Stockton wanted to limit the depth of questions asked of the jurors, specifically about punishments being considered in the case. Pfeil said the questioning of jurors falls under voir dire, the general questioning of jurors to determine whether they can weigh the evidence fairly.
Lovelace said he could not make an overarching decision on questioning the jurors until he heard the responses of the jurors, but agreed that voir dire was sufficient. He ruled that the defense would have the first chance to ask follow-up questions of the jurors.
Pfeil and Berry could not be reached for additional comment before press time.
Walden is on trial from a July 2008 incident when Kentucky State Police responded to the scene of a shooting at 1498 Sulfur Lick Road in Tompkinsville. They found Jackie Eubank, 47, and Nicholas Butler, 29, had been killed.
Witnesses said Walden was the last person at the scene before the victims were found, according to a KSP report. Walden was served an indictment warrant on two counts of murder in August 2008. In February of 2009, during a pretrial conference, Monroe Circuit Court granted a motion to allow a T-shirt with a blood stain to be tested for DNA. It also agreed to allow Walden’s attorney, Jason J. Pfeil, to have access to the crime scene.
Walden is being held at the Monroe County Jail.
