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Madden murder trial may not begin until 2018

(WBKO)
Published: Dec. 2, 2016 at 3:36 PM CST
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For the first time since the anniversary of her murder, the man accused of killing 7-year-old Gabbi Doolin at a football game in 2015 appeared in Allen County Circuit Court Friday.

DNA samples taken from the murder scene were the main point of discussion. Specifically three samples of bodily fluids.

Judge Janet Crocker made a ruling that only two of those three samples will be tested because they provide enough DNA and the third sample may not have the amount necessary for testing.

"My understanding is that the commonwealth's response is that the only time we test all items of bodily fluids, is when we believe there may be multiple perpetrators. My position for the defense is, how do you know if there's only one perpetrator if you only test one item of bodily fluid," said Madden's attorney, Travis Lock.

Judge Janet Crocker stated that plenty of DNA testing has been done in the case, and these samples weren't the only ones from the scene that were being sent to a crime lab.

Timothy Madden's attorney, Travis Lock, says it will be tough for his client to get a fair trial in Allen County or any of the surrounding counties.

Many deadlines were set in court Friday as well. The most important one may have been the request for change of venue deadline set for March 31, 2017.

Madden's attorney said he plans to ask for a change of venue, and will do it well before the deadline.

"[I'll do it] before March 31. Can Tim Madden get a fair trial in Scottsville, Kentucky? I think that is very questionable."

All of the DNA testing in the case isn't expected to be done until possibly June. That work, on top of a few other factors won't have the case ready for trial until the Fall. Judge Crocker gave the court a few reasons why the Fall months aren't good for a trial.

"I'm not going to try this case around the anniversary of this child's death, and I'm not going to try this case during the holidays."

Instead, announcing a likely time to set a trial date would be 2018.

"What I would anticipate is, looking at trial date probably sometime in January."

That time period isn't official but just an estimate of when Timothy Madden's murder trial is likely to begin, given other deadlines set by the court.

As soon as the timeline was announced, it hit both families in the case like a ton of bricks.

"Each time we've met, we've been waiting for that trial date, that day that we're going to find out more. It seems to keep being pushed off. For it to be 2016, and you hear 2018, it's pretty shocking," said Gabbi Doolin's aunt, Lori Wilson.

Gabbi Doolin's birthday was on December 26. The anniversary of her death was a few weeks ago on November 14. All dates that will pass again, and in some instances twice, before a trial is likely to begin.

"No matter what the day is. Whether it's the anniversary, of her being taken, or it's birthday, or whether it's Christmas, and Thanksgiving, the trial is just one more day to have to wait for," added Wilson.

Timothy Madden won't actually be in court again until July 26, 2017.

The Madden family is expected to send a statement to 13 News over the weekend regarding the decisions made in court Friday.

Timothy Madden is charged with murder, rape, sodomy, and kidnapping in the death of 7-year-old Gabbi Doolin.

Doolin was killed on November 14, 2015 on the campus of Allen County-Scottsville High School during a youth football game.

Madden is facing the death penalty if convicted.

Other deadlines and dates set in the case:

March 31, 2017 - Change of venue request deadline

April 28, 2017 - Response deadline

May 26, 2017 - Reply date, evidence suppression request deadline

January 2018 - Trial could begin