Particle.news

Defense Seeks Hearing to Bar Death Penalty in Former Sheriff Shawn Stines Case

The filing asks for a pretrial determination under Kentucky law on serious mental illness or intellectual disability, with scheduling contingent on a pending recusal motion.

Overview

  • Stines’ attorneys filed the motion on Feb. 9 under KRS 532.135 seeking to establish ineligibility for execution before trial.
  • The defense says some evidence about Stines’ mental health or intellectual functioning would be submitted under seal.
  • If the court finds he qualifies under the statute, jurors would not receive death‑penalty instructions and capital jury selection would be unnecessary.
  • Kentucky law requires the court’s determination before trial, with a ruling at least 90 days out and motions filed at least 120 days ahead to avoid waiver.
  • The court has not ruled on the request, prosecutors continue to cite courthouse surveillance video as key evidence, and the motion addresses sentencing rather than guilt.