News and Tribune

January 16, 2013

7 P.M. UPDATE: Dale Bagshaw's murder trial at stand still

Trial on hold after testimony is called into question

By GARY POPP
gary.popp@newsandtribune.com

JEFFERSONVILLE — The murder trial of Edward Dale Bagshaw came to halt this morning after his defense attorney questioned the scheduled testimony of one of the three mental health professionals who have evaluated his client.

The trial could reconvene as early as Friday.

The court was expecting to hear the testimony of Dr. Steven Shelton, of Jeffersonville — one of the two court-appointed mental health professionals — this morning, then move to the closing arguments of Bagshaw’s attorney, Perry McCall, and Clark County Chief Deputy Prosecutor Jeremy Mull before the jurors’ final deliberation.

However, McCall questioned the legality of allowing Shelton to testify, as he has evaluated Bagshaw on two occasions, only one of which was done at the request of the court.

The first evaluation was conducted after he was booked in the Michael L. Becher Adult Correctional Complex Nov. 13, 2011, the day of Kelly Bagshaw’s murder. Only the second of the two evaluations was done at the discretion of the court and was the only one reviewed by the court.

McCall said some of the information in Shelton’s final report contains information of the initial evaluation, which violates the confidentiality of the first meeting.