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The Mount Eden woman serving time for killing a Shelbyville man in 1998 will have to wait a little longer to hear if she is granted a new trial.
Susan Jean King, 52, of the 2000 block of Van Buren Road, was indicted on murder charges in regard to Kyle “Deanie” Breeden’s death in April 2007.
Two months after the initial indictment, a grand jury also charged King with tampering with physical evidence.
In September 2008, King entered the amended plea of second-degree manslaughter pursuant to North Carolina v. Alford — meaning she did not admit guilt, but she believed there was enough evidence against her that a jury could find her guilty.
But, in May of this year, someone else admitted killing Breeden, and King’s attorney, Linda A. Smith, of the state’s Innocence Project entered a motion for a new trial.
Richard Thomas Jarrell Jr., 34, most recently of south Louisville, admitted to Louisville Metro Police that he killed Breeden — and could offer specific details in the case — while being questioned in May about an unrelated incident.
Spencer County Circuit Court Judge Charles Hickman spent the bulk of two days last month hearing evidence regarding the motion for a new trial and, due to the length of the hearing, asked Smith and the Commonwealth Attorney’s office to submit their closing arguments in post-hearing briefs.
Originally, Smith’s brief was to be filed by July 30 and the Commonwealth’s brief was to be filed by last Friday, Aug. 17.
According to the case file, Smith filed the defense’s brief on Tuesday, Aug. 7, but no brief has yet to be filed by the Commonwealth.
Contacted at his office Monday morning, Assistant Commonwealth Attorney David Nutgrass said the deadline for each side was extended one week due to unrelated, personal personnel issues within Smith’s staff.
Nutgrass said the Commonwealth will file its post-hearing brief by the end of the day this Friday.
After reviewing the briefs, Hickman can rule on the motion and/or set up another court date for King.
As of Tuesday afternoon, no additional hearings had been scheduled in the state’s online court records.