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Trial date set for Dishon charges; request made for dismissal of some

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By Thomas Barr

 SHEPHERDSVILLE -- Cases involving allegations of sexual abuse by a man also accused of killing his niece in 1999 may finally get to trial in January 2015.

That is, if special Circuit Judge Charles Simms doesn't dismiss one of the indictments.

In a hearing Wednesday, Stanley Dishon learned that several indictments for sexual abuse of minors would be consolidated.

A trial date was set for Jan. 26, 2015.

Prosecutor Michael Ferguson and defense attorney Melanie Foote Hollingsworth agreed that five days should be enough to conduct the trial.

Simms said he would have a jury pool of 150 individuals called for the trial.

Before that occurs, Simms will have to rule on a motion filed by Hollingsworth asking to dismiss one of the sex-related indictments.

In her motion, Hollingsworth alleges that sheriff's Det. Lynn Hunt presented different evidence to the grand jury than was in Dishon's statement to investigators.

Ferguson will have 21 days to response to that motion and Hollingsworth will have another three weeks to reply.

Another court order handed down dealt with any additional discovery evidence.

Simms gave Ferguson 30 days to determine whether there is any additional medical proof, psychological or mental health evidence which will be used.

Ferguson said anything the commonwealth has in its possession will be handed over in 30 days.

Another hearing will be held on Aug. 28 to discuss the status of this order.

Having to cover three counties, as well as the special assignment in Bullitt, Simms said he wanted all parties to know that things must be in place to move forward.

"When I show up in January, I want to try this case," said Simms.

At the August hearing, Simms will also see the progress in the viewing of the mattress sheets and pillowcases which will be sent for DNA testing.

The defense team wanted its expert present at the time of testing. Ferguson said that viewing of evidence would be arranged.

Simms told attorneys that he ruled that the case file attorney John Spainhour had during the original trial would be released to the parties.

Bucky Brooks was the original suspect and he went to trial three years later. It was declared a mistrial.

A hearing was recently held to determine whether Spainhour's files while he represented Brooks could be opened up for viewing.

Ferguson has 20 days to set up a viewing of the files by Hollingsworth.

Dishon, who remains in the Bullitt County Detention Center, is scheduled for trial in late September for the murder and kidnapping of Jessica Dishon in 1999.

However, with evidence still being reviewed and additional testing to be done, Simms said that it was doubtful that the original trial date would be good.