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Jeffersonville, Ind. (WDRB) - There has been an unexpected delay in the trial of a Southern Indiana man accused of murder.
Dale Bagshaw is accused of stabbing his estranged wife Kelly in a Jeffersonville parking lot while their two young children watched from a window in November of 2011.
Defense attorneys did not want a court-appointed mental health expert to testify, and said there was a conflict of interest. That doctor is the same physician that treated Bagshaw in jail after his arrest.
"There is a checklist that a judge goes through that says can you be fair and impartial and you are disinterested and when you have that prior relationship there," said Bagshaw's attorney Perry McCall.
"There is an interest there, so that causes concern."
The judge ruled the jury could not hear the testimony. The trial has been delayed while the court searches to appoint another mental health professional to testify.
McCall said there had to be another psychiatric evaluation performed, which is why they have taken a break.
Prosecutors said the defense has known the doctor would testify for more than a year.
"All I can say is that this is an objection that could have been made before the last day of the trial,"
"I am not going to cast any blame on Mr. McCall or say anything bad about him, but from a procedural standpoint, these types of objections should not be made on the last day of trial as a witness is coming to the stand," said Clark County Chief Deputy Prosecutor Jeremy Mull.
The victim's friends are upset at this latest development.
"Angry, upset," said Kelly Bagshaw's Donna McDonald when asked how this made her feel.
"I feel like this should have been looked into a year ago, not the last day."
McDonald said she was hoping the closing arguments would take place Wednesday, so the jury could start deliberating.
"I was hoping it would that it would hurry up and get over with because I want to talk about the kids," McDonald said.
"These kids don't have a momma, don't have a daddy anymore, they don't have a home anymore. They are in a house, but not in a home, there's a difference between a house and a home, there's love in a home."
Prosecutors and the defense attorney said the trial could resume as soon as Friday. If convicted of murder, Bagshaw could spend up to 65 years in prison.