Nunn evaluation halted; he'll be returned to Lexington

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October 13, 2009

Nunn evaluation halted; he'll be returned to Lexington

His attorney may appeal decision

By RONNIE ELLIS The Glasgow Daily Times Tue Oct 13, 2009, 11:05 AM CDT

LEXINGTON — Steve Nunn’s psychiatric evaluation will be halted and the former legislator charged with the murder of his one-time fiancé will be returned to the Fayette County Detention Center.

Nunn, 56, is charged with the shooting death of 29-year-old Amanda Ross outside her Lexington townhouse on Sept. 11. Nunn had previously been placed under a domestic violence order after Ross charged he’d punched her in the face, an aggravating circumstance that allows prosecutors to seek the death penalty. Nunn has not yet been indicted and had been sent to the Kentucky Correctional Psychiatric Center in LaGrange after his attorney and prosecutors entered an agreed order to have the evaluation.

But Commonwealth Attorney Ray Larson filed a motion to set aside the order and Fayette Circuit Judge Tom Clark granted the request Friday over the objections of Nunn’s attorney Astrida Lemkins.

In his motion, Larson argued that without an indictment on a specific charge the evaluation can’t determine if Nunn is criminally responsible. Lemkins argued in court Friday that Nunn has been charged – although not yet indicted – with murder and any additional lesser charges wouldn’t matter.

Later Lemkins said there might be another reason Larson wanted to halt the evaluation – to avoid handing over evidence during the evaluation. And Larson hinted that the prosecution may have come upon new evidence since he agreed to the order.

“As this investigation has continued, we have discovered that the investigative material is becoming pretty voluminous,” Larson told Clark. “And now we believe the order we and Ms. Lemkins sought and obtained was premature.”

In the end, Clark agreed.

“I’m being asked to clarify an order that’s already submitted to the court,” said Clark. “It’s obvious at this point the parties are not in agreement, correct?”

“Correct,” Lemkins answered.

Clark then said he is setting aside the order, allowing both sides to submit motions on the question of the evaluation and ordering Nunn returned to the Fayette County Detention Center.

Larson routinely declines to comment on active cases and had little to say after the hearing.

“We believe at this point that the KCPC evaluation is premature,” is all Larson had to say.

Lemkins said she may appeal Clark’s decision to the Court of Appeals, noting the evaluation was underway and that Larson had agreed to it. She said she did not know what additional charges Larson might be considering.

“They are going to charge (Nunn) with capital murder so I don’t know what other lesser charges would matter,” Lemkins said. “It was just an excuse so they don’t have to give any documents (to the evaluators).”

Lemkins was asked if that meant the hearing was as much about discovery of evidence as it was about the evaluation.

“Yes. I don’t think they want to give up discovery they have and they don’t know what discovery I have, and they probably don’t want me to see their discovery at this point,” she said.

Nunn was transferred to KCPC on Tuesday and had already undergone a couple of days of evaluation. Lemkins said she did not know when he might be transferred back to Lexington.

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Nunn evaluation halted; he'll be returned to Lexington

His attorney may appeal decision

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