By Brian Smith
A trial set to begin this morning in the case of a couple charged with the alleged abuse of a 2-year-old has been delayed to mid-April because of evidence issues.
Jeremiah Caleb Blair and his wife Jessica each face a single count of first-degree criminal abuse after Jeremiah Blair’s 2-year-old daughter was taken to St. Joseph-Berea hospital by her mother with bruising under her neck.
A trial in the case had been scheduled for Monday, but was delayed a day to allow for a status conference Monday morning on several issues.
Madison Circuit Judge Jean C. Logue issued a ruling suppressing evidence from a similar case involving the couple in Ohio, but did give prosecutors permission to use videotapes of interviews each of the Blairs gave to police.
Logue is requiring prosecutors to redact certain portions of the tapes before they can be played to a jury.
The delay also is necessary because representatives of the state Cabinet for Health and Family Services provided social services records on Monday for Logue to review before they can be released to attorneys.
The records had been the central issue of a contentious pretrial conference between prosecutors and Jessica Blair’s former defense attorney, Somerset lawyer Brenda Popplewell.
Popplewell, who since has been replaced by Richmond attorneys Jim Baechtold and Mike Eubanks, had requested the records in August to determine if any prior child abuse complaints involving the girl had been filed with the state.
An order requesting the records was drafted by Commonwealth’s Attorney David Smith, but Logue stated the records would be reviewed in her chambers for relevance to the case before she released them to the attorneys in the case.
Logue scheduled a new trial date of April 19 for the case after conferring with both sides. The trial is expected to last two days, she said.
Several witnesses who had been subpoenaed to appear Monday will be required to return on the April 19 date.
If convicted, each of the defendants could face five to 10 years in prison.
Brian Smith may be reached at bsmith@richmondregister.com or at 624-6694. For breaking news, follow Brian at www.twitter.com/RR_BSmith.
