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LOUISVILLE, Ky., (WDRB) -- The Bullitt Commonwealth's Attorney's Office is asking a judge to decide if the public defenders representing the man charged in Jessica Dishon's murder have a conflict of interest because their office also represented an "alternate perpetrator" in the 1999 slaying.
In a motion filed Wednesday, Assistant Bullitt Commonwealth's Attorney Michael Ferguson asks special judge Charles Simms III for a hearing on whether attorneys with the department of public advocacy can continue to represent Stanley Dishon while also arguing that David "Bucky" Brooks is a "suspect."
The office represented Brooks a decade ago when he was acquitted in the murder of the 17-year-old teen. Stanley Dishon has pleaded not guilty in the kidnapping and murder of Jessica, his niece.
Also, Ferguson argues in his motion that the department of public advocacy must disclose any contact between Stanley Dishon's attorneys and Assistant County Attorney John Spainhour, who as a public defender represented Brooks.
Ferguson has also asked for the "facts related" to Spainhour turning over his Brooks trial file to the Bullitt County Sheriff's Office and the name of the investigator that worked for Spainhour "who was on loan" from the department of public advocacy.
And Ferguson has requested information about an award the department of public advocacy gave Spainhour for representing Brooks as well as any waiver signed by Stanley Dishon acknowledging he has a "clear understanding of DPA's role in the defense of David Brooks."
The Commonwealth's Attorney's Office will make these motions in Nelson Circuit Court on December 5. Simms, who is a Nelson County judge, has set a trial date for Sept. 22, 2014.
Both Bullitt County circuit court judges recused themselves because of ties to the case.
Bullitt Commonwealth's Attorney Mike Mann has said his office will not talk about evidence in the case.
Also on Wednesday, Stanley Dishon's attorneys asked Simms to allow them access to the driveway where Jessica disappeared from – her former home on Deatsville Road – as well as where her body was found in a remote area near the Salt River.
The defense said it would take steps to protect the privacy of the people who currently live in the Dishon's former home.
Jessica was a high school senior when she disappeared from her home in Shepherdsville on Sept. 10, 1999. Her body was found 17 days later in a wooded area a few miles from her home.
Stanley Dishon's attorneys also requested Jessica's autopsy, toxicology reporters, findings of the medical examiner and any documentation regarding an FBI examination of her body, according to a motion filed Wednesday.
Stanley Dishon was indicted for Jessica's murder on Oct. 2, 2013 while already serving time on a rape and sodomy charge.
Brooks spent two-and-a-half years in jail before the charges were eventually dropped in 2003.
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