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JEFFERSONVILLE, Ind. (WDRB)--Defense attorneys say a Southern Indiana man was not in his right mind when he stabbed his estranged wife to death in front of their two young children. That's why attorneys for Dale Bagshaw are still considering an insanity defense.
Bagshaw was back in court on Monday afternoon for another pretrial hearing. His murder trial is scheduled to start on Tuesday. Bagshaw's parents were also in court. The couple declined to be interviewed after court, however, his mother seemed to have a change of heart.
Mrs. Bagshaw looked at the camera and said, "I have something to say; my son is not a murderer."
"The family is upset you know simply because it's not in their mind...not Dale's character," says Perry McCall, Bagshaw's defense attorney.
Prosecutors say in November of 2011 Bagshaw stabbed his estranged wife, Kelly, to death. It happened at the Lafayette Square Apartments in Jeffersonville, after an argument over Kelly Bagshaw's cell phone.
"It was an on again off again relationship," says McCall. "That's why we are pursuing the voluntary manslaughter..there's an insanity defense out there also."
Meanwhile, whatever the case may be, jury selection is scheduled to start first thing Monday morning.
"After that's complete then the state will begin presenting it's evidence on the following day," says Jeremy Mull, Prosecutor.
But the defense is still not sure Bagshaw can get a fair trial in Clark County. McCall says,"You get jurors who indicate that they hear about things and they won't form an opinion or form an opinion but it, you know, what you tend to hear first about some event you tent to believe."
If convicted, Bagshaw faces up to 65 year in prison. The couples' two small children are now living with Kelly Bagshaw's sister.