JEFFERSONVILLE, IN (WAVE) - The last witness scheduled to testify in the Dale Bagshaw murder trial will not be taking the stand after all.
Bagshaw, of Jeffersonville, is charged with murdering his estranged wife, Kelly Bagshaw. During testimony earlier this week, the medical examiner said she was stabbed 57 times.
In court Wednesday, Dale Bagshaw's attorney raised questions about the second psychiatrist who was going to be called by the state to testify whether Bagshaw was legally insane. The questions surrounded whether Dr. Steven Shelton had a professional conflict because he had treated Bagshaw while he was incarcerated at the Clark County jail.
"Dr. Shelton is basically a doctor for Dale, then he becomes an advocate in a different capacity. He's supposed to be fair and impartial," Defense Attorney Perry McCall said.
McCall claimed he just learned of the jail visit this week after another medical expert informed him. "Once Dr. Parker brought that to my attention, just based on his experience in the industry, we checked that out and, in fact, he did have that contract with the jail," McCall said. Dr. George Parker, an Indiana University forensic psychiatrist, also evaluated Bagshaw. Parker testified Bagshaw suffered from dissociative amnesia, a mental disorder when an individual can't recall traumatic events.
McCall admitted he had access to a report Dr. Shelton completed, but wasn't privy to the Clark County jail role. McCall requested a different court appointed medical professional to review Bagshaw. Clark County chief deputy prosecutor Jeremy Mull said common sense should trump that decision.
"We're several days into the trial. Experts testified and, yet, he's going to go down now after he's heard all that and talk to a psychiatrist? And we're supposed to get a neutral evaluation? Come on," Mull said.
The prosecution and defense have rested and closing arguments were scheduled to begin Wednesday. The trial is now on hold as the court looks for a different psychiatrist for this phase. All parties will attempt to reconvene the trial on Friday.
If convicted of murder, Dale Bagshaw faces up to 65 years in prison.
Tuesday, May 21 2013 12:16 AM EDT2013-05-21 04:16:00 GMT
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