Anthony Hogan, who had agreed to testify against Mallory, was convicted of criminal facilitation to murder and criminal facilitation to burglary – each carrying four years in prison.

A special prosecutor out of Gallatin and Boone counties presented a tampering with physical evidence case against Angela Ellemen for hiding bullet casings linked to the shooting of 15-year-old Gregory Holt for more than six years.

The testing, James Mallory’s attorneys believe, will show that any DNA found on the casings belong to a co-defendant, Anthony Hogan, who has agreed to testify against Mallory.

While a clerk with the Jefferson Commonwealth's Attorney's office listened to jail calls between Mallory and his legal team, Judge Susan Schultz Gibson said it did not prejudice Mallory's case

In a motion filed this week asking a judge to dismiss the murder case for prosecutorial misconduct, James Mallory’s defense said there is "no possible explanation" for the prosecution to listen to the calls.

The state Department of Public Advocacy is reviewing the practices in jails across Kentucky's 120 counties and whether any intercepted phone calls have been given to prosecutors.