LOUISVILLE, Ky. (WDRB) -- A day after a family spokeswoman for a former University of Louisville cheerleader who died in a crash complained about her murder case taking seven years to go to trial, the presiding judge explained reasons for the delays.
The case against Bradley Caraway is "very unfortunately" taking a long time to resolve, Jefferson Circuit Court Judge Ann Bailey Smith said during a hearing Thursday.
"I'm very hopeful we will soon be able to try this case to a resolution," she said.
At the start of the status hearing, Bailey Smith said she wanted to clarify "for anyone interested why this case has unfortunately been continued this long in this court."
Shanae Moorman died in a crash on the ramp connecting Interstate 64 with the Gene Snyder Freeway in August 2016. Caraway, who was 34 at the time of the crash, was driving his 2014 Honda Accord around 3 a.m. at an "excessive speed" when it flipped and he "lost control of the vehicle," according to police.
The car ran off the left shoulder and overturned, ending up upside down. Moorman was thrown out of the vehicle and pinned underneath. Police said she had to be extricated by first responders and pronounced dead at the scene.
Caraway "fled the scene" and was seen by a police officer at about 6:45 a.m. walking on the ramp from I-265 southbound to Taylorsville Road without a shirt or shoes, according to court records. He provided his driver's license, but refused to answer questions and asked for an attorney.
He has pleaded not guilty.
Caraway, whose blood-alcohol level was "at least" twice the legal limit in Kentucky, is scheduled to stand trial Aug. 29 on charges of murder, driving under the influence and leaving the scene of an accident.
It is highly unusual for any criminal case, even a complex murder trial, to take seven years to finish.
On Wednesday, Moorman's parents, Shawne and Andrew, shared memories of their daughter and the frustration with the constant court delays through longtime family friend Lisa McGrew.
"It's time we figured out how to make this process work," McGrew told WDRB News. "The justice system is there for a reason. But it's broken for this case. And we just want it over. ... There's no justice. There's no closure."
McGrew asked if Bailey Smith would allow this amount of a delay if it was her daughter who had been killed.
"And she is a judge that is supposed to have order in her courtroom." McGrew said. "That's her role. And we don't feel that there's justice for Shanae."
In the hearing Thursday, after being questioned about the delays a day earlier by WDRB, Bailey Smith told the defense and prosecution she wanted to address the issue.
She said Caraway was initially scheduled for trial on March 8, 2018. It is not unusual for a murder case to take two years to get to trial, but the March 2018 hearing was delayed on the motion of prosecutors because DNA testing had not been completed, Bailey Smith said. The case was re-scheduled for Nov. 13 of that year but again the prosecution asked for a continuance.
In a statement from the Commonwealth's office on Thursday, First Assistant Erwin Robert said "the Caraway case involves complex technical evidence with expert witness analysis by the Commonwealth and the defense, lab analysis of DNA evidence, pretrial litigation on evidentiary issues and coordination of the expert witness appearance in court.
"All of those factors contributed to the delay of the case."
The case was postponed until March 5, 2019, but the judge said she was ill and it was again delayed until June 11. At that time, both the prosecution and defense asked that the trial again be pushed back. The judge did not provide a reason given.
The next date was scheduled for April 14, 2020, but the chief justice of the Kentucky Supreme Court mostly shut down the state's court systems because of the COVID-19 pandemic.
Under the order, all criminal and civil dockets except for "emergency matters" were postponed.
"We tried several dates during the pandemic hoping that we would be able to be able to bring in the jury panel," she said. "We were unable to do so. ... As a result, we weren't able to try the case."
Roberts, with the commonwealth's attorney's office, also noted COVID caused numerous delays.
Caraway was then supposed to go to trial in January of last year but "I cannot put my hands on my notes as to why we did not try the case on that date," Bailey Smith said.
The trial did finally get underway last summer, but after a few days, Bailey Smith had to declare a mistrial on Aug. 1 when Caraway's attorney, David Lambertus, became ill, was hospitalized and could not continue.
"I was certainly hopeful this past summer when we actually got started in the trial that we were going to be able to finish the trial, but fate was not with us and we were not able to do that," Bailey Smith said.
Lambertus has since been replaced by defense attorney Rob Eggert. A change in attorneys delayed the case further as Eggert had to review evidence in the case and catch up on years of motions and hearings. Thus, the case was delayed until this August.
"That is the history of the case and why this case, unfortunately, very unfortunately, has taken this long to be able to get a resolution," Bailey Smith said.
Moorman, a graduate of Louisville Male High School, battled Cystic Fibrosis and used her disease to help inspire others, according to McGrew, the family friend. She was known for her positive energy and enthusiasm, something she leaned on as a U of L cheerleader in college.
"She just had so much life to give and so much love to give and so many more people that she would have touched in a time when people need a bright light she would have been that," McGrew said.
Caraway has been out of jail awaiting trial since shortly after his arrest. He was on home incarceration until that was lifted late last year.
Bailey Smith set the next hearing date for May 25.
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