Play Live Radio
Next Up:
0:00
0:00
0:00 0:00
Available On Air Stations

Allen Circuit Judge Denies Motion to Exclude Death Penalty in Madden Case

Lisa Autry

A judge has denied a motion to exclude the death penalty against the man accused in the brutal death of a young Allen County girl. 

Timothy Madden returned to Allen Circuit Court on Friday for a pre-trial hearing.  Madden is charged with kidnapping, raping, and murdering seven-year-old Gabbi Doolin in 2015. 

Allen Circuit Judge Janet Crocker ruled that Madden would remain eligible for a death sentence if he is convicted.  Doolin’s cousin Lori Wilson said the family feels that if there’s ever been a case that warranted the death penalty, it’s this one.

“It’s just taken so long, so they’re trying to be patient," Wilson tolds reporters. "Just getting some closure on that part is a definitely a good step in the next direction."

Madden is charged with kidnapping Gabbi Doolin at football game in Scottsville on Nov. 14, 2015.  Her body was found that evening in a creek behind the local high school.  Investigators determined she had been strangled and drowned.

Judge Crocker denied several other defense motions, including a request to confiscate the cell phones of jurors.  Madden’s public defender Tom Griffiths argued that while jurors will be admonished to not research the case during the trial, it happens all the time.

“It’s been my experience, and frankly everybody that tries serious cases, that jurors just can’t help themselves, they just can’t," Griffiths stated.

Griffiths referenced the the case of drug kingpin El Chapo and said a motion for a new trial is pending after a juror admitted to doing independent research on the case.

Comonwealth’s Attorney Corey Morgan said the defense request is impractical to enforce for the duration of the trial.

“You’d have to take their phones that entire time when they’ll be going home and having access to computers and ipads and other things of that nature," explained Morgan.

"This jury will be making decisions that ultimately may determine whether this man lives or dies," remarked Crocker.  “If jurors can’t be trusted with cell phones, how can we trust them with such a weighty decision?"

Due to pre-trial publicity, the capital case will be tried in Hardin County starting Sept. 4.  Jury selection is expected to take a week to ten days.

Lisa is a Scottsville native and WKU alum. She has worked in radio as a news reporter and anchor for 18 years. Prior to joining WKU Public Radio, she most recently worked at WHAS in Louisville and WLAC in Nashville. She has received numerous awards from the Associated Press, including Best Reporter in Kentucky. Many of her stories have been heard on NPR.
Related Content