SCOTTSVILLE, Ky. (WBKO) -- The man accused of killing seven-year-old Gabbi Doolin in November of 2015 will make a scheduled court appearance tomorrow in Allen County.
Timothy Madden is facing charges of murder, rape first degree (victim less than 12 years of age), sodomy first degree (victim less than 12 years of age), and kidnapping (victim death).
Madden's defense team is trying to move the trial away from not only Allen County, but also bordering counties.
In October, Timothy Madden's attorney team filed a supplemental motion to hold Madden's trial in a county that is not adjacent to Allen County.
Travis Lock cited a study done by researchers at Western Kentucky University as proof that his client would not receive a fair trial in those adjacent counties.
"What that survey tells us is that the state of public opinion in the adjacent counties is much like that which we saw in Allen County," he explained to 13 News back in October. "A majority of the citizens of those four adjacent counties, believe that this defendant is guilty. Approximately 75-85% of those believe that the defendant is 'definitely' guilty."
In their response to the supplemental motion, the Commonwealth claims it's unwarranted to eliminate these counties unless there has been prejudicial news coverage before the trial that is "reasonably likely to prevent a fair trial."
Speaking to the media coverage of the case, the Commonwealth's response claims that "most of the information that has been published is such as would be provided to the jury panel upon reading of the indictment in any event," a criteria that Travis Lock believes is beyond the point he is trying to prove.
"What the Commonwealth's response fails to recognize, in my estimation," said Lock, "is that this defendant's request for a change of venue was not based solely on negative pretrial publicity. Rather, the defendant's motion for a change of venue was based on the surveys conducted by the Social Science Research Center at Western Kentucky University."
Commonwealth Attorney Clint Willis also says in the response that if the numbers in the supplemental study are correct, the random jury selection process would still yield more qualified jurors in Warren or Barren Counties than even the total number of age-appropriate citizens that live in some small Kentucky counties combined.
Madden's trial will definitely not happen in Allen County, but the Commonwealth's response asks that Madden's request for venue change outside of adjacent counties be denied.
As for whether or not we will find out where Madden's trial will be held, it's still unclear, but Travis Lock believes it's always a possibility, and one that's certainly more likely than the last he walked in to the courtroom with Timothy Madden.
"It's impossible for me to say whether the court will make that decision tomorrow, or whether the court will require additional time to contemplate that decision," expressed Lock, "but I would foresee a decision on venue forthcoming in the very near future, if it is not rendered by the court tomorrow."
No matter what happens tomorrow, any court appearance leading up to the trial will be held in Allen County.
A copy of Madden's supplementary motion and the Commonwealth's response are attached to this story.
Follow 13 News reporter Sean Baute for coverage tomorrow: