Dishon attorneys: State missed window to seek death penalty - WDRB 41 Louisville News

Dishon attorneys: State missed window to seek death penalty

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LOUISVILLE Ky. (WDRB) -- Stanley Dishon should not have to face the death penalty in the murder of his niece, Jessica, because prosecutors did not meet a court-ordered deadline to declare their intention to seek capital punishment, Dishon's defense attorneys argue in a motion filed Wednesday in Bullitt Circuit Court.

The Bullitt Commonwealth's Attorney's office did not provide notice it would pursue "aggravated penalties," including execution, by a Jan. 24 deadline the parties had agreed to in October before special Judge Charles Simms III, Dishon attorneys Jennifer Wittmeyer and Melanie Foote Hollingsworth say in the filing.

Dishon has pleaded not guilty to the 1999 kidnapping and murder of Jessica Dishon, his 17-year-old niece.

Last week, Dishon attorneys filed motions saying prosecutors had "completely" disregarded a different court order by failing to provide numerous pieces of key evidence, giving them incomplete documents and even turning over testimony from the wrong case.

Both defense motions – the incomplete evidence and the death penalty exclusion – will be heard in court tomorrow.

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