SCOTTSVILLE, Ky. (WBKO) – Timothy Madden was back in Allen Circuit Court Tuesday, represented by a public defender after switching counsel.
In front of Judge Janet Crocker, Madden's attorney argued that a trial date could not be set Tuesday because he has not yet received certain files from Madden's previous representation.
Tom Griffiths now represents Madden, and on Tuesday he told the court that Madden's prior attorney, Travis Lock, has not been able to provide him with the files he needs.
"I'm sure that there is a good reason why he hasn't done it," Griffiths said, "but if you're asking me what that reason is, I don't know."
Griffiths stated Lock was supposed to meet with the new defense team earlier this month on July 10 but Lock did not have files ready.
"Even if I had all the material, we wouldn't be able to try the case any time soon," added Griffiths, "because the rest of the investigation has to occur. The problem I have right now is I don't know how much more investigation has to occur."
Travis Lock told 13 News Tuesday that he did meet with Griffiths for about two hours on that day, adding that he could have provided what Griffiths was asking for, but he has still not yet been notified how Griffiths wants the files sent to him.
Lock wanted to make it clear that all Griffiths has to do is tell him how he'd like the files sent, and he can do it.
Judge Janet Crocker gave Lock 15 days to turn over either copies or original files, and Lock says if prompted, he could even have them ready by the end of the week.
Lock added that he is no longer part of the case and does not want to prolong the case any longer than it already has been.
Commonwealth Attorney Clint Willis said he is frustrated with how the case has progressed, expressing concern for the victim's family.
"Last time everyone left the courtroom, and it was pretty clear that we were going to come back today and have our schedules ready, and we could pick out a firm date," said Willis, "but as far as the victim's family, it's kind of hard to explain to them that we're going to come back here and try to do the exact same thing all over again simply because a file did not appear to be handed over."
Judge Crocker set a scheduling conference for September 25 at 1:30 p.m. assuming the files are turned over in a timely manner.
Crocker asked prosecution and defense to begin looking at availability for possible 2019 trial dates.
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.