A capital murder case in Allen County is facing more delays now that the defendant has a new attorney.
Timothy Madden, who is charged with kidnapping, raping, sodomizing, and murdering seven year-old Gabbi Doolin, returned to court on Tuesday for a pre-trial hearing.
His newly appointed public defender Tom Griffiths told the judge that he had not received any files in the case from Madden’s former attorney Travis Lock.
"If I have to start over from scratch completely, then it's going to take a lot of time and energy to do it," Griffiths told WKU Public Radio. "In a case like this that's been going for close to three years, it's really not fair for everybody involved."
Allen Circuit Court Judge Janet Crocker ordered Lock to hand over the documents by August 15.
"The file belongs to the client, not the attorney," stated Crocker.
Lock stepped down from the case after Madden’s family ran out of money for a private defense. The 41-year-old Madden was appointed a public defender since he now using public funds to take the case to trial.
Allen County Commonwealth's Attorney Clint Willis expressed frustration because he thought the family would get a trial date at Tuesday's hearing.
"It's hard to explain to them that we're going to come back here and try to do the same exact thing all over again simply because a file did not appear to be handed over," Willis commented to reporters.
Madden could get the death penalty if convicted in the death of Doolin whose body was found behind Allen County-Scottsville High Schoolon Nov. 14, 2015. A new trial date is expected to be set at the next hearing on September 25.