A month ago, attorney Michael Bufkin filed three motions in the defense of 48-year-old Harold “Butch” Jett — who, among many things, is charged in the October 21, 2021, murder of his aunt, Mary Dullenty.
These motions included one of discovery with a bill of particulars, one for the preservation of all evidence prior and ongoing, and one for an access request of the crime scene.
During Tuesday’s pre-trial conference, Trigg County Circuit Court Judge C.A. “Woody” Woodall III allowed Bufkin and Commonwealth’s Attorney Carrie Ovey-Wiggins to present their arguments for and against each motion — before noting he’d likely be making a final call soon before another pre-trial date set for May 13.
Ovey-Wiggins noted she had no issue with the preservation of evidence, but asked for detention facilities — namely jails, and the like — be excluded from this effort.
Bufkin disagreed.
The motion specifically laid out the agencies in which evidence should be preserved — including law enforcement, medical examiners, crime labs and any other investigative office — which seemed unclear.
Bufkin added that a fingerprinting division would be an example of such an investigative organization, while assisting attorney Michael Pfeil said another example would be the use of third-party resources for smaller law enforcement offices.
Ovey-Wiggins said she had no objection with granting the defense access to the crime scene, noting she’s already conferred with the victim’s family about this — but asked that both she and the Kentucky State Police be present with the defense representatives, since Dullenty’s residence remains as private property.
Bufkin, again, disagreed — stating that the defense was capable of its own investigation.
As for discovery and a bill of particulars, Ovey-Wiggins had but one objection. She said more discovery is coming for the defense, but she noted that there has been no cause shown at this time for a bill of particulars.
Bufkin had two issues here. Number one, he’s seeking a list of what will and won’t be provided in the discovery, because in the past, he’s experienced law enforcement agencies that have destroyed case notes and other smaller details tangential to the defense of a client. And number two, notes should both be discoverable and preserved.
Ovey-Wiggins rebuffed.
Jett, an Illinoisan, was indicted for murder by the December session of Trigg County’s grand jury — and along with it charged with first-degree fleeing from police, first-degree burglary, speeding 26 miles per hour or over and first-degree strangulation.
He was arrested following a police pursuit that ended at Dullenty’s Hilltop Street residence just outside of Cadiz. Earlier that October 14, the Trigg County Sheriff’s Department had responded to a disturbance on the South Road reportedly caused by Jett, where he’s currently accused of shooting a vehicle during an altercation.
Dullenty reportedly died of blunt force trauma, and Jett remains incarcerated in the Christian County Jail under a $1 million cash bond.
